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Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


LAWS 


STATE  OF  NEW-YORK 


REI.ATJNd  PARTICCr  AKI.Y  TO 


THE   CITY  OF   NEW-YORK 


PUCUIsHliD 


feV  THE  AUTHORITY  OF  THE  CORPORATION 


OF  THK  SAID  CITV, 


N  E  W  -  Y  O  R  K  : 

GOULD  AND  BANKS,  CORNER  OF  NASSAU  AND  SPRUCE  STREETS. 
1833. 


G.    p.    SCOTT    AND    CO. 

tINTERS,   CORNBR   NA83A0  AND   ANN   STREETS. 


INDEX  TO  THE  LIST  OF  ACTS. 


A 

Absconding  and  absent  debtors,  acts  relating  to IH,  3^1 

Academy  of  Arts,  act  incorporating 4'J 

amended 69 

Accounts  of  the  New- York  Hospital,  act  in  relation  to 99 

Administrator,  public 78,  96 

Affidavits,  act  recrulating  the  taking  of 5 

African  Free  School 52 

Society,  act  amended 86 

Albion  Society,  act  incorporating 41 

act  altering  the  name  of 4o 

Aldermen,  powers  granted  to 35,  43,  47 

Alleys,  act  regulating 2 

Almshouse  and  Bridewell  28,  57 

American  Fire  Insurance  Company 89,   101 

Fur  Comp.any,  act  incorporating 50 

Gas  Light  Company  92 

Institute 97 

Insurance  Company,  acts  incorporating  and  amending  ...'. 57,  62,  65,  83 

repealing  clause  of. 62 

continuing  83 

Manufacturers'  Mutual  Assurance  Association 100 

Ancient  Britons'  r>enefit  Society,  act  incorporating 45,  78 

continuing 78 

Ann  Warner,  act  for  relief  of 71 

Appointment  of  officers,  act  directing 82 

Apportioning  representation  in  Legislature,  acts  respecting  18,  22,  38,  66,  91 

Congress,  do.  ...20,  25,  34,  38,  40,  49,  56 

Apprentices  and  Servants,  acts  concerning 16,  36 

Arsenal,  acts  for  erecting  of 28,  48,  50,  62,  69 

duty  of  commissary  of  military  stores  in  relation  to 62,  69 

Artillerymen,  acts  for  encourarjement  of 22,  45 

a  new  hriijade  authorized   45 

Assessments,  commissioners  of,  {sec  Taxes) 

of  ministers  and  poor's  tax 2,  3  9,  63 

.acts  for  the  more  easy  collection  of 15  30,  37 

Assistant  Society,  act  incorporating 52 

Associated  body  of  House  Carpenters  of  the  city  of  New- York,  act  incorporating 43 

Associate  Reformed  Church 73 

Atlantic  Insurance  Company  95 

Atlas  Insurance  Company,  act  incorporatincr 87 

Auction,  act  to  j)revent  sale  of  soodshy  night  at 11 

additional  duty  on  sales  at,  act  regulating 28 

regulation  of  sales  at 35,  40,  .50,  53,  60,  83,  88 

Auctioneers,  acts  in  relation  to 39,  48 

AuxiUary  New-York  and  Common  Prayer-Book  Society ,  act  respecting 69 

B 

Bakers' Benefit  Society ^ 96 

Bank  of  Savinrrs,  acts  concerning 76,  92,  98,  99 

Banks  in  the  city  of  New- York,  list  of,  from  the  commencement  of  the  government  to 

the  present  time,  with  the  several  acts  amending,  modifying,  or  altering 103-107 

Baptist- Church 75,  88 

Education  Society,  act  incorporating 74 

Missionary  Society,  act  incorporating 49 


V  LNDEX. 

Barrels  and  half  barrels,  of  beef  and  pork,  &c 5 

Bastards,  acts  in  relation  to 58,  67 

Bodlows  Island,  act  designating  it  a  place  of  quarantine 

Beef  and  pork,  acts  respecting  exportation  of 16,  18,  40 

inspection  of 29,  32,  36,  39,  40,  41,  42,  48,  61,  65,  67,  89,  90,  94 

repackersof 5,  16,  29,  32,  42 

Benevolent  Society,  act  incorporating  41 

Berry,  John,  act  for  relief  of » 42 

Bethel  Baptist  Church,  act  incorporating  the \ 78 

Blind,  New-V'ork  Institution  for  the  99 

Bonds  of  Sheriff 93 

on  serving  process 33,  59 

Boring  the  earth  for  water,  act  relating  to  , .     99 

Botanic  garden,  act  authorizing  the  purchase  of. 

Boundaries  of  the  city  and  county  85 

Branding  of  flour,  act  regulating  the  9 

Bread,  white,  act  in  relation  to  packing  of. 9 

Breucldand,  [now  Brooklyn,]  road  to 3 

Bricks,  act  regulating  sale  of  10 

Buildings  regulated 2,  7,  8,  11,  15,  19,  21,  23,  26,  34,  35,  56 

act  for  covering  of;  with  tile  8 

wooden 19 

Butchers'  Benevolent  Society,  acts  incorporating i 66,  99 

By-laws,  act  against  unlawful 2 


Caledonian  Society,  act  incorporating 46 

Canal  Insurance  Company,  acts  incorporating 66,  99 

street,  act  respecting 51 

Carriages,  acts  directing  those  going  north  to  give  way  to  those  coming  south 15,  29 

passing  of 29 

Cartmen's  Benevolent  Society '. 75 

Casks,  for  packing  white  bread , 8,     9 

false  tareing  of 16 

Cellars,  (see  Mai/or,  Aldermen,  tf-c.  powers  to) 

Central  Presbyterian  Church,  act  in  relation  to 79 

Chaniberlair»of  the  city,  act  directing  granting  administration  to '.',0 

Chancery,  atts  concerning 37,  40,  57,  59 

Chaplain  to  Marine  Hospital 84 

Charter  officers,  acts  for  the  better  regulation  of  elections  of. 10,  24,  3i,  36,  40 

Chatham  Fire  Insurance  Company 80,  85 

Christ  Church  in  Ann-street 83,  84 

Churchwardens  and  Vestrymen,  acts  for  choosing  of 9,  21 

Circuit  Courts,  acts  respecting 32,  37,  40,  47,  57,  59,  62,  69 

Cities,  act  contirming  rights  of. 2 

City- Hall,  act  for  the  removal  of  prisoners  from,  to  new  gaol 7 

City  Insurance  Company,  act  incorporating 

Clark,  Daniel,  act  for  relief  of. 102 

Clerk  of  the  city  and  county  of  New- York,  act  respecting 31 

to  give  bond 91 

of  Common  Council 45 

of  the  Oyer  and  Terminer  and  General  Sessions 47 

of  the  Supreme  Court 49,  54,  94 

Clinton  Fire  Insurance  Company ,..100,  101 

Hall  Association  in  the  city  of  New- York 98 

Coenties-slip,  act  relating  to 47 

Collectors  of  taxes  (see  Taxes) 3,  4,  37 

act  enlarging  time  of  payment 8 

converting  taxes 4 

College  of  Pharmacy  of  the  city  of  New- York 100,  102 

of  Physicians  and  Surgeons,  acts  res[)ecting 19,  69,  79 

Columbia  College,  act  directing  payment  to,  &c 24,  53,  55,  60,  73 

Commercial  Insurance  Company,  act  incorporating 42,  55,   101 

Commissioner  in  New- York,  act  authorizing  one  to  be  appointed , "26 

Commissioners  of  Excise,  allowance  to , 19,  39 

Common  Council,  new  organization  of 84,  95 

Common  lands  of  the  freeiiolders,  &c.  of  Harlaeni 76 

Congress  Steam  Sugar  Refinery 99 

Consistory  of  the  Reformed  Presbyterian  Church 76 

Constables  and  marshals,  process  against,  refusing  to  pay  over  money 6 


INDEX.  V 

Constables,  act  to  enlarge  the  time  to  pay  in  taxes  collected  by  them 8 

Contributors  to  the  New- York.  Dispensary,  act  to  incorporate 2*2 

Convicts,  employment  of,  {see  State  Prison) 50,  58 

Costs,  act  resjKJCtinff .^    57 

Counties,  acts  dividing  the  state  into 17,  60 

boundaries  of" 85 

Courral,  De,  and  others,  act  for  th"ir  relief 96 

Court  of  Common  Pleas  and  Mayor's  Court,  acts  in  relation  to.... 3,  14,  24,  31,  35, 

43,  47,  GO,  61,  72,  77,  78,  94 

General  Sessions,  actsin  relatioii  to 14,  22,  25,  26,  34,  35,  43,  47,  60,  61 

Over  and  Terminer,  acts  coiicerning 16,  22,  26 

Probates,  acts  concerning 29,  34,  38,  59,  67,  81 

Cranage,  acts  regulating 9,   10 

Crimes,  acts  declaring  the  punishment  of 48,  51,  58,  62 

Criminal  offences,  acts  for  the  speedy  punishing  persons  who  commit 5,  12,  17 

laws,  acts  in  relation  to 23,  27 

Culling  of  staves  and  heading,  acts  regulating 16,  32 

D 

Damaged  goods,  act  regulating  sale  of 7 

Dean,  Israel,  act  f)r  relief  of 98 

Deaths,  report  of  (see  Infectious  Diseases) 

Debtors,  absent  and  absconding,  acts  in  relation  to 13,  33,  36,  41 

Debts,  acts  for  the  recovery  of,  under  ten  pounds 15,  18 

to  the  value  of  ten  pounds 22,  24,  31,  36,  49,  59 

Deeds,  acts  for  recording  of,  by  the  clerk  of  the  city  and  county 54,  55 

Defence  of  the  state,  acts  in  relation  to 48  66 

Delaware  and  Hudson  Coal  Company,  act  iiicorfxjrjiting 82 

Disorderly  persons,  acts  for  the  punish nu-nt  of 17 

Distilled  spirits,  act  in  relation  to  inspection  of 76 

Distresses,  acts  regulating 67,  72,  76 

District  Attorneys,  acts  relating  to 59,  82 

Docks,  regu  lated 2 

act  preventing  obstructions  of 18 

Dogs,  act  laying  tax  on 11 

Drains,  (see  Mayor,  Aldermen,  d^c.  powers  of.) 

E 

Eagle  Fire  Company  of  New-York,  acts  incorporatinfj 54,  6G,  69 

Eagle  Manufacturing  Company 69 

Eastern  Dispensary  of  the  city  of  New- York 101 

Elections,  acts  regulating 14,  29,  33,  Gi),  79,  80,  82 

of  charier  officers,  acts  respecting 10,  14,  45,  47 

time  of GG,  80 

canvass  extended 85 

Eliza  Hatfield,  aet  for  relief  of 71 

JEi.ua.  Fire  Insurance  Company 84 

Excise,  acts  laying  a  duty  df,  on  strong  liquors 16,  36,  58 

acts  respecting  commissidners  of 19,  49,  72 

Extravagant  grants  of  land,  ad  vacating 2 

Eye  Infirmary,  act  for  the  relief  of 85 


Fairs  and  markets,  act  rcirulating  them 2 

False  pretences,  act  punishing  persons  guilty  of 7 

Farmers'  Fire  Insurance  and  Loan  Company,  acts  incorporating 78,  80 

Female  Association  of  the  city  of  New- York G'2,  74 

Fences,  acts  regulating  of 5,  34 

Ferriage,  acts  res[)ecting  rates  of 18,  35,  53,  57 

Firearms,  act  to  prevent  hunting  with  firearms  in  the  city 8 

Fire  limits " 19 

Firemen,  act  for  the  a[)[)ointment  of 4,  8,   19 

act  to  incorporate  tiie 27,  52,  66 

Firemen's  Insurance  Coiniiiiny 89 

Fires,  act  for  extinguishing  of 4 

the  prevention  of 7,  8,  9,  11,  14,  19,  21,  23,  26,  31,  56 

Fish,  acts  in  relation  to  inspection  of 46,  48,  61 

Fishing  in  Hudsons  river,  act  relating  to 45,  .50 

First  Presbyterian  Church,  act  in  relation  to 52 


vi  INDEX. 

First  Protestant  Episcopal  Charity  School,  acts  incorporating,  &.C 43,  46 

Flax  and  Flaxseed,  acts  for  inspection  of,  &c 10,  16,  33,  79,  88 

Flour  and  meal,  acts  to  prevent  exportation  of  unmerchantable 9,  12,  13,  16 

act  regulating  branding  of 9 

acts  respecting  inspection  of 30,  32,  36,  47,  50,  61,  79,  94 

Flour  casks,  acts  regulating  tareing  of 12,  13,  16,  32 

Frankfort-street,  act  respecting  . . ; 20 

Franklin  Bank,  act  incorporating ^ 73 

Fire  Insurance  Company,  acts  incorporating 71,  73 

Manufacturing  Company,  act  incorporating 86 

Free  School  of  St.  Peter's  Church  in  the  city  of  Nev/-York,  act  incorporating 43 

French  Protestant  Church,  act  for  their  relief 3 

Benevolent  Society,  act  incorporating ,..,, 75 

Friendly  Society  of  the  town  of  HarlEem 50,  51 

Fulton  Bank 95 

Fire  Insurance  Company 74,  77 

Steamboat  Company,  act  incorporatijag 68 

Fur  Company  of  the  city  of  New- York  95 

G 

Game,  act  for  preservation  of , 18 

Gaol,  acts  concerning 27,  34,  51 ,  59 

Gaoler,  act  concerning.... 44 

Gas  Light  Company,  act  ineorporating , 

General  Theological  Seminary  of  the  Protestant  Church,  &c 79 

George's  Church,  St.,  act  enabling  them  to  hold  real  estate 58 

German  Lutheran  Church,  act  in  relation  to 41 

Reformed  Church,  acts  relating  to 63,  80 

Society,  acts  incorporating 41,  88 

Good  Hope  Insurance  Company  of  the  city  of  New- York 101 

Government-house,  act  authorizing  sale  of 56 

Governor's  Island,  act  authorizing  buildings  thereon  for  hospital 20 

Grace  Church,  acts  in  relation  to 52,  64 

Great  Barn  Island,  act  respecting 51 

Greenwich  Fire  Insurance  Company 84 

Guagersand  insj)ectors  of  fish  oil,  act  respecting 71 

Gunpowder,  act  to  prevent  lodging  of,  indwellings,  &c : 11 

in  certain  parts  of  the  city 17 

H 

Habeas  corpus,  act  securing  benefit  of 34 

Hannah  Shipley,  act  for  relief  of. 41 

Harbour  Masters,  acts  directing  appointment  of 23 

acts  relative  to 35,  38,  47,  93 

Harlsem,  acts  regulating  division  between,  andNew-Yo'rk 10,  12 

Canal  Company 93,  95,  97,  99 

River,  acts  authorizing  bridge  to  be  built  over 11^  21,  45 

dam        do.        do 64 

School,  act  to  incorporate  the  Trustees  of. 93 

Harman-street,  act  relative  to .- _     75 

Havi'kcrs  and  Pedlers,  acts  restraining 4^  13 

Health  Commissioners,  act  relating  to 72 

of  the  city,  acts  providing  for 26   41    43   44 

Heath  Hens,  &c.acts  respecting Ig^  72 

Hibernian  Provident  Society,  acts  incorporating 46*  79 

Universal  Benevolent  Society,  act  incorporating 96 

High  School  of  New- York,  acts  incorporating,  &c 86    89 

Hope  Insurance  Company,  act  for  the  relief  of '  91 

Hops,  inspection  of. 74 

Horse  racing,  act  preventing 58 

Hospital,  acts  for  the  support  of 10,  20,  21,  30,  33,  41,  43, "53," 69,  95 

act  for  the  erection  of  a  fever *. gl 

Howard  Insurance  Company,  act  incorporating '     86 

Hudson  Insurance  Comj>any,  act  incorporating 8^ 

Humane  Society,  act  incorporating ]      63 


Idle  persons,  act  in  relation  to » 6 

Incorporated  Companies,  acts  providing  for  dissolution  of .70   77 


INDEX.  vii 

Incorporated  Companies,  act  for  relief  of  certain 86 

Infectious  and  pestilential  diseases,  acts  to  prevent  bringing  and  spreading,  .7,  13,  20, 

23,  24,  25,  27,  28,  32,  35,  40,  62,  77,  81 

Insolvency,  acts  giving  relief  in 36,  41,  59 

Inspectors  of  elections,  acts  relating  to 14,  29,  44 

Intercourse  with  New-York,  acts  relating  to 70,  73 

Islands  in  the  harbour  of  New- York,  act  ceding  them  to  United  States 30 

J 

Jabez  Johnson,  act  for  relief  of 28 

Jackson  Marine  Insurance  Company,  acts  incorporating,  &c 99,  101 

Jacobus  Kip,  act  in  relation  to  release  of 12 

Jefferson  Insurance  Company,  acts  to  incorporate,  &c 83,  95 

John-street,  act  for  improving 20 

Jones,  William,  heirs  of,  act  for  relief  of r 97 

Joseph  Watkins,  act  for  relief  of. 75 

Jurors,  acts  respecting 33,  58,  87,  92,  94 

selecting  of  grand 94 

struck,  act  allowing  compensation  to 24 

Justices,  Assistant 48,  78,  94 

of  the  Peace,  acts  in  relation  to 14,  44,  46,  61,  73 

K 

Kingsbridge,  acts  for  mending  and  keeping  in  repair  the  po8t  road  to 3,     4 

Knockers,  penalty  for  breaking 10,  15 

L 

La  Fayette  Insurance  Company,  acts  incorporating,  &c 87,  90 

Lamps,  acts  to  prevent  breaking  of 6,  11,  15 

Land,  extravagant  grants  of,  vacated 2 

Lands  and  tenements,  act  in  relation  to  sale  of 98 

ceded  to  the  United  States 45,  48,  55 

corporation  to  dispose  of  certain. , 53 

L'Anglois,  act  for  relief  of 98 

Lazaretto,  acts  authorizing  erecting  of,  on  Nutlen  Island 23,  25 

Leake  and  Watts  Orphan  House  in  the  city  of  New-York 98 

Leaf  Tobacco,  act  for  inspection  o:' 95 

Leather,  Sole,  acts  for  inspection  of 10,  12,  61,  83,  86,  91 

Liquor,  acts  laying  duty  on 16,  36,  58 

act  respecting  immoderate  use  of,  in  gaols 18 

Literary  and  Philosophical  Society,  act  incorporating 64 

Literature,  acts  for  encouragement  of « 35^  38 

Livingston,  Philip  P.  act  to  confirm  a  lot  of  ground  to 81 

Loan  offices,  act  relating  to 80 

Lombardy  Association,  act  incorporating 84 

Longbotham,  Harvey,  act  to  change  name  of 99 

Lots  of  ground,  act  empowering  corporation  to  purchase  certain 32 

for  sale  of 52 

the  partition  of  certain 49 

vesting  title  in  Edward  Thorn 100 

Elizabeth  Idley 100 

Lotteries,  act  authorizing  Beard  of  Health  to  raise  moneys  by 65 

in  restraint  of ". 94 

acts  to  enable  the  Mayor,  &c.  to  raise  moneys  by 22,  32 

for  promotion  of  literature 64,  75 

managers  of,  act  relative  to 63,  76 

Lumber,  acts  regulating  exportation  of 16,  18 

inspection  of 33,  42,  45,'  89 

Lyceum  of  Natural  History,  act  incorporating : 72 

M 

Madison  Marine  Insurance  Company,  acts  incorporating 87,  91 

Manhattan  Fire  Insurance  Company,  do,  '  77 

Gas  Light  Company,  do.  98 

Provident  Society,  do.  51 

Manhattanville  Free  School,  do. 93 

M'Cormick,  Daniel,  act  respecting 56 

Marine  Court,  act  relating  to ....'  40 

Hospital,  acts  for  erection  of 28,  42,  64,  95 


viii  INDEX. 

Marine  Insurance  Company,  aqts  incorporating,  (tc 37,  43,  64,  97 

Society,  act  changing  name  of, 14 

Market?,  act  regulating  2 

Marshals  and  Constables,,  act  in  relation  to,  not  paying  over  moneys,  &c- 6 

Masonic  Lodges,  act  authorizing  them  to  hold  real  estate 88 

Masters  and  Examiners  in  Chancery 97 

Wardens,  actsfor  the  appointment  of,  &c.\ 38,  43^ 

of  vessels,  penalty  for  bringing  in  and  not  reporting  passengers 7 

Mayor,  Aldermen,  <fcc.  acts  investing  them  with  certain  powers 29,  32,  44 

forreliefof 33,  39,  47,  51,  57,  93 

Meadows,  acts  respecting  the  filling  in  and  raising  of. 20,  58 

Measure,  acts  in  relation  to  a  standard  of 49,  50 

Mechanic  Fire  Insurance  Company,  74,  95 

Mercantile  Insurance  Company,  act  incorporating 71 

Merchandise,  act  imposing  a  duty  upon 2 

acts  regulating  the  selling  of. 4,     5 

Merchants'  Exchange  Company,  act  to  incorporate 80 

Fire  Insurance  Company 79 

Methodist  Episcopal  Church,  acts  in  relation  to 26,  96 

Militia,  acts  in  relation  to 13,  29,  51,  72,  75,  82,  85,  89 

Minister  and  poor's  tax,  acts  regulating 3,   11 

Ministry,  acts  raising  a  maintenance  for,  &c 2,  3,     9 

Mohawk  Insurance  Company,  act  incorporating 84 

Montgomcre  Ward,  act  ascertaining  division  line  of 11 

Mutual  Aid  Society,  act  incorporating  46 

Benefit  Society,  acts  incorporating 41,  49,  100 

Insurance  Company,  act  incorporating  68 

Relief  Society,  do.  50 

N 

National  Academy  of  Design,  act  incorporating 95 

Insurance  Comjiany,  acts  incorporating,  &c 67,  68,  97 

Neptune  Bell  Insurance  Company 102 

Insurance  Company,  acts  incorporating,  &c 87,  99 

New- York  African  Clarkson  Association,  act  incorporating 97 

Society  for  Mutual  Rehef,       do.  52 

and  Albany  Rail  Road  Company         do.  101 

and  Boston  Steam-boat  Company        do.  96 

and  Brooklyn  Railway  and  Dock  Company,  act  incorporating 95 

and  Erie  Rail  Road,  do. 101 

and  Harlasm  Rail  Road  Company,  acts  incorporating,  &c 99,  100 

and  Harlfem  Spring  Water  Company,  act  incorporating 92 

and  Schuylkill  Coal  Company,  do.  82 

and  Sharon  Canal  Company,  do.  22 

Athenseum,  do.  91 

Atlantic  Insurance  Company,  do.  83 

Baptist  Missionary  Society,  do.  50 

Beneficial  Society,  do.  95 

Benevolent  Society,  do. 72 

Carpenters' Architectural  and  Benevolent  Association 90 

Chemical  Manufacturing  Company,  acts  incorporating,  &c 81,  84 

City,  division  line  between,  and  Harlsem,  established 10 

port  of,  acts  respecting 23,  31,  73 

rights  of,  confirmed 2^    4 

Coal  Company,  acts  incorporating,  &c 64,  101 

Contributionship  for  Insurance,  do 79,  84 

Crown  and  Cylinder  Glass  Manufacturing  Company 89,  90 

Dry  Dock  Company,  acts  incorporating,  &c ......89,  90,  97,  99 

Dying  and  Printing  Establishment,  act  incorporating 83 

Equitable  Insurance  Company,  acts  to  incorporate,  &c 82,  92 

Evangelical  Missionary  Society,  act  incorporating. 75 

Eye  Infirmary,  do. ,     79 

Female  Assistant  Society,  do.  70 

Female  Asylum  Society  for  Lying-in  Women,  do 92 

Fire  Insurance  Company,  act  incorporating 101 

Firemen  Insurance  Company,  acts  to  incorporate,  &c 71,  77 

Historical  Society,  do.  50,90 

Horticultural  Society,  act  incorporating 78 

Hydraulic  Company,  do.  100 


INDEX.  Xi* 

Nfexv- York  Insurance  Company ,  acts  incorporating,  &c 28,  32,  49,  71 

Laboratory  Company,  act  incorporating 87 

La  Fayette  Insurance  Company,  do 88 

Law  Institute,  do • 93 

Life  Insurance  and  Trust  Company,  act  incorporating  98 

Loan  Company,  do.  88 

Manufacturinor  Company,  do.  69 

Manumission  Society 47 

Marble  Cemetery,  act  incorporating  103 

Marble  Company,  do.  58 

Masons'  Society,  do.  45 

Mechanic  and  Scientific  Institution,  act  incorporating 7Sf 

Mechanic  Life  Insurance  and  Coal  Company,  acts  incorporating,  &C...78,  83 

Missionary  Society,  acts  incorporating,  &c 49,  53 

Mount  Hope  Company,  act  incorporating 89 

Manufacturing  Society,  do.  18 

Nautical  Institution,  do.  77 

Neptune  Company,  do.  ..  93 

Patent  Oil  Company,  do.  y     65 

Slate  Company,  acts  incorporating,  SiC 53,  87 

Society  Library,  act  in  relation  to 73 

*       Society  of  Journeymen  Shipwrights,  act  incorporating 46 

Society  of  St.  John,  act  relative  to 69 

South  American  Steam-boat  Association,  act  incorporating 94 

State  Agricultural  Society,  do.  103 

State  Marine  Insurance  Company,  acts  incorporating,  &c 87,  100 

Sugar  Refining  Company,  do.  54,98 

Typographical  Society,  do  71,  lOl 

Union  African  Society,  act  incorporating 98 

Water  Works  Company,       do.  86 

Whaling  Company,  do.  99 

Niagara  Insurance  Company,  do.  85 

River  Hydrauhc  Company,         do.  100 

North  American  Coal  Company,  acts  incorporating,  &c 64,  101 

Insurance  Company,     do.  91^93 

Mining  Company,  act  incorporating 100 

Northern  Dispensary,  act  to  incorporate  the  contributors  to 96 

North  River  Insurance  Company,  act  incorporating 78 

Steam-boat  Company,         do. 76 

North  Western  Insurance  Company,      do.  103 

Nuisances,  act  empowering  the  Corporation  to  remove 9 

O 

Ocean  Steam  Ship  Company,  act  incorporating 74 

Ordnance,  act  directing  purchase  of. 49 

Orphan  Asylum  Society,  acts  incorporating,  &c 46,  51,  54,  96,  97,  lOl 

P 

Pacific  Insurance  Company,  acts  incorporating,  &c 67,  68,  93 

Paints,  act  to  incorporate  a  Company  for  manufacturing  of 51 

Palladium  Fire  Insurance  Company,  act  incorporating * 101 

Parade,  act  relating  to 65 

Payment  of  officers  of  government,  acts  in  relation  to 42,  55,  66,  80,  82,  85,  98 

Pedlers,  acts  restraining 4 

Petty  offences,  acts  in  relation  to 5,  12 

Phoenix  Fire  Insurance  Company, acts  incorporating,  &c , 81,   100 

Insurance  Company,  do.  45,  55,  64,  6i^ 

Piers,  act  relating  to .     28 

Pilots,  acts  regulating,  &c... 4,  7,  13,  20,  24,  27,  31*,  42,  43,  47,  56,  61,  6i"i%'e8,  70 

Police  Office,  acts  establishing  and  amending 27,  34,  55,  57 

Poor,  acts  respecting  settlement  of 16,  36,  30,  %,  41,  49,  51,  59 

tax,  acts  regulating 2,  3,  9,  11 

Post  Road,  acts  to  re  pair , ',3'    4 

Pot  and  Pearl  Ashes,  acts  concerning  inspection  of S6«  ^,  61,  79,  88,'  94 

to  prevent  adulteration  of 8,  12,  18 

Powder  magazine,  acts  to  erect 45^  47 

Presbyterian  Church,  authorized  to  hold  renl  estate 20,  66,  71,'  94 

Prisoners,  act  for  confinement  of,  until  the  state  prison  shall  be  finished 26 

Prison,  for  solitary  confinement,  act  authorizing  the  erection  of. 38 

Prisons,  public,  and  jail,  act  relative  to SS 

B 


I  INDEX. 

Protection  Fire  Insurance  Company,  net  incorporating 84 

Protestant  Episcopul  Church,  act  for  reliefof. 21 

Protests  and  service  of  notices  82,  89 

Provident  Society,  act  incorporating 41 

Public  Roads,  acts  regulating  of ....3,  4,    8 

Pumps,  acts  for  iieeping  in  re[)air  6,  8,9,  14 

Overseers  of,  to  be  appointed .\ 15 

Pure  and  wholesome  water,  acts  for  supplying  the  city  with • 29,  48 

R 

Readc,  Charles,  act  for  reliefof ' 75 

Recording  dt-eds,  act  directing , • 54 

Records,  acts  for  the  preservation  of 56,  6Q 

Reformed  Protestant  Dutch  Church,  acts  allowing  them  to  hold  real  estate.. 21,  30,  73,  74 

Regents  of  the  University,  act  respecting 19 

Register's  office,  act  establishing > 56 

Reid,  Jane,  act  for  relief  of, 91 

Removal  of  ac''ons  from  Mayor's  Court,  &c.  act  in  relation  to 3 

Roads,  act  respecting  the  King's  highway  to  Breuckland 3 

to  Bloomingdale 6 

Public,  acts  respecting 8,  11,  15,  46 

Roman  Catholics'  Benevolent  Society,'  acts  incorporating,  &c 70,  76 

Roosevelt-street,  act  respecting 20 


Schermerhorn,  Peter,  act  in  relief  of  the  Executors  of 90 

Schools,  acts  for  the  encouragement  of.  .22,  25,  37.  42,  43,  44,  45,  46.  49,  50,  52, 

53,  54,  55,  62,  70,  74,  77,  80,  85,  90,  94,  97 

Screw  Dock  Company,  act  incorporating 96 

Seamen's  Bank  of  Savings,  act  for  reliefof 102 

Second  Baptist  Church,  act  respecting 37 

Senatorial  Districts,  act  relating  to 67 

Servants,  act  concerning 16 

Settlement  of  the  Poor,  acts  respecting 16,  36 

Sheriff,  acts  concerning 26,  33,  44,  59,  93 

Ships  and  Vessels,  acts  respecting  the  wharfage  and  cranage  of 9,  10. 

Slate  Company,  act  of  incorporation ., 52 

Slaves,  act  to  prevent  and  punish  insurrection,  &c.  of 4 

Slips,  acts  regulating    15,  35 

Society  for  Promoting  the  Gospel  among  Seamen,  act  incorporating 75^ 

the  Education  of  Poor  Children,  &c.  do.  99 

Ma  imn\ission  of  Slaves,  do.  47 

Reliefof  Poor  Widows  with  Small  Children,  acts  incorporating.. 38,  52,  89 

Library,  acts  respecting  the  charter  of 17,  37 

of  Mechanics  and  Tradesmen,  acts  incorporating,  &c 19,  77 

Roman  Catholics  belonging  to  the  Congregation  of  St.  Patrick's  Cathedral     70 

St.  Peter's  Church. ...     70 

Tammany,  act  incorporating 42 

Teachers  of  the  city  of  New- York,  acts  incorporating 55,  73 

the  Economical  School,  act  incorporating 52 

Friendly  Sonsof  St.  Patrick,  do 92 

Lying-in  Hospital,  do 

Spirituous  Liquors,  act  to  restrain  the  use  of,  in  gaols,  &c IS 

State,  act  to  divide  it  into  Counties 35 

Prison  Guard,  act  respecting 38 

Prisons,  act  for  erecting  of. 23 

acts  concerning ....27,  28,  36,  56,  76,  77,  78,  80,  85,  90,  91 

Staves  ar.d  Heading,  acts  respecting  culling  of 16,  32,  61,  70,  81 

St.  Andrews  Society  of  the  State  of  New-York,  act  incorporating 91 

Domingo  Refugees,  act  in  relation  to 24 

Mary's  Church,  acts  in  relation  to  .  98,  102 

Patrick's  Church,  act  relating  to 70 

Friendly  Society,  act  incorporating. , 95 

Peter's  Church,  acts  relating  to 68,  70,  7S 

Stephen's  Church,     do. 65,81,  94 

Steam  Saw  Mill  Association,  act  incorporating 87 

Streets,  acts  regulating  of. 2,  15,  28,  35,  46,  51,  54,  56,  65»  81 

Sulphur,  oct  respecting 21 

l^ua  Fire  Insurance  Company,  acts  incorporating^  t^^c ..,84,  97 


INDEX.  jI 

Sopervisors,  act  appointing  the  Mayor,  Aldermen,  &.c 15 

Supreme  Court,  terms  of,  in  New- York,  acts  in  relation  to 13,  24,  29,  32,  38,  54,  66 

Swine,  act  to  prevent  running  at  large 4 


Taxes  and  Assessments,  collection  of,  for  various  objects 6,  8,  9,  11,  12,  15,  17, 

19,  20,  21,  23,  25.  27,  30,  37,  39,  40,  42,  43,  45,  47,  48,  50,  53.  54, 

56,  62,  67,  68,  70,  74,  78,  81,  82,  84,  89,  90,  93,  97,  98,  100 

Taxes,  acts  compelling  inhabitants  to  make  good  their  quotas  of 3,     5 

Minister  and  Poor's,  acts  regulating 3,  10,   11 

on  Slaves 4 

Thistle  Society,  act  incorporating 50 

Thorn,  William  Jauncy  and  James  Jauncy,  act  to  change  their  name 96,  97 

Towns,  act  dividing  Counties  into 17 

privileges  of 34,  50 

Traders' Insurance  Company,  act  incorporating 86 

Tradesmen's  Insurance  Company,    do.  86 

Trinity  Church,  acts  in  relation  to 3,  17,  63,  76 


Union  Insurance  Company,  act  incorporating 71 

United  Benevolent  Society  of  Tailors,  act  incorporating 75 

German  Lutheran  Chnrches,  do.  72 

Insurance  Company,  acts  incorporating,  &c 41,  66 

States  Fire  Insurance  Company,  act  incorporating 84 

Insurance  Company  of  the  city  of  New-York,  act  incorporating 27 

University,  act  relating  to  60 


Vagrants,  act  in  relation  to 6 

Verplank,  Daniel  C,  act  for  relief  of 93 

Vessels,  acts  concerning,  (vide  Wharfage  and  Infectiovs  Diseases) 69 

Vestrymen,  choosing  of,  acts  in  relation  to ft,  9 

W 

Wardens,  acts  establishing  Board  of ! , 55,  56 

Wards,  acts  for  altering  and  increasing  the  number  of 11,  18,  39,  47,  88 

Washington  Insurance  Company,  acts  incorporating,  &c 63,  68 

Mutual  Insurance  Company,  act  incorporating 38 

Waters,  act  relative  to  jurisdiction  of,  in  Bay  of  New- York 53 

Weighmasters,  act  relating  to 36 

Weiwhts  and  Measures,  acts  in  relation  to 59,  77 

Wells  and  Pumps,  to  be  kept  in  repair,  &c 5,  6,  8,  9,  14 

Weeieyan  Seminary,  act  incorporating , 75 

Wharfage,  acts  regulating 5,  9,  10,  21 

at  the  three  wharves 5 

Wharves  and  Slips,  acts  regulating 2,  15,  18,  28,  35 

Wiliiamsbur^h  Ferry  Company,  act  incorporating 85 

Wooden  Buildings,  act  authorizing  erection  of 8 

Worship,  place  of,  at  the  Quarantine-ground,  acts  relative  to 74,  76 


York  and  Jersey  Steam-boat  Ferry  Company,  act  incorporating 60 

Yorkville  School,  act  incorporating 98 

Young  Men's  Missionary  Society,  act  incorporating 71 


TITLE   OF   ACTS 


RELATING   TO  THE   CITY  OF  NEW-YORK; 


[The  following  List  of  Acts  relating  to  the  City  of  New-Yoek  has 
been  made  with  no  little  lime  and  labour,  to  facilitate  the  investigations 
of  gentlemen  who  have  occasion  to  refer  to  them.  These  public  acts 
are  obsolete  or  repealed ;  but  they,  nevertheless,  have  an  important 
bearing  upon  the  jurisprudence  of  our  city  :  we  refer  to  the  law  as  it 
was  to  obtain  a  knowledge  of  what  it  is.  These  acts  have  also  an  im- 
portant connection  with  titles  and  rights  to  property,  which  have  been 
acquired  and  are  now  held  under  them.  They  also  exhibit  a  connec- 
ted viEw^  of  city  legislation,  from  the  earhest  period.  The  private  acts 
also  are  important,  as  many  titles  in  the  city  depend  upon  them  ;  and 
reference,  therefore,  to  those  acts  is  frequently  made.  There  is  a  pro- 
vision in  our  statute  book  (2  vol.  Rev.  Stat.  p.  779,  §  4,  App.)  which 
declares,  that  "  No  statute,  passed  by  the  government  of  the  late 
colony  of  New- York,  shall  be  considered  as  a  law  of  this  state." — 
Nevertheless,  for  the  reasons  before  given,  many  of  the  acts  of  the 
provincial  assembly  have  been  introduced — those  only  which  appeared 
to  be  of  sufficient  importance  to  merit  an  insertion,  or  where  still  sup- 
posed to  influence,  more  or  less,  some  title  or  right  still  existing. 

The  title  of  acts  relating  to  the  city,  passed  since  the  organization  of 
our  government,  it  will  be  perceived,  are  introduced  ;  and,  in  many 
cases,  with  remarks,  which,  it  is  hoped,  will  further  facilitate  the  ex- 
aminations  of  gentlemen  in  relation  to  them.  These  acts  are  scattered 
through  a  great  number  of  books,  many  of  them  scarcely  accessible  to 
many  members  of  the  bar.  They  have  been  collected  here  in  a  body, 
and  indexed.  By  a  reference  to  the  index,  the  subject  matter  of  the 
title  of  the  act  will  be  seen.  The  index  refers  to  the  page  in  this  list, 
where  the  whole  titles  with  a  reference  to  the  book  containing  the  art 
itself^  may  without  difficulty  be  found.] 

1 


TITLE    OF    jk^TS. 

An  Act  for  settling,  quieting,  and  confirming  unto  the  Cities,, 
Towns,  Manors,  and  Freeholders,  within  this  Province,  their  several 
grants,  patents,  and  rights,  respectively;  {)assed  April,  1691 — Smith 
^  Livingston f  vol.  1,  p.  2.     Br.  1. 

Vide  acts  of  assembly  passed  in  the  province  of  New- York  from  1651  to  171 8 — 
London,  printed  by  John  Baskett,  1719.  It  does  not  appear  that  this  book  has  been 
cited  in  any  le<^al  work  with  which  we  are  acquainted. 

An  Act  for  regulating  the  Buildings,  Streets,  Lanes,  Wharves^ 
Docks,  and  Alleys  of  the  City  of  New-York;  passed  October  1, 
1691— S.  &  L.  8.     Br.  12. 

The  corporation  are,  by  this  act,  authorized  to  appoint  surveyors  or  supervisors 
of  buildings,  &;c.  and  their  powers  and  duties  are  detailed. 

An  Act  for  settling  Fairs  and  Markets,  in  each  respective  City  and 
County  throughout  the  Province;  passed  November  11,  1692 — S^ 
&iL.  11.     Br.  17. 

By  this  act  it  is  declared,  there  shall  be  kept  yearly,  for  the  city  and  county  of 
New-York,  two  fairs  at  the  city  of  New- York  :  the  first  fair  annually  to  commence 
the  last  Tuesday  of  April  in  every  year,  and  to  end  on  the  Friday  next  following-, 
being  in  all  four  days,  inclusive,  and  no  longer;  and  the  second  fair  to  commence 
the  first  Tuesday  of  November  in  every  year,  nnd  to  end  on  the  Friday  next  fol- 
lowing, being  in  all  four  days,  inclusive.  And  the  fair  to  be  holden,  together  with 
a  court  of  py-powder,  after  the  manner  of  the  realm  of  England. 

An  Act  establishing  certain  Rates  upon  such  Goods  and  Merchan- 
dise as  shall  be  brought  unto  their  Majesties'  Beam,  in  the  weigh- 
house  at  New- Fork;  passed  April  10,  1693— S.  &  L.  16,  17. 

An  Act  for  settling  a  Ministry,  and  raising  a  maintenance  for  them, 
in  the  City  of  New-York,  County  of  Richmond,  Westchester  and 
Queens  County  ;  passed  September  22, 1693 — S.  &  L.  18.     Br. 23. 

By  this  act  every  city  and  county  is  required  to  call  and  induct  a  protestant  mi- 
nister, and  to  raise  a  sum  for  their  support;  and  the  freeholders  of  every  city  and 
county  are  required  to  choose  ten  vestrymen  and  two  church  wardens.  The  jus- 
tices and  vestrymen  are  empowered  to  lay  a  tax  upon  the  cities,  counties,  parish 
or  precincts,  for  the  maintenance  of  the  minister  and  the  poor  of  their  respective 
places. 

An  Act  against  unlawful  By-laws  and  unreasonable  forfeitures  ; 
passed  October,  1695— S.  U  L.  23.     Br.  25. 

This  act  declares  certain  by-laws  of  the  city  of  New-York  void,  in  relation  to  the 
prohibition  of  the  importation  of  flour  in  New- York. 

An  Act  for  the  vacating,  breaking,  and  annulling  several  extrava- 
gant Grants  of  Land,  made  by  Colonel  Fletcher,  the  late  Governor 
of  this  Province,  under  his  Majesty ;  pa&sed  May  12,  1699 — S.  &^ 
L.  31,33.     Br.  36. 

This-act  recites  the  extravagant  grants:  among  them,  a  grant  to  John  Evans,, 
of  a  swamp  and  fresh  pond  ;  the  king's  farm,  to  the  church-wardens,  and  vestry- 
men of  Trinity  church  ;  the  king's  garden,  to  col,  Healhcotc,  &.c. 


TITLE  OF  ACTS.  3 

An  Act  to  enable  the  Ministers  and  Elders  for  the  tirae  being,  of 
xhe  French  Protestant  Church  in  the  City  of  New- York,  to  build  a 
larger  Church  for  the  worship  of  Almighty  God,  in  that  Congrega- 
tion, to  hold  to  them  and  their  successors  for  ever;  passed  June  19, 
1703— S.  &iL.  52. 

The  act  enables  the  ministers  and  elders  of  the  French  Church  to  sell  their 
church  and  lot  of  ground  in  Petticoat-lane,  and  to  buy  a  larger  piece  of  ground 
to  build  a  church. 

An  Act  for  granting  sundry  privileges  and  powers  to  the  Rectors 
and  Inhabitants  of  the  City  of  New-York  of  the  Communion  of  the 
Church  of  England,  as  by  law  established  ;  passed  June  27,  1704 
—S.  &i  L.  60. 

The  act  incorporates  Trinity  Church. 

An  Act  for  the  better  explaining,  and  more  efiectual  putting  in 
execution,  an  act  of  General  Assembly,  entitled  "  An  Act  for  sett- 
ling a  ministry  and  raising  a  maintenance  for  them,  in  the  City  of 
New- York,  County  of  Richmond,  Westchester,  and  Queens  Coun- 
4y ;"  passed  August  4,  1705 — S.  &  L.  64. 

By  this  act  if  the  vestrymen  and  justices  neglect  to  lay  a  tax  in  their  res- 
pective counties  and  parishes  within  ten  days  after  tlicy  are  chosen,  the  justices 
are  empowered  to  lay  it. 

An  Act  to  prevent  the  removal  of  actions  of  twenty  pounds  from 
tlie  Mayor's  Court  of  New- York  and  other  Courts ;  passed  October 
11,  1709— S.  &t  L.  79. 

By  an  act  passed  November  29,  1  745.  Vide  post  p.  4.  It  is  enacted  that  all 
actions  under  twenty  pounds  shall  be  commenced  in  the  Inferior  Courts,  and 
shall  not  be  removed  into  the  Supreme  Court  under  a  penalty. 

An  Act  for  mending  and  keeping  in  repair  the  Post  Road  from 
New- York  to  King's  Bridge;  passed  1713 — Br.  86. 

An  Act  to  oblige  the  inhabitants  of  each  particular  Ward  within 
the  City  of  New-York,  to  make  good  their  respective  quotas  of  all 
public  taxes  ;  passed  July  21,  1715— S.  &  L.  102,  117. 

The  respective  wards  of  the  city  made  responsible  for  the  defalcation  of 
collectors,  &c. 

An  Act  for  the  more  equal  and  impartial  assessing  the  minister 
and  poors  tax,  to  be  raised  within  the  City  and  County  of  New-York, 
Queens  County,  Westchester  County,  and  the  County  of  Richmond; 
passed  July  27,  1721— V.  S.  125.  S.  &  L.  146. 

An  Act  to  continue  the  Road,  or  Kings  Highway  from  the  Tovs^n 
of  Breuckland,  on  the  Island  of  Nassau,  in  the  province  of  New- 
York  ;  passed  Jidy  27,  1721— S.  h  L.  147. 

An  Act  for  the  effectual  recovery  of  the  arrears  of  the  several 
taxes  and  of  the  excise  therein  mentioned ;  and  for  securing   the 


^  TITLE  OF  ACTS. 

duties  on  slaves  not  imported  in  the  City  of  New-York,  and  for 
empowering  the  Treasurer  for  these  purposes ;  passed  July  12,  1729 
— S.  &i  L.  184. 

An  Act  to  prevent  swine  running  at  large  in  the  City  and  County 
of  New-York,  the  County  of  Westchester,  Queens  County,  Kings 
County,  and  Richmond  County;  passed  October  1730 — S.  ^  L. 
186. 

This  act  repeals  aU  other  acts  relating  to  swine  ;  and  directs  that  no  swine 
shall  run  at  large  in  the  city  of  New- York  except  on  land  belonging  to  owner, 
and  empowers  freeholders  to  impound  and  sell  at  public  vendue  swine  running 
at  large. 

An  Act  for  the  more  effectual  preventing  and  punishing  the 
conspiracy  and  insurrection  of  negroes  and  other  slaves  ;  for  the 
better  regulating  them,  and  repealing  the  acts  therein  mentioned, 
relating  thereto  ;  passed  October  29,  1730 — S.  Si  L.  193. 

This  act  provides  for  the  payment  of  the  charges  for  the  trial  and  execution 
of  slaves  in  the  city  of  New-York,  and  repeals  former  acts  upon  this  subject. 

An  Act  to  provide  able  Pilots,  and  to  establish  their  Pilotage 
between  Sandy  Hook  and  the  Port  of  New- York ;  passed  Septem- 
ber 29,  1731— S.  k,  L.  200. 

An  Act  confirming  unto  the  City  of  New-York  its  rights  and 
privileges;  passed  October  14,  1732— V.  S.  170. 

An  Act  for  the  better  extinguishment  of  Fires  that  may  happen 
in  the  City  of  New- York ;  passed  December  l6,  1737 — S.  &  L. 
263. 

By  this  act  the  corporation  are  authorized  to  elect  and  appoint  forty-two 
firemen. 

An  Act  to  restrain  Hawkers  and  Pedlers  withhi  the  Colony  from 
selling  without  License  ;  passed  November  17,  1739 — S.  &i  L.  276. 

This  act  prohibits  hawking  in  the  city  of  New- York,  and  requires  pedlers 
and  hawkers  to  be  licensed  by  the  treasurer. 

An  Act  for  mending  and  keeping  in  repair  the  Post  Road  from 
New-York  to  King's  Bridge;  passed  November  7,  1741 — S.  &  L. 
293, 

An  Act  to  oblige  all  persons  that  shall  come  to  inhabit  or  reside 
in  the  City  of  New- York,  in  order  to  expose  any  goods,  wares,  or 
merchandize  to  sale,  at  any  time  after  the  annual  assessment  made 
for  the  tax  for  the  maintenance  of  the  minister  and  poor  of  the  said 
city,  to  pay  their  due  proportion  towards  the  same  ;  passed  Novem- 
ber 27,  1741— V.  S.  214. 

This  act  authorizes  the  vestrymen  to  assess  strangers  coming  in  the  city,  and 
to  deliver  the  names  to  the  constables,  who  are  required  to  collect  the  tax. 


TITLE  OF  ACTS.  5 

An  Act  for  mending  and  keeping  in  repair  the  Public  Wells  and 
Pumps  in  the  City  of  New-York  ;  passed  November  27,  1741 — 
S.  &.  L.  297.  V.  S.  216. 

An  Act  for  explaining  and  rendering  more  efiectual,  an  act  of  the 
Governor,  Council,  and  the  General  Assembly,  entitled  an  act  to 
oblige  the  inhabitants  of  each  particular  ward  within  the  City  of 
New-York,  to  make  good  their  respective  quotas  of  all  public  taxes  ; 
passed  April  30,  1743— V.  S.  226. 

By  this  act  the  collectors  and  constables  converting  the  taxes  to  his  or  their 
own  use,  the  justices  or  vestry  are  authorized  to  add  to  the  succeeding  tax  the 
former  deficiency  of  ihe  ward,  to  be  collected  therewith  and  to  be  paid  as  the 
original  tax. 

An  Act  to  empower  the  sworn  re-packers  of  the  City  of  New- 
York  for  the  time  being,  to  re-pack  and  brand  half  barrels  of  beef 
and  pork  ;  passed  May  19,  1744— V.  S.  238. 

An  Act  for  the  speedy  punishing  and  releasing  such  persons  from 
imprisonment,  as  shall  commit  any  criminal  offences  in  the  city  and 
County  of  New- York,  under  the  degree  of  Grand  Larceny,  passed 
September  1,  1744— V.  S.  241. 

This  act  authorizes  the  trial  of  petty  offences,  before  the  mayor,  deputy  mayor, 
recorder,  and  alderman  ;  the  mayor,  deputy  mayor,  or  recorder,  to  be  one,  who 
may  fine,  imprisoo,  or  inflict  corporal  punishmeni. 

An  Act  to  establish  the  rates  to  be  taken  for  Wharfage  of  Ships 
and  other  Vessels  using  the  three  Wharfs  therein  mentioned ;  passed 
September  21,  1744— V.  S.  251.  &  S.  &t  L.  350. 

An  Act  to  enable  the   Inhabitants  of  the  city    of  New-York    to 
.choose  annually  two  Vestrymen  for  each  respective  Ward  within  the 
said  city;  passed  November  29,   1745 — V.  S.  267. 

By  this  act  the  inhabitants  are  required  to  elect  two  vestrymen  for  each  ward, 
who  in  conjunction  with  the  justices  of  the  peace  are  to  lay  taxes. 

An  Act  to  revive  an  act,  entitled  an  act  to  oblige  all  persons  that 
shall  come  to  inhabit  or  reside  in  the  city  of  New-York,  in  order  to 
expose  any  goods,  wares,  or  merchandize  to  sale  at  any  time  after 
the  annual  assessment  made  for  the  tax,  for  the  maintenance  of  the 
minister  and  poor  of  the  said  city,  to  pay  their  due  proportions  to- 
ward the  same;  passed  May  14,  1745— V.  S.  252.   S.  &l  L.    353. 

An  Act  for  taking  Affidavits  in  the  several  Counties  within  this 
Colony,  to  be  made  use  of  in  the  Supreme  Court,  and  empowering 
the  Attornies  of  the  Supreme  Court  to  practice  in  the  Mayor's  Court 
of  the  city  of  New-York  ;  passed  May  3,  1746— V.S.  270. 

An  Act  for  regulating  fences  for  the  several  cities  and  counties 
within  this  Colony  of  New-York;  passed  November  24,  1750— S. 
&  L.  289. 


t;  TITLE  OF  ACTS. 

Corporation  of  the  city  of  New-Yoi  k  authorized  to  make  rules  and  regulation! 
respecting' partition  fences,  and  to  impose  fines,  not  exceeding  twenty  shillings, 
for  violating  them. 

An  Act  for  amending  and  keeping  in  repair  the  Public  Road  or 
High  Way,  from  the  house  of  John  Home,  in  the  Bowery  Divi- 
sion of  the  out  ward  of  the  city  of  New-York,  through  Blooming- 
dale  Division,  in  the  said  ward,  to  the  house  of  Admiral  Hooge- 
landt;  passed  November  25,  1751 — 303. 

This  Road  was  laid  out  in  1703.  It  was  originally  laid  out  four  rods  wide,  and 
was  to  be  kept  in  repair  by  the  inhabitants  of  Bloomingdale  Division.  To  relieve 
the  inhabitants,  who  were  few  in  number,  of  the  hardships  of  keeping  it  in  repair, 
the  Court  of  Quarter  Session  of  the  city  and  county  of  New- York  were  directed 
to  appoint  a  Surveyor  of  the  Road,  &c. 

An  Act  to  prevent  the  breaking  or  otherwise  injuring  Glass 
Lamps,  in  the  city  of  New-York  ;  passed  November  25,  1751 — S. 
&L  L.  306. 

This  Act  expired  January  1,  1753,  and  was  revived  May  1754 — p.  339. 

An  Act  to  enable  the  Mayor,  Deputy  Mayor,  Recorder,  and  Al- 
dermen of  the  city  of  New-York,  for  the  time  being,  or  the  major 
part  of  them,  to  raise  a  tax  for  mending  and  keeping  in  repair  the 
PubHc  Wells  and  Pumps  in  the  said  city,  to  the  South  of  Fresh 
Water,  and  other  purposes  therein  mentioned;  passed  December 
12,  1753— V,  S.  318. 

By  this  a  t,  the  mayor,  deputy  mayor,  or  recorder,  with  three  aldermen,  are 
authorised  to  appoint  overseers  of  wells  and  pumps.  It  was  continued  by  an  act 
passed  December  24,  1759—2  S.  &  L.   12.     V.  S.  378. 

•  An  Act  to  enable  and  empower  the  Mayor,  Aldermen,  and  Com- 
monalty of  the  city  of  New-York,  and  their  successors,  to  prevent 
and  remove  particular  nuisances  within  the  same,  to  the  Southward 
of  the  Fresh  Water;  passed  May  4,  1754— V.  S.  339.  and  2  S.  &: 
L.  36. 

This  act  authorizes  the  corporation  of  the  city  to  inclose  and  to  lease  out  any 
vacant  lot  or  lots  south  of  fresh  water,  which  have  become  public  nuisances, 
by  throwing  upon  them  all  kinds  of  filth  and  dirt,  &c.  and  prohibits  the  owners 
from  re-entering  upon  them  until  they  shall  have  paid  to  the  corporation  the  mo- 
nies expended,  and  lawful  interest  for  the  same. 

An  Act  for  further  explaining,  and  rendering  more  effectual,  the 
two  Acts  therein  mentioned,  so  far  as  they  relate  to  the  city  of  New- 
York  ;  passed  February  19,  1756— V.  S.  355.  2  S.  &:  L.  91. 

By  this  act  a  summary  process  is  instituted  against  constables  refusing  to  pay 
the  money  collected. 

An  Act  to  enforce  and  render  more  effectual  an  Act,  entitled,  an 
Act  to  prevent  vagrant  and  idle  persons  from  being  a  charge  and 
expense  to  any  of  the  Counties,  Cities,  Towns,  Manors,  or  precincts 
within  the  Province  ;  passed  July  9,  1756— V.  S.  361. 


TITLE  OF  ACTS. 


This  act  imposes  penalties  ou  masters  of  vessels  and  householders  entertaining 
certain  persons — for  bringing  and  not  reporting  foreigners  and  sLi-angers,  &c. 

An  Act  to  prevent  the  bringing  in  and  spreading  of  infectious- 
distempers  in  this  Colony  ;  passed  March  24,   1758 — V.  S.  368. 

The  Act  prohibits  vessels  having  contagious  distempers  on  boai'd  coming  nearen 
the  city  than  Bedlow's  Island,  and  imposes  a  penalty  of  two  hundred  pounds  upon 
captains  refusing  to  make  a  discovery  of  persons  infected  on  board  his  or  their 
vessel. 

An  Act  for  removing  the  prisoners  from  the  City  Hall,  of  tiie 
city  of  New-York,  to  the  new  Jail,  built  by  the  Mayor,  Aldermen, 
and  Commonalty  of  the  said  city,  and  for  appropriating  certain  parts 
thereof  to  the  uses  and  purposes  of  a  common  Gaol  for  the  city  and 
county  of  New-York  ;  passed  July  3,  1759—2  S.  k  L.  164.  V.  S. 
375. 

An  Act  to  regulate  the  practice  of  Physic  and  Surgery  in  the 
city  of  New-York  ;  passed  June  10,   1760.^ — V.  S.  382. 

The  act  recites  that  many  ignorant  and  unskilful  persons  in  physic  a«d  sur- 
gery, in  order  to  gain  a  subsistence,  do  take  upon  themselves  to  administer  physic 
and  practise  surgery,  to  the  endangering  the  lives  and  limbs  of  their  patients, — 
declares,  that  no  person  shall  practise  physic  or  surgery  before  being  examined 
by  one  of  his  Majesty's  Council,  the  judges  of  the  Supreme  Court,  the  King's  At- 
torney-General, and  the  Mayor  of  the  city  of  New- York,  or  by  any  tiirce  or  more 
of  them,  &c. 

An  Act  to  prevent  Frauds  in  the  sale  of  damaged  goods  imported 
in  this  Colony  ;  passed  Sept.  11,  1761— V.  S.  393. 

An  Act  for  the  more  effectual  prevention  of  Fires,  and  for  regu- 
lating Buildings  in  the  City  of  New-York  ;  passed  December  31, 
1761— V.S.  400.     2  S.  &  L.  231. 

By  this  act,  houses  erected  in  New- York,  after  .January  1,  1766,  to  be  made  of 
stone  or  brick,  and  to  be  roofed  with  tile  or  slate.  On  application  of  the  owner  of 
a  house,  the  sheriff  to  summon  a  jury  to  inspect  the  same,  and  on  their  finding  the 
sufficiency  or  insufficiency  of  any  building  to  bear  a  tile  or  slate  roof,  to  sign  an 
inquisition  accordingly,  which  is  declared  shall  be  good  evidence  on  any  prosecu- 
tion for  roofing  a  house  contrary  to  the  act. 

An  Act  for  the  punishment  of  persons  in  the  City  of  New- York 
who  shall,  by  false  pretences,  obtain  any  goods,  wares,  or  merchan- 
dises, from  any  person  with  intent  to  clieat  and  defraud  such  person  ; 
passed  December  11,  1762 — 2  V.  S.  424. 

An  Act  to  revive  an  Act,  entitled,  an  Act  to  prevent  the  bringing 
in  and  spreading  Distempers  in  this  Colonv,  with  addition  thereto  ; 
passed  December,  1763— V.  S.  432. 

An  Act  to  regulate  Pilots,  and  establish  their  Pilotage  between 
Sandy  Hook  and  the  Port  of  New-York,  and  other  purposes  therein 
mentioned;  passed  December  13,  1763— V.  S.  433. 


S  TITLE  OF  ACTS. 

An  Act  to  prevent  Hunting  witli  Fire  Arms  in  the  City  of  New- 
York  and  the  liberties  thereof;  passed  December  20,  1763 — V.  S. 
441. 

An  Act  further  to  continue  an  Act,  entitled,  an  Act  to  enable  the 
Mayor,  Deputy  Mayor,  Recorder,  and  Aldermen  of  the  City  of  New- 
York,  for  the  time  being,  or  the  major  part  of  them,  to  raise  a  tax  for 
mending  and  keeping  in  repair  the  public  Wells  and  Pumps  in  the 
said  City,  to  the  south  of  fresh  water  ;  passed  October  20,  1764 — 
V.  S.  452. 

An  Act  for  the  better  regulating  of  the  Public  Roads  in  the  City 
and  County  of  New- York  ;  passed  October  20,  1764— V.  S.  458. 

An  Act  to  prolong  the  time  for  Covering  the  Buildings  in  the 
City  of  New-York  with  Slate  or  Tile,  from  the  first  day  of  January, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  sixty-six, 
to  the  first  day  of  January,  in  the  year  of  our  Lord  one  thousand 
seven  hundred  and  sixty-eight ;  passed  December  23,  1765 — V.  S. 
465. 

An  Act  to  prevent  Frauds,   by  the  adulteration  of  Potash  and 
Pearlash  ;  passed  December  ]9,  1766— V.  S.  486. 
Casks  to  be  marked  ^vith  the  owner's  name  and  residence. 

An  Act  to  enlarge  the  time  for  the  Constables  of  the  City  of  New- 
York,  who  shall  be  collectors  of  taxes,  to  pay  in  the  taxes  to  be 
raised  in  the  said  City,  and  for  the  more  effectual  collection  of  the 
taxes  already  assessed  ;  passed  January  13,  1768 — V.  S.  499. 

An  Act  to  ascertain  the  size  of  Casks  in  which  white  Bread  shall 
be  packed  within  the  City  of  New-York,  and  to  regulate  the  man- 
ner in  which  the  same  shall  be  sold  ;  passed  February  6,  1768 — V. 
S.  513. 

This  act  was  amended  March  24,  1772. — Chap.  1547,  p.  681. 

An  Act  to  suspend  an  Act,  entitled,  an  Act  for  the  more  effectual 
prevention  of  Fires,  and  for  regulating  the  Buildings  in  the  City  of 
New-York,  and  to  indemnify  such  persons  as  have  incurred  the 
penalties  mentioned  in  said  Act ;  passed  December  31,  1768 — V. 
S.  519. 

This  act  is  amendatory  of  an  act  of  1761,  chap.  1162,  and  authorizes  the  erec- 
tion of  wooden  buildings  until  January,  1774. 

An  Act  further  to  increase  the  number  of  Firemen  in  the  City  of 
New-York  :  passed  December  31,  1768— V.  S.  521. 
Forty-nine  additional  to  be  appointed. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  prevent  the  exporta- 


TITLE  OF  ACTS.  9 

tlon  of  unmerchantable  Flour,  and  the  false  Taring  of  Bread  and 
Flour  Casks  ;  passed  May  20,  17G9— V.  S.  537. 

This  act  is  amendatory  of  tlie  act  of  November  24,  1750,  which  was  the  first  act 
in  relation  to  the  inspection  of  flour.  Inspection  to  be  at  or  after  the  sale;  and 
two  inspectors  to  be  appointed,  who  are  to  share  the  profits  equally. 

An  Act  for  the  more  effectual  collection  of  taxes  in  the  City  of  New- 
York  ;  passed  May  20,  1769— V.  S.  538. 

By  this  act  the  collector  may  levy  the  amount  of  taxes  upon  the  person  in  pos- 
session, or  upon  the  owner  living  in  any  other  ward,  or  the  owner  may  be  sued 
when  living  out  of  the  city. 

An  Act  for  the  more  effectual  prevention  of  Fires  in  the  City  of 
New-York;  passed  December  30,  1769--V.  S.  547. 

This  act  prohibits  pitch,  tar,  turpentine,  &c.  to  be  put  in  certain  parts  of  the  city, 
and  the  firing  of  guns,  squibs,  rockets,  &c.  south  of  fresh  water. 

An  Act  to  establish  the  Rates  to  be  taken  for  Wharfage  of  Ships 
and  other  Vessels ;  and  the  Rates  to  betaken  for  Cranage  within 
the  City  ;  passed  January  27,  1770 — V.  S.  563. 

This  act  establishes  the  rates  of  wharfage  and  cranage,  and  authorizes  the  owners 
of  wharves  to  appoint  a  wharfinger. 

An  Act  to  amenii  an  Act,  entitled,  an  Act  for  settling  a  Ministry, 
and  raising  a  maintenance  for  them,  in  the  City  of  New-York,  County 
of  Richmond,  Westchester,  and  Queen's  County  ;  and  an  Act,  enti- 
tled, an  Act  to  enable  the  inhabitants  of  the  City  of  New-York  to 
choose  annually  two  Vestrymen  for  each  respective  ward  within  the 
said,  so  far  as  the  same  relates  to  the  election  of  the  Churchwardens 
and  Vestrymen,  of  the  City  of  New-York  ;  passed  January  27, 
i770_V.  S.  565. 

By  this  act  the  churchwardens  and  vestrymen  are  to  be  chosen  the  same  day 
with  the  aldermen  and  other  officers. 

An  Act  to  revive  an  Act,  entitled,  an  Act  to  enable  the  Mayor, 
Deputy  Mayor,  Recorder,  and  Aldermen  of  the  City  of  New-York, 
for  the  time  being,  or  the  major  part  of  them,  to  raise  a  tax  for 
mending  and  keeping  in  repair  the  public  Wells  and  Pumps  in  the 
said  City,  to  the  south  of  fresh  water,  and  other  purposes  therein 
mentioned,  with  an  addition  thereto  ;  passed  January  27,  1770 — V. 
S.  566. 

An  Act  to  revive  and  continue  an  Act,  entitled,  an  Act  to  ascer- 
tain the  size  of  Casks,  in  which  white  Bread  shall  be  packed  within 
the  City  of  New-York,  and  to  regulate  the  manner  in  which  the  same 
shall  be  sold  ;  passed  January  27,  1771 — V.  S.  566. 

This  act  continues  the  act  amended  to  January  1,  1775. 

An  Act  further  to  regulate  the  Inspection  and  Branding  of  Flour; 
passed  February  16,  1771— V.  S.  608. 

Flour  manufactured  out  of  the  colony  vs  required  by  this  act  to  be  branded  with 


10  TITLE  OF  ACTS. 

the  name  of  the  colony  where  manufactured  ;  and  the  name  of  the  manufacturer 
to  be  branded  on  the  flour  before  inspection.  The  act  to  continue  in  force  until 
January  1,  1775. 

All  Act  for  the  better  regulation  of  the  election  of  officers  of  the 
City  of  New- York,  chosen  by  virtue  of  the  Charter  granted  to  the 
said  City,  and  other  purposes  therein  mentioned  ;  passed  February 
16,  1771— V,S.  620. 

This  act  was  passed  to  remedy  defects  in  the  charter  as  to  what  freeholders  were 
entitled  to  vote,  and  the  rights  of  freemen  of  the  city.  It  directs,  that  no  person 
shall  vote  for  aldermen,  &c.  in  right  of  a  freehold  less  than  forty  shillings,  which 
he  or  they  must  have  been  one  month  in  possession,  unless  by  descent  or  devise. 
And  no  freeman  to  vote  unless  he  has  been  admitted  three  months,  and  has  resided 
in  the  ward  one  month. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  establish  the  Rates 
to  be  taken  for  Wharfage  of  Ships  and  other  vessels,  and  the  rates 
to  be  taken  for  Cranage,  in  the  City  of  New-York  ;  passed  February 
16,  1771— V.S.  625. 

This  act  directs  who  are  responsible  for  wharfage  and  cranage. 

An  Act  for  the  more  effectual  punishment  of  persons  who  shall 
be  guilty  of  any  of  the  trespasses  therein  mentioned  in  the  Cities  of 
New-York  and  Albany,  and  Township  of  Schenectady ;  passed 
February  16,  1771— V.  S.  626. 

This  act  imposes  a  penalty  of  ten  pounds  upon  persons  breaking  glass  win- 
dows, porch  knockers,  and  authorizes  the  seizure  of  the  offender,  where  he  is 
not  known,  and  to  be  held  until  his  name  is  discovered. 

An  Act  for  the  inspection  of  Sole  Leather,  in  the  City  of  New- 
York ;  passed  January  22,  1772— V.  S.  631. 

This  act  directs  that  no  sole  leather  be  disposed  of  until  inspected,  sealed, 
and  weighed.     The  act  to  remain  in  force  until  1777. 

An  Act  for  the  inspection  of  Flax,  in  the  City  of  New- York ; 
passed  March  24,  1772— V.  S.  681. 

This  act  directs  that  no  flax  shall  be  sold  unless  inspected  and  marked. 

An  Act  for  the  better  support  of  the  Hospital  to  be  erected  in 
the  City  of  New- York  ;  passed  March  24,  1772— V.  S.  685. 

This  act  directs  eight  hundred  pounds  annually  to  be  paid  to  the  hospital, 
for  twenty  years,  out  of  the  excise  in  New-York. 

An  Act  to  settle  and  establish  the  line  or  lines  of  Division,  be- 
tween the  City  of  New-York  and  the  Township  of  Harlaem,  so  far 
as  concerns  the  right  of  soil  in  controversy  ;  passed  March  24, 
1772. 

An  Act  to  regulate  the  sale  of  Brick  in  the  City  and  County  of 
New-York  ;  passed  March  8,  1773 — V.  S.  773. 

The  size  and  quality  of  bricks  to  bo  deemed  merchantable  bv  this  act  is 
ilivca. 


TITLE  OF  ACTS.  U 

All  Act  to  prevent  the  sale  of  goods  at  night,  by  Vendue,  Auction, 
or  outcry,  in  the  City  of  New-York  ;  passed  March  8,  1773  — V.  S. 
774. 

An  Act  to  empower  the  Mayor,  Recorder,  and  Aldermen,  of  the 
City  of  New- York,  or  the  major  part  of  them,  to  order  the  raising 
a  sum,  not  exceeding  eighteen  liundred  pounds,  for  the  uses  therein 
mentioned  ;  passed  February  8,  1774 — 3  V.  4. 

An  Act  to  continue  an  act,  entitled  an  act  to  prevent  the  danger 
arising  from  the  pernicious  practice  of  lodging  Gunpowder  in  dwel- 
ling houses,  stores  or  other  places  within  the  City  of  New- York,  or 
on  board  vessels  within  the  harbour;  passed  February  8,  1774 — 
3  V.  5. 

An  Act  for  the  better  fixing  and  ascertaining  the  Division  line 
between  Montgomere  Ward  and  the  Outward  of  the  City  of  New- 
York,  on  the  Easterly  side  of  Montgomere  Ward  ;  passed  February 
8,  1774— 3  V.  6. 

By  this  act  the  division  line  between  the  two  wards  is  described. 

An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and 
County  of  New-York  ;  passed  March  9,  1774—3  V.  38. 

By  this  act  the  mayor,  aldermen,  and  commonalty,  are  made  commissioners 
of  roads,  and  their  powers  detailed.     Act  to  remain  in  force  to  March  1,  1777. 

An  Act  to  lay  a  tax  on  Dogs  in  the  City  of  New-York  and  Al- 
bany and  Counties  of  Queens  and  Suffolk  ;  passed  March  9,  1774 
—3  V.  41. 

By  this  act,  persons  keeping  dogrs,  to  pay  one  shilling  for  the  first,  two  shil- 
lings for  the  second,  and  four  shillings  for  every  dog  above  two.  CollectorB 
empowered  to  distrain  for  the  tax  on  dogs. 

An  Act  to  enable  Lewis  Morris  and  John  Sickles  to  erect  and 
build  a  Bridge  across  Harlaem  River;  passed  March  10,  1774 — 
3  V.  76. 

An  Act  for  altering  the  time  of  assessing  and  collecting  the  taxes 
for  the  support  of  a  minister,  and  the  poor  in  the  City  of  New- 
York  ;  passed  January  31,  1775 — 3  V.  84. 

Tax  under  this  act  to  be  assessed  1st  Tuesday  of  May. 

An  Act  to  empower  the  Mayor,  Recorder,  and  Aldermen  of  the 
City  of  New-York,  6r  the  major  part  of  them,  to  order  the  raising  a 
sum  not  exceeding  two  thousand  pounds,  for  the  uses  therein  men- 
tioned;  passed  January  31,  1775 — 3  V.  85. 

By  the  fourth  section,  persons  breaking  or  damaging  lamps,  incur  a  penalty 
of  twenty  pounds. 

An  Act  to  amend  an  act,  entitled  an  act  for  the  more  effectual 


12 


TITLE  OF  ACTS. 


preyention  of  Fires,  and  for  the  regulation  of  buildings  in  the  City 
of  New- York  ;  passed  April  1,  1775—3  V.  102. 

The  act  amended,  continued  to  January  1,  1776.  The  provisions  of  this  act 
are  minute  and  particular  in  relation  to  the  erection  of  buildings,  &c. 

An  Act  to  regulate  the  Pilots  and  establish  their  pilotage,  between 
Sandy  Hook  and  the  Port  of  New-York,  and  other  purposes  therein 
mentioned  ;  passed  April  1,  1775 — 3  V.  104. 

Governor  by  this  act  empowered  to  appoint  a  master  and  wardens  of  the 
Port  of  New  York,  and  to  commissionate  branch  pilots. 

An  Act  to  revive  an  act,  entitled  an  act  for  the  better  and  more 
effectual  collection  of  Taxes  in  the  City  of  New-York ;  passed 
April  1,  1775— 3  V.  118. 

Continues  the  act  amended  to  1785. 

An  Act  to  prevent  the  exportation  of  unmerchantable  Flour,  and 
the  false  taring  of  bread  and  flour  Casks  ;  passed  April  3,  1775 
— 3V.  165. 

An  Act  to  confirm  the  proceedings  of  the  Commissioners,  hereto- 
fore appointed  by  a  law  of  this  Colony,  to  settle  the  line  or  lines  of 
division  between  the  City  of  New-York  and  the  Township  of 
Harlaem,  and  for  establishing  the  boundary  between  the  City  and 
Township  ;  passed  April  3,  1775—3  V.  171. 

The  lines  of  division  are  given. 

An  Act  for  admitting  in  evidence  an  ancient  record  of  the  office 
of  the  Town  Clerk,  for  the  City  and  County  of  New-York,  of  an 
indenture  of  release  from  Jacobus  Kip  and  Henrica  his  wife  to 
Samuel  Verplank  and  others,  and  the  several  endorsements  thereon, 
for  certain  lands  therein  mentioned  ;  passed  April  3,  1775 — -3 
V.  174. 

An  Act  to  revive  and  amend  the  two  acts  therein  mentioned  re- 
specting Pot  and  Pearl  Ashes  ;  passed  April  3,  1775 — 3  V.  182. 

An  Act  to  revive  an  act,  entitled,  an  act  for  the  more  effectual 
punishment  of  persons  vi^ho  shall  be  guilty  of  any  of  the  trespasses 
therein  mentioned,  in  the  Cities  of  New-York  and  Albany  and  the 
Township  of  Schenectady  ;  passed  April  1775 — 3  V.  195. 

An  Act  to  ascertain  the  quality  of  Pot  and  Pearl  Ashes ;  passed 
April  23,  1784—1  Gr.  100. 

One  or  more  inspectors  to  be  appointed  for  New- York.  Amended  March 
29,  1790—2  Gr.  313. 

An  Act  for  the  inspection  of  Sole  Leather  in  the  City  of  New- 
York  ;  passed  April  28,  1784—1  Gr.  103. 

Common  council  to  appoint  two  inspectors  for  New-York. 


TITLE  OF  ACTS.  13 

An  Act  to  prevent  the  bringing  in  and  spreading  of  infections 
distempers  in  this  State  ;  passed  May  4,  1784 — 1  Gr.  117. 

Designates  Bedlow's  Island,  as  a  place  of  quarantine,  or  such  other  place 
and  for  such  time  as  the  governor,  in  his  absence,  the  mayor  of  New-York 
may  direct,  and  allows  the  inspecting  physician  twenty-eight  shillings  for  each 
vessel  visited.     Amended  March  27,  1794—3  Gr.  144. 

An  Act  to  prevent  the  exportation  of  unmerchantable  Flour,  and 
the  false  tareing  of  bread  and  flour  Casks  ;  passed  March  16,  178r. 
—  1  Gr.  160. 

One  inspector  for  New- York,  and  he  to  appoint  his  own  deputies.  Supple- 
mentary act  March  7,  1788—2  Gr.  130. 

An  Act  to  restrain  hawkers  and  pedlers ;  passed  April  4,  1785 — 

1  Gr.  176. 

Incorporatedin  the  revision  of  Kent  and  R.  vol.  1.  p.  41. 

An  Act  to  appoint  the  place  of  holding  the  Supreme  Court  of 
Judicature  of  this  State,  in  future,  and  to  prolong  the  terms  thereof, 
and  for  other  purposes  therein  mentioned  ;  passed  April  7,  1785 — 
1  Gr.  178. 

Terms  in  New-York,  3d  Tuesday  of  January  and  April.  Terms  in  Albany, 
last  Tuesday  of  July  and  the  third  Tuesday  in  October  each  year.  October 
and  April  were  terms  of  three  weeks,  January  and  July  terms  of  two  weeks. 
The  clerk's  office  to  be  held  in  New-York,  and  to  appoint  a  deputy  at  Albany. 
Papers,  kc.  to  be  removed  every  six  months  to  New-York. 

An  Act  authorizing  the  Auditor  to  audit  certain  accounts  and 
claims,  and  for  other  purposes  therein  mentioned  ;  passed  April  22, 
1785—1  Gr.  183. 

Sec  14  requires  auctioneers  to  make  quarterly  returns  of  sales  and  payments 
of  duties,  under  oath,  to  the  state  treasurer.  Sec.  15  revokes  their  licences 
for  neglect  or  refusal. 

An  Act  to  appoint  the  place  of  holding  the  Supreme  Court  of 
Judicature  of  this  State  in  April  term,  1786;  passed  March  21, 
1786—1  Gr.  209. 

Appoints  this  one  term  to  be  held  in  New-York. 

An  Act  for  relief  against  absconding  and  absent  Debtors  ;  pass- 
ed April  4,  1786—1  Gr.  214. 

Notice  to  be  pubhshed  in  two  papers  printed  in  the  state,  one  of  which  to  be 
printed  in  the  city  of  New- York.  Section  23,  gives  jurisdiction  under  this  act 
in  their  own  counties  to  the  first  judges  of  the  inferior  courts  of  common  pleas 
and  to  the  mayor  and  recorder  of  New- York  ;  amended  March  13,  1787 — 1  Gr. 
406. 

An  Act  to  regulate  the  Militia  ;  passed  April  4,  1786 — 1  Gr.  227. 

New-York  to  raise  one  regiment  of  artillery — Quakers  to  pay  forty  shillings 
as  a  commutation — to  be  collected  by  the  ward  collectors  with  other  taxes. 
Militia  of  Richmond  attached  to  New-York,  &c.  and  repeals  all  other  laws  on 
the  subject ;  amended  April  If),  1787—1  Gr.  4^4. 


14  TITLE  OF  ACTS. 

An  Act  for  the  more  effectual  prevention  of  Fires  in  the  City  of 
New-York  ;  passed  April  22,  1786-— 1  Gr.  271. 

Regulates  the  storing  of  pitch,  tor,  turpentine,  rosin,  spirits  of  turpentine, 
linseed  oil  and  shingles,  and  prohibits  the  firing  of  any  gun,  pistol,  rocket, 
crackers,  squibs,  or  other  fire-work  to  the  southward  of  fresh-water. 

An  Act  for  the  payment  of  certain  sums  of  money,  and  for  other 
purposes  therein  mentioned  ;  passed  May  5,  1786 — I  Gr.  279. 

Sec.  29  alters  the  name  of  "  The  Marine  Society  of  the  city  of  New-York, 
in  the  province  of  New-York,  in  America,"  to  "The  Marine  Society  of  the 
city  of  New- York,  in  the  state  of  New-York." 

An  Act  concerning  Justices  of  the  Peace  ;  passed  January  30, 
1787— Gr.  297. 

Relates  to  peace  powers  only — the  last  section  gives  to  the  mayors,  recorders, 
and  aldermen  of  New-York  and  Albany  the  same  powers  in  their  respective 
counties,  as  justices  of  the  peace. 

An  Act  concerning  the  Courts  of  Common  Pleas  and  General 
Sessions  of  the  Peace;  passed  February  5,  1787 — 1  Gr.  306. 

General  sessions  in  New-York  to  be  held  by  the  mayor,  recorder,  and  alder- 
men, or  any  three  of  them,  of  whom  the  mayor  or  recorder,  always  to  be  one 
on  the  first  Tuesdays  of  February,  May,  August,  and  November,  each  year, 
terms  of  one  week.  Terms  of  the  mayor's  courts  in  New- York  and  Albany, 
extended  to  three  days — in  New-York  to  be  held  by  the  same  judges  as  the 
general  sessions.  Repeals  all  former  laws  for  fixing  the  times  and  places  of 
holding  the  said  courts. 

An  Act  for  regulating  Elections  ;  passed  February  13,  1787 — 1 
Gr.  316. 

Relates  to  state  elections  only — to  be  holden  on  the  last  Tuesday  in  April  of 
each  year  for  five  days,  if  necessary.  The  common  council  of  New-York  on  the 
first  Tuesday  in  Apiil  to  appoint  three  Inspectors  for  each  ward — the  mayor, 
7-ecorder,  and  aldermen  to  canvass  the  votes  for  members  of  assembly  on  oath. 
Repeals  all  former  laws  relating  to  the  election  of  members  of  assembly  ;  amended 
February  10,  1791.    2   Gr.  339. 

An  Act  to  regulate  the  election  of  Charter  Officers  in  the  city  of 
New-York,  passed  February  23,  1787—1  Gr.  374. 

The  common  council  to  appoint  one  inspector  in  each  ward  for  the  election 
in  September  under  the  charter — to  order  special  elections  to  fill  vacancies. 
Freeholders  of  property^  fronting  on  the  east-side  of  Broadway,  to  vote  in  the 
west  ward  only. 

An  Act  for  the  better  extinguishing  of  Fires  in  the  City  of  New- 
York;   passed  March  19,  1787—1  Gr.  412. 

Common  council  to  appoint  not  exceeding  three  hundred  firemen  being  free- 
holders or  freemen,  &c.,  who,  during  their  continuance  in  office,  were  to  be  ex- 
empt from  serving  as  constable,  and  from  militia  and  jur}'  duty,  subject  to  re- 
moval at  anytime.  To  pass  rules,  orders,  fines,  &c.  on  them  for  their  govern- 
ment, &c.     150  more  firemen  authorized,  February  18,  1792. — 2  Gr.  382. 

An  Act  for   the   more  effectual  preservation  of  the  public  Wells 


TITLE  OF  ACTS.  15 

and  Pumps  in  the  City  of  New-York;  passed  March  19,  1787 — 

1  Gr.  414. 

Mayor,  recorder,  and  aldermen  or  any  five  of  them,  of  whom  the  mayor 
or  recorder  to  be  one,  to  appoint  annually  one  or  more  overseers  of  pumps 
for  each  ward,  tokeepthera  in  repair,  &c.  Penalties  imposed  for  maliciously 
damaging  pumps,  &c.  This  act  is  incorporated  in  the  revision  of  Kent  and  R. 
vol.  2.  89. 

An  Act  for  the  better  regulating  the  public  Roads  in  the  City  and 
County  of  New-York;  passed  March  21,  1787—1  Gr.  417. 

Common  Council  are  appointed  commissioners  to  regulate,  lay-out,  widen,  al- 
ter and  keep  in  repair  public  roads  or  highways  in  the  city.  In  widening  or  al- 
tering such  public  roads  or  highways  a  jury  to  be  summoned  before  the  Mayor's 
Court  to  assess  damages,  &c.  In  passing  on  the  roads  in  carriages,  &c.,  those 
going  out  north  to  give  way  for  those  coming  in  south.  This  act  is  incorporated 
in  the  revision  of  Kent  and  R.  vol.  2.  92. 

An  Act  for  the  more  easy  Assessment  and  Collection  of  Taxes  in 
the  City  and  County  of  New-York;  passed  March  21,  1787 — 1  Gr. 
419. 

Mayor,  recorder,  and  aldermen,  or  the  major  part  of  them,  of  whom  the 
mayor  or  recorder  to  be  one,  are  appointed  supervisors.  No  minister  of  the 
gospel,  physician,  surgeon,  clerk,  or  attorney,  or  any  late  member  or  clerk  of 
the  senate  or  assembly,  or  in  any  charter  capacity,  superior  to  collector  or  con- 
stable, to  be  compelled  to  serve  as  collector  or  constable. 

An  Act  for  the  more  effectual  punishment  of  persons  who  shall  be 
guilty  of  the  trespasses  therein  mentioned,  in  the  Cities  of  New- 
York,  Albany,  and  Hudson,  and  the  township  of  Schenectady  ;  pas- 
sed March  24,  1787—1   Gr.  426. 

Imposes  penalties  of  ^25,  and  authorizes  any  officer  or  watchman  to  arrest 
any  person  guilty  of  (or  being  present  at,  except  by  accident)  the  breaking,  Sec, 
any  glass-lamp,  window,  porch,  knocker,  or  other  fixture  extended  to  special 
justices  by  the  act  of  June  18,  1012 — 6  \V.  p.  539.  and  repealed  by  the  Re- 
pealing act  of  Dec.  10,  1828— 3  Rev.  L.  p.  129.  This  act  is  incorporated  u 
the  revision  of  Kent  and  R.  vol.  2.  p.  185. 

An  Act  for  the  more  speedy  Recovery  of  Debts  to  the  value  of 
Ten  Pounds;  passed  April  17,  1787—1  Gr.  445. 

By  the  20th  section,  as  many  assistant  justices  as  the  council  of  appoint- 
ment should  think  necessary,  are  to  be  appointed  for  the  city  and  county  of 
New-York,  and  to  have  jurisdiction  under  this  act  iu  civil  matters,  and  repeals 
certain  other  acts  on  the  same  subject  therein  mentioned  ;  amended  February  21, 
1791—2  Greenleaf,  p.  345.  so  far  as  to  declare  that  no  alderman  of  New-York, 
by  virtue  of  his  office,  should  have  jurisdiction  to  try  causes  to  ten  pounds  under 
this  act. 

An  Act  for  regulating  the  Buildings,  Streets,  Wharfs,  and  Slips 
in  the  City  of  New- York  ;  passed  April   16,  1787—1  Gr.  441. 

Connmon  Council  to  appoint  surveyors  of  ;ind  make  by-laws  for  regulat- 
ing buildings,  streets,  wharves,  and  slips — to  prevent  buildings  encroaching  on 
the  streets— jury  to  assess  damages — to  direct  the  making  common  sewers,  drains 
and  vaults,  paving,  altering,  mending,  and  cleaning  the  streets.  Commissioners 
to  make  the  assessments  &c.,  &,c. 


1(5  TITLE  or  ACTS. 

An  Act  concerning  Apprentices  and  Servants;  passed  February 
6,  1788—2  Gr.  26. 

Overseers  of  the  poor  of  New-York,  byand  with  the  consent  of  the  mayor,  re- 
corder, and  aldermen,  or  any  two  of  ihem,  to  bind  out  poor  children  ;  amended 
by  the  act  of  March  7,  1780—2  Gr.  p.  133. 

An  Act  concerning  Courts  of  Oyer  and  Terminer,  and  Gaol  De- 
livery;  passed  February  22,  1788—2  Gr.  81. 

The  mayor,  recorder,  and  aldermen  of  New-York,  or  any  three  or  more  of 
them,  togeiher  with  a  justice  of  the  supreme  court,  to  hold  these  courts  for  New- 
York. 

An  Act  for  laying  a  duty  of  Excise  on  strong  Liquors,  and  for 
the  better  regulating  of  Inns  and  Taverns;  passed  March  1,  1788 
~-2Gr.  116. 

Commissioner  of  excise  to  be  appointed  for  New-York  ;  he  to  fix  the  price 
for  each  license  at  not  less  than  ^5  nor  more  than  $50 — his  salary  ^150  per  an- 
num. To  pay  over  the  money  received  by  him  to  the  common  council — ^2000 
annually  for  four  years  to  the  Nevv-Yoik  Hospital.     Repeals   all  former  laws   on 

tliis  subject. 

An  Act  to  regulate  the  Exportation  of  Flax-seed  and  Lumber ; 
passed  March  1,  J  788— 2  Gr.  122. 

One  inspector  of  lumber  for  New-York,  and  he  to  appoint  his  deputies.  Lum- 
ber Law  amended  March  29,  1790—2  Gr.  313. 

An  Act  to  regulate  the  Repacking  of  Beef  and  Pork  for  exporta- 
tion ;  passed  March  7,  1  788— 2  Gr.  124. 

Two  or  more  repackers  to  be  appointed  for  New-York,  to  provide  themselves  as 
many  stores  as  may  be  necessary  :  one  store  to  be  at  or  near  the  Albany  pier, 
and  another  at  or  near  Burling-slip.     Amended  March  29,  1790 — 2  Gr.  313. 

An  Act  to  regulate  the  Culling  of  Staves  and  Heading;  passed 
March  7,  1788— 2  Gr.  128. 

By  this  act  eight  or  more  cullers  to  be  appointed  for  New-York.  Disputes  to 
be  settled  by  two  other  cullers  chosen  by  the  parties. 

An  Act  supplementary  to  the  Act,  entitled,  an  Act  to  prevent  the 
exportation  of  unmerchantable  Flour,  and  the  false  taring  of  Bread 
and  Flour  Casks  ;  passed  March  7,  1788— 2  Gr.  130. 

Extends  the  act  to  rye  and  buckwheat  flour,  except  as  to  superfine  qualit}'. 
Standard  weight  of  wheat,  brought  to  New-York  for  sale,  shall  be  60  pounds  neat 
to  the  bushel.     See  the  act  1  Gr.  160. 

An  Act  for  the  better  Settlement  and  Relief  of  tlie  Poor;  passed 
March  7,  1788— 2  Gr.  133. 

Masters  of  vessels,  by  the  32d  section,  to  report  to  the  mayor  or  recorder  the 
names  and  occupations  of  all  persons  brought  into  port  in  their  vessels,  under 
penalty  of  fifty  dollar?  for  every  person  not  reported,  and  seventy-five  dollars  for 
every  foreigner,  &.c.  Common  council  to  appoint  twelve  or  more  freeholders  and 
iMUalDitantB  to  be  overseers  of  the  poor,  by  tlie  name  of  ^'  The  Commissioners  of 
the  Alms-hou3e  and  Bridewell  of  the  city  of  New- York. "     All  moneys  for  the  re- 


TITLE  OF  ACTS.  17 

lief  of  the  poor,  to  be  paid  to  and  expended  by  the  common  council.     Repeals  all 
former  laws  on  the  subject. 

An  Act  for  dividing  the  State  into  Counties  ;  passed  March  7, 
1788— 2  Gr.  148. 
Sixteen  counties ;  giving  the  bounds  of  New-York  and  the  other  counties. 

An  Act  for  dividing  the  Counties  of  this  State  into  Towns  ;  passed 
March  7,  1788—2  Gr.  151. 

The  21st  section,  p.  173,  authorizes  the  common  council  of  New- York  to  make 
orders,  rules,  &c.  for  making,  mending,  Sic.  the  fences  in  the  city  ;  and  to  appoint 
a  keeper  of  the  pounds  his  fees,  &c. 

An  Act  to  enable  the  Corporation  of  Trinity  Church,  in  the  City 
of  New- York,  to  assume  the  name  therein  mentioned  ;  passed  March 
10,1788—2  Gr.  180. 

Recites  that  this  corporation  was  authorized  to  sue,  kc.  by  an  act  of  the  then 
colony  of  New-York,  passed  June  27,  1704,  by  the  name  of  "•  The  Rector  and 
Inhabitants  of  the  City  of  New- York,  in  communion  of  the  Cimrch  of  England, 
as  by  law  established,"  and  alters  the  name  of  the  corporation  to  "  The  Rector  and 
Inhabitants  of  the  City  of  New-York,  in  communion  of  the  Protestant  EpisQopal 
Church  in  the  State  of  New-York."  See  previous  law,  making  alterations  in  the 
charter  of  this  corporation,  17th  April,  1784 — 1  Greenleaf,  95.  In  connection 
with  this  subject,  vide  session  10,  chapter  34 — session  13,  chapter  48 — session  21, 
chapter  49. 

An  Act  for  the  more  effectual  Collection  of  Taxes  in  the  City  and 
County  of  New-York  ;  passed  March  II,  1788— 2  Gr.  181. 

City  treasurer  to  publish,  in  one  or  more  newspapers,  on  the  first  Monday  in 
November,  yearly,  an  account  of  all  moneys  received  and  paid  for  the  city  and  the 
purposes  thereof. 

An  Act  to  prevent  the  storing  of  Gunpowder  within  certain  parts 
of  the  City  of  New- York;  passed  Marcli  15,  1788—2  Gr.  191. 

By  this  act  no  person  is  permitted  to  keep  more  than  28  pounds  of  gunpowder 
in  any  one  place,  within  one  mile  of  the  city-hall,  and  that  divided  into  four  par- 
cels.    This  act  is  incorporated  in  the  revision  of  2  Kent  &  Rad.  95. 

An  Act  for  the  Punishment  of  Disorderly  Persons  in  the  City  of 
New-York  ;  passed  February  6,  1789 — 2  Gr.  228. 

Authorizes  the  mayor,  recorder,  and  alJermen,  or  any  two  of  them,  in  all  cases 
where  corporal  punishment  may  be  inflicted,  except  under  the  law  of  February  9, 
1788,  (same  vol.  p.  52,)  to  substitute  confinement  at  hard  labour  for  six  months  ; 
and  to  punish  in  the  same  manner  all  disorderly  persons,  who  had  been  removed 
from  the  city,  and  all  vagrants.  Tliis  act  is  incorporated  in  the  revision  of  2  Kent 
&  Rad.  98. 

An  Act  to  remove  doubts  respecting  the  Charter  granted  to  the 
Members  of  the  New-York  Society  Library  ;  passed  February  18, 
1789— 2  Gr.  260. 

Recites  that  the  charter  was  granted  on  the  9th  November,  1772.  This  act  is 
incorporated  in  the  revision  of  2  Kent  &l  Rad.  256. 

3 


18  TITLE  OF  ACTS 

An  Act  to  regulate  the  Rates  of  Ferriage  between  the  City  of 
New-York  and  the  Island  of  Nassau  ;  passed  February  18,  1789 — 
2  Gr.  273. 

This  act  repeals  the  1st,  2d,  and  7th  sections  of^the  act  of  October  14,  1732. 

An  Act  for  securing  aiid  improving  certain  Lands  in  the  City  of 
New-York,  for  public  uses,  and  for  other  purposes  therein  mention- 
ed; passed  March  16,  1790— 2  Gr.  307. 

Relates  to  Fort  George,  the  Battery,  and  lands  adjacent  thereto. 

An  Act  to  incorporate  the  Stockholders  of  the  New-York  Manu- 
facturing Society ;  passed  March  16,  1790— 2  Gr.  309. 

Incorporated  in  the  revision  of  2  Kent  &  Rad.  522. 

An  Act  to  amend  the  several  Inspection  Laws  therein  mentioned  ; 
passed  March  29,  1790—2  Gr.  313. 

Amendatory  of  the  beef  and  pork  law  of  7th  March,  1788 — 1  Gr.  124  ;  lumber 
law  of  1st  March,  1788—1  Gr.  122  ;  pot  and  pearl  ashes  of  23d  April,  1784—1 
Gr.  100. 

An  Act  for  Apportioning  the  Representation  in  the  Legislature, 
according  to  the  rule  prescribed  in  the  Constitution,  and  for  divid- 
ing the  County  of  Albany  ;  passed  February  7,  1791 — 2  Gr.  337. 

The  state  divided  into  four  great  or  senatorial  districts.  The  southern  district 
to  consist  of  New-York,  Suffolk,  Queens,  King^s,  Richmond,  and  Westchester. 
New-York  to  send  seven  members  to  the  assembly. 

An  Act  for  the  preservation  of  Heath  Hens  and  other  game  ;  pas- 
sed February  15,  1791—2  Gr.  341. 

This  act  repeals  former  laws  upon  this  subject. 

An  Act  to  explain  and  amend  an  Act,  entitled,  an  Act  for  the 
more  speedy  recovery  of  Debts  to  the  value  of  ten  pounds ;  passed 
February  21,  1791—2  Gr.  345. 

See  above  the  title  of  the  act  referred  to  of  April  17,  1787—1  Gr.  4i5,  and  the 
note  thereto.  The  aldermen  of  the  city  of  New-York  were  inhibited  by  this  act 
from  hearing-  and  determining  causes  under  the  ten-pound  act. 

An  Act  for  altering  the  Wards  in  the  City  of  New-York  ;  passed 
February  28,  1791—2  Gr.  349. 

Divides  the  city  into  seven  wards,  and  gives  the  bounds  of  each.  It  is  incor- 
porated in  the  revision  of  2  K.  &  R.  98. 

An  Act  to  prevent  obstructions  to  Docks  and  Wharves  in  the  City 
of  New-York  ;  passed  March  10,  1791—2  Gr.  354. 

An  Act  to  restrain  the  immoderate  use  of  Spirituous  Liquors  in  the 
Gaols  of  the  Cities  and  Counties  of  New-York  and  Albanv  ;  passed 
March  21,  1791— 2  Gr.  365. 

By  this  act  no  spirituous  liquor  is  permitted,  on  any  pretence  whatever,  to  be 
taken  in  the  gaol  of  the  city  and  county  of  New-York,  except  upon  the  written 


TITLE  OF  ACTS.  19 

permission  of  the  physician ;  and  a  penalty  is  inflicted  upon  the  gaoler  of  one  hun- 
dred pounds  who  shall  knowingly  sulfer  or  permit  any  liquor  to  he  sold  or«sed  in 
the  gaol  contrary  to  the  act. 

An  Act  to  enable  the  Regents  of  the  University  to  establish  a  Col- 
lege of  Physicians  and  Surgeons  within  the  State  ;  passed  March 
24,  1791— 2  Gr.  371. 

This  act  is  incorporated  in  the  revision  of  2  K.  &  R.  245. 

An  Act  for  the  more  effectual  prevention  of  Fires,  and  to  regulate 
certain  Buildings  in  the  City  of  New-York  ;  passed  March  24, 
1791—2  Gr.  372. 

Establishes  fire-limits,  and  prohibits  the  erection  of  wooden  tenements  of  more 
than  two  stories  to  the  south  and  west  of  a  line  beginning  at  the  outlet  of  Lispe- 
nard's  meadow,  thence  to  the  dwelling-house  of  Nicholas  Bayard,  and  thence  to 
the  dwelling-house  of  Richard  Piatt,  thence  to  Abraham  Cannon's  house  on  the 
East  river.  This  law  m?d3  to  take  effect  on  the  1st  January,  1792  ,  by  the  act 
of  26th  January,  1792,  (same  vol.  p.  378,)  amended  31st  ilarch,  1795 — 3  Gr. 
202.     The  act  is  repealed  by  the  act  of  April  8,  1 796— p.  332. 

An  Act  to  increase  the  number  of  Firemen  within  the  City  of 
New- York  ;  passed  February  18,  17G2— 2  Gr.  382. 

One  hundred  and  fifty  more  firemen  (o  be  appointed  in  addition  to  the  300  au- 
thorized by  the  act  of  19th  March,  17(J7— 1  Gr.  412. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen  of  the  Citv 
of  New-York,  to  order  the  raising  moneys  by  tax  ;  passed  February 
18,  1792—2  Gr.  383. 

Forty  thousand  dollars  authorized,  of  which  0,000  dollars  was  for  the  Battery, 
and  improvements  in  front  of  the  gaol,  &:c. 

An  Act  for  granting  an  allowance  to  the  Commissioner  of  Excise, 
for  the  City  of  New-York,  for  his  services  ;  passed  March  12,  1792 
—2  Gr.  399. 

Allows  him  to  retain  200  dollars  per  annum. 

An  Act  to  incorporate  the  Society  of  Mechanics  and  Tradesmen 
of  the  City  of  New-York,  for  charitable  purposes  :  passed  March  14 
1792— 2  Gr.  414. 

By  the  name  of  "  The  General  Society  of  Mechanics  and  Tradesmen  of  the 
City  of  New-York.'     Incorporated  in  the  revision  of  2  K.  &  R.  524. 

An  Act  to  regulate  the  practice  of  Physic  and  Surgery  within 
the  City  and  County  of  New- York  ;  passed  March  27,  1792—2 
Gr.  425. 

By  this  act  no  person  to  be  admitted  to  practise  physic  in  the  citv  and  county 
ot  JNew-York,  until  he  has  passed  an  examination,  and  been  admitted  by  the  o-o- 
vernor,  chancellor,  judges  of  the  supreme  court,  attorney  general,  the  mayor  and 
recorder  of  the  said  City,  cr  any  two  of  them,  taking  to  their  assistance  any  three 
respectable  practitioners  of  physic  and  surgery,  with  whom  theperson  to  be  exa- 
mined has  not  lived  to  acquire  medical  information. 

An  Act  authorizing  the  Mayor,  Aldermen,  and  Commonalty  of 


/ 


20  TITLE  OF  ACTS. 

the  City  of  New-York,  to  fill  in  and  raise  the  tract  of  land  in  the 
said  City,  called  the  Meadows,  and  for  continuing  Roosevelt  and 
Frankfort-streets  ;  passed  April  6,  1792—2  Gr.  447. 

"  The  meadows"  are  described  as  bounded,  nprth  by  Chatham-street,  south  by 
Cherry-street,  west  by  Queeu-street,  and  east  byiCatharine-street. 

An  Act  for  the  better  support  of  the  Hospital  in  the  City  of  New- 
York;  passed  April  11,  1792—2  Gr.  479. 

Annuity  from  the  state  of  ^5000  for  five  years,  repealed  March  31,  1795 — 3 
Gr.  p.  203,  and  an  anuuity  of  g  10,000  substituted  for  five  years,  from  Feb- 
ruary 1,  1795,  both  annuities  are  chargeable  upon  duties  arising  from  auction 
sales  in  this  city. 

The  annual  Tax  Law  for  the  City;  passed  December  7,  1792 — 
3Gr.  1. 

g40,000  altogether,  of  which  ^2500  were  for  improvements  the  same  as  in  the 
last  law. 

Apportionment  Law  of  Representatives  in  Congress;  passed  De- 
cember 18,  1792—3  Gr.  4. 

The  state  divided  into  ten  district^  and  New-York  to  be  a  district  by  itself,  and 
entitled  to  one  representative. 

An  Act  to  enable  the  Corporation  of  the  first  Presbyterian 
Church  in  the  City  of  New-York  to  hold  real  and  personal  Estate, 
of  the  yearly  value  therein  mentioned;  passed  March  6,  1793 — 3 
Gr.  51. 

Yearly  value  not  to  exceed  jj6000. 

An  Act  for  improving  John-street,  in  the  third  Ward  of  the  City 
of  New-York,  and  for  vesting  the  right  of  the  People  of  this 
State,  to  the  lands  left  for  streets,  in  the  City  of  New-York,  in  the 
Corporation  of  the  said  City;  passed  March  7,  1793 — 3  Gr.  52. 

The  annual  Tax  Law  for  the  City;  passed  February  6,  1794 — , 
3  Gr.  105. 

^50,000  altogether,  of  which  g2500  were  for  improvements  the  same  as  in  the 
two  last  laws. 

An  Act  to  amend  the  act,  entitled,  "  An  Act  for  the  regulation  of 
Pilots  and  Pilotage,  for  the  Port  of  New-York,  and  for  other  pur- 
poses  therein  mentioned;"  passed  Februarys,  1794 — 3  Gr.  106. 

Increases  the  rates  of  pilotage  as  allowed  April  14,  1784 — 1  Gr.  p.  86.  Re- 
pealed by  the  act  of  April  12, 1796— p.  343. 

An  Act  to  amend  the  act,  entitled,  "  An  Act  to  prevent  the  bring- 
ing in  and  spreading  of  Infectious  Distempers  in  this  State  ;"  passed 
March  27,  1794—2  Gr.  144. 

See  the  act  referred  to  of  May  4,  1734,  in  the  1st  ofGreenleaf,  p.  117.  This 
law  authorizes  the  governor  to  appropriate  Governor's  Island  for  the  purpose  of 
erecting  buildings  thereon  for  the  objects  of  the  health  law,  It  is  repealed  by 
the  act  of  March  30, 1798— p.  403. 


TITLE  OF  ACTS.  21 

An  Act  concerning  Jurors  for  the  trial  of  Issues  in  the  City  of 
New-York ;  passed  February  4,  1795—3  Gr.  160. 

Authorizes  the  common  council  annually  to  make  a  panel  of  jurors. 

An  Act  to  enable  the  Minister,  Elder,  and  Deacons  of  the  Re- 
formed Protestant  Dutch  Church  of  the  City  of  New-York,  to  hold 
and  enjoy  an  Estate  of  the  yearly  value  therein  mentioned  ;  passed 
February  24,  1795—3  Gr.  167. 

By  this  act  the  minister,  elders,  and  deacons  of  the  reformed  protestant  church 
are  authorized  to  hold  lands,  tenements,  goods,  and  chattels  to  the  amount  of  three 
thousand  six  hundred  pounds  yearly  income,  and  are  required  to  exhibit  annually 
upon  oath  to  the  chancellor  or  justices  of  the  supreme  court  an  account  or  inven- 
tory of  such  real  and  personal  estate. 

The  annual  Tax  Law  of  the  City;  passed  March  5,  1795 — 3 
Gr.  177. 

•  g50,000  altogether. 

An  Act  for  the  Relief  of  the  Protestant  Episcopal  Church  in  the 
State  of  New-York;  passed  March  17,  1795 — 3  Gr.  1S8. 

Kecites  that  an  incorporation  of  their  churches  under  the  act  of  April  6  1784 
—1  Greenleaf,  p.  71  subjects  them  to  a  variety  of  difficulties  as  regards  their 
mode  of  government,  &c.  This  act  directs  the  mode  of  electing  church  officers 
and  declares  the  church- tvardens,  vestry-men,  and  rector  of  the  church  shall  be 
a  body  corporate. 

An  Act  to  enable  John  B.  Coles,  to  raise  a  Dam  across  Haerlem 
River,  and  to  amend  an  act,  entitled,  "  An  Act  for  building  a  Bridge 
across  Haerlem  River;  passed  March  24,  1795 — 3  Gr.  197. 

The  act  amended  was  passed  March  31,  1790,  and  may  be  found  in  2  Kent 
and  R.  p.  489.  It  is  not  published  in  Greenleaf.  In  connexion  with  this  subiect 
see  also  2   Kent  and  R.  p.  491  and  492. 

An  Act  to  amend  the  Acts  for  the  prevention  of  Fires,  and  to  reg- 
ulate certain  buildings  in  the  City  of  New- York :  passed  Alarrh 
31,  1795—3  Gr.  202.  ^ 

Regulates  the  storing  of  sulphur,  hemp,  and  flax,  and  enacts  that  any  building- 
erected  after  the  first  of  May  1795  to  the  south  and  west  of  the  line  mentioned 
in  the  act  of  March  24,  1791-2  Gr.  p.  372.  of  more  than  28  feet  in  heiffht 
from  the  level  of  the  street  to  the  foot  of  the  rafters,  shall  be  considered  a  three* 
story  buildmg  withm  the  meaning  of  the  act,  and  imposes  double  taxes  as  a  fur- 
ther penalty  for  a  breach  of  the  law. 

An  Act  for  the  better  support  of  the  public  Hospital  in  the  City 
of  New- York;  passed  March  31,  1795 — 3  Gr.  203. 

Grants  an  annuity  of  glO,000  for  five  years  from  the  first  of  Februarv  1795 
chargeable  as  m  the  act  of  April  11,  1792—2  Gr.  479,  which  this  statute  re' 
peals. 

An  Act  to  amend  the  Act  establishing  the  rates   of  Wharfage  in 
the  City  of  New-York ;  passed  April  6,  1795—3  Gr.  212. 
Increases  the  rate  of  wharfage,  and  repeals  the  first  section  of  the  act  of  April 


22  TITLE  OF  ACTS. 

17,  178  4 — I  Gr.  p.  92.  Tiie  wharfage  of  coasting  vessels  not  over  six 
loQs  to  be  fixed  by  the  port  wardens,  and  repeals  the  first  section  of  the  act  of 
April  17,  1784— p.  92. 

An  Act  for  the  Encouragement  of  Artillery-men  in  the  City  of 
New-York  ;  passed  April  6,  1795—3  GTr.  216. 

Non-commissioned  officers  and  privates  during  serrice  exempted  from  jury 
duty,  from  taxes  on  ^500,  and  militia  duty  after  nine  years  service. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New- York,  to  raise,  by  Lottery,  a  sum  not  exceeding  Ten 
Thousand  Pounds  for  the  purpose  therein  mentioned ;  passed  April 
6,  1795— 3  Gr.  216. 

^25,000  to  be  raised  by  the  lottery  to  build  a  new  poor  or  almshouse. 

An  Act  to  incorporate  the  Contributors  of  the  New- York  Dispen- 
sary; passed  April  8,  1795— -3  Gr.  226.  , 

An  Act  for  continuing  and  extending  Banker-street,  in  the  Fifth 
Ward  of  the  City  of  New- York,  into  Pearl-street,  and  for  widening 
Beaver-lane  in  the  First  Ward  of  the  said  City ;  passed  April  9, 
1795—3  Gr.  244. 

An  Act  for  the  more  speedy  recovery  of  Debts  to  the  value  of 
Ten  Pounds ;  passed  April  9,  1795—3  Gr.  246. 

By  this  act  trespass  and  penalties  under  ten  pounds  are  made  cognizable, 
and  the  twenty-second  section  of  the  act  for  the  more  speedy  recovery  of  debts 
to  the  value  of  ten  pounds,  extended,  authorizing  constables  to  execute  any  sum- 
mons or  precept  in  any  part  of  their  respective  counties. 

An  Act  for  the  Encouragement  of  Schools  ;  passed  April  9,  1795 
—3  Gr.  248. 

This  act  appropriates  20,000  pounds  for  maintaining  schools  in  the  several  cities 
and  towns  in  this  stale,  for  completing  an  English  education,  and  New- York  is  to 
•receive  as  her  portion  of  this  sum  one  thousand  eight  hundred  and  eighty-eight 
pounds  ;  and  a  sum  equal  to  one  half  of  this  appropriation  is  directed  to  be  raised 
by  a  tax  in  the  said  city  and  county.  It  is  amended  by  an  act  passed  April  6,  1796, 
session  19,  chap.  49,  and  further  amended  by  an  act  passed  March  10,  1797,  ses- 
sion 20  chap.  34,  which  last  act  is  repealed,  session  24  chap.  180.  §3.  These 
acts  are  marked  obsolete  in  2  Kent  and  R.  251. 

An  Act  making  provision  for  the  more  due  and  convenient  con- 
ducting public  Prosecutions  of  the  Courts  of  Oyer  and  Terminer, 
and  Gaol  Delivery  and  General  Sessions  of  the  Peace ;  passed 
February  12,  1796—3  Gr.  265. 

By  this  act  the  state  is  divided  into  districts,  and  assistant  attorneys  general  to 
be  appointed  for  each  of  ihem,  except  the  city  of  New-York.  It  is  made  the  duty 
of  the  attorney  general  to  attend  the  court  of  general  sessions  of  the  peace  in  the 
city  and  county  of  New- York,  and  he  is  prohibited  from  acting  in  any  private 
suit. 

An  Act  apportioning  the  representation   in  the  Legislature,  ac- 


TJTLE  OF  ACTS.  23 

cording  to  the  rule  prescribed  by  the  Constitution ;  passed  March 

4,  1796—3  Gr.  274. 

By  this  act  the  state  is  divided  into  four  districts,  and  the  southern  district  to 
comprehend  the  city  and  county  of  New-York,  the  counties  of  Suffolk,  Queens, 
Kings,  Richmond,  and  Westchester,  and  are  to  choose  nine  senators;  and  the 
city  and  county  of  New-York  to  choose  six  members  of  assembly. 

Annual  Tax  Law;  passed  March  16,  1796. 

This  act  authorizes  the  raising  of  20,000  pounds  to  support  the  poor,  and  to  re- 
pair the  jail  and  bridewell,  and  the  further  sum  of  10,000  pounds  to  pay  watch- 
men, providing  oil,  &c. 

An  Act  making  alterations  in  the  Criminal  Laws  of  the  State, 
and  for  erecting  State  Prisons;    passed  March  16,  1796 — 3  Gr. 

291. 

By  this  act  the  punishment  of  whipping  for  any  offence  under  the  degree  of 
grand  larceny  is  abolished,  and  persons  convicted  of  certain  offences  in  the  city 
of  New-York  may  be  committed  to  the  bridewell.  This  act  also  authorizes  the 
erection  of  two  state  prisons,  one  in  the  city  and  county  of  New-York,  and  the 
other  in  the  county  of  Albany,  and  makes  provision  for  their  erection  and  the 
keeping  of  convicts  in  them. 

An  Act  to  prevent  the  bringing  in  and  spreading  of  Infectious 
Diseases  in  the  state;  passed  April  1,  1796 — 3  Gr.  305. 

By  this  act  a  physician  and  seven  commisioners  of  the  health  office,  are  directed 
to  be  appointed  in  the  city  of  New- York,  and  provision  is  made  for  the  erection 
of  a  lazaretto  upon  Nultcn  or  some  other  island,  and  the  health  olHcer  is  made 
physician  to  the  lazaretto.  This  act  I'epeals  the  act  of  May  4, 1784,  except  the  se- 
cond section,  and  the  act  to  amend  the  said  act,  passed  March  27,  1794;  and  this 
act  is  repealed  by  the  act  of  March  30,  1798— p.  399. 

An  Act  more  eflectually  to  regulate  the  Port  of  New-York  ;  pas- 
sed April  1,  1796—3  Gr.  317. 

This  act  directs  (he  appointment  of  a  harbour  master,  and  details  his  duties  ; 
may  appoint  deputies,  &c. 

An  Act  allowing  compensation  to  Struck  Jurors,  and  to  amend 
the  act,  entitled,  "  An  Act  concerning  Jurors  for  the  trial  of  Issues 
in  the  City  of  New-York;  passed  April  1,  1796—3  Gr.  325. 

By  this  act  struck  jurors  are  allowed  six  siiillings  per  diem;  and  the  clerk  of 
the  supreme  court  is  directed  by  the  act,  to  deliver  to  the  clerk  of  the  city  and 
county  of  New-York  a  list  of  the  jurors  who  have  appeared  or  made  default. 

An  Act  for  the  more  effectual  prevention  of  Fires,  and  to  regulate 
Buildings  in  the  City  of  New-York,  and  to  repeal  and  explain  cer- 
tain acts  therein  mentioned  ;  passed  April  8,  1796 — 3  Gr.  332. 

,  This  act  directs  that  rfll  houses  hereafter  to  be  built  in  the  city  of  New-York, 
south  and  west  of  a  certain  line,  which  shall  be  more  than  25  feet  from  the  sur- 
face of  the  street  to  the  foot  of  the  rafter,  shall  be  made  of  stone  or  brick,  to 
have  parry  walls  twelve  inches  above  the  roof,  and  to  he  covered  with  slate ;  and 
inflicts  a  penalty  for  a  violation  of  '2h  pounds.  This  act  repeals  the  act  of  March 
•24,  1791  and  the  act  of  January  26,  I79!<J,  and  (he  act  of  March  31,  1795,  and  is 
itself  repealed  by  the  act  df  March  27,  IJiOl.  Kent  and  Bad.  V.  t\  p.  114. 


24  TITLE  OF  ACTS., 

An  Act  for  the  payment  of  certain  Officers  of  Government,  and 
other  Conthigent  Expenses;  passed  April  11,  1796 — 3  Gr.  335. 

By  this  act  the  treasurer  is  directed  to  pay  to  Columbia  college  the  sum  of 
se/en  hundred  and  fifty  pounds  yearly  for  a  certain  period,  and  to  the  New-York 
hospital  one  thousand  pounds  annually  for  four  years. 

An  Act  to  amend  an  act,  entitled,  "An  Act  for  the  regulation  of 
Pilots  and  Pilotage  in  the  City  of  New-York,  and  for  other  pur- 
poses therein  mentioned  ;  passed  April  12,  1796 — 3  Gr.  348. 

This  act  repeak  the  fourth  section  of  the  act,  entitled,  "  an  act  for  the  regula- 
tion of  pilots  and  pilotage  for  the  port  of  New- York  and  for  other  purposes 
therein  mentioned;  passed  April  14,1784,"  and  the  act,  entitled,  "an  act  to 
amend  the  act  for  the  regulation  of  pilots  and  pilotage  for  the  port  of  New- York, 
and  for  other  purposes  therein  mentioned;  passed  February  8,1794 — 3  Gr.  p. 
106.     This  act  is  repealed  by  the  act  of  March  16,  1798—3.  Gr.  p.  312. 

An  Act  concerning  the  appointment  and  election  of  the  Charter- 
officers  of  the  City  of  New- York,  Albany  and  Hudson,  and  con- 
cerning the  Mayor's  court  of  the  City  of  New- York ;  passed  Janu- 
ary 3,  1797— L.  ^  A.  3. 

By  this  act,  charter  officers  are  to  be  appointed  annually,  and  when  any  per- 
son elected  to  any  office  in  New-York,  is  found  not  legally  qualified,  the  com- 
mon council  may  order  a  new  election.  The  mayor  and  recorder  of  the  city 
and  county  empowered  to  hold  the  court  of  common  pleas  without  the  presence 
of  any  aldermen. 

An  Act  for  the  support  of  the  St.  Domingo  French  Refugees  in 
the  City  of  New-York  ;  passed  January  27,  1797 — L.  &  A.  11. 

An  Act  concerning  the  Supreme  Court ;  passed  January  24, 
1797— L.&  A.  13. 

This  act  directs  the  supreme  court  to  hold  four  terms  :  July,  October,  Janu- 
ary, and  April,  and  directs  the  July  and  October  terms  of  the  court  to  he  held 
at  New-York,  and  the  January  and  April  terms  to  be  held  in  Albany,  and  re- 
peals the  act  entitled,  "  an  act  to  appoint  the  place  of  holding  the  supreme  court 
of  jurisdiction  of  this  state  in  future,  and  to  prolong  the  terms  thereof,  and  for 
other  purposes  therein  mentioned  ;"  passed  April  7,  1785 — 178. 

An  Act  to  amend  an  act,  entitled,  "an  act  to  prevent  the  bringing 
in  and  spreading  of  infectious  diseases  in  this  State ;  passed  Febru- 
ary 10,  1797— L.  &A.  20. 

By  this  act  some  new  regulations  are  made  with  respect  to  the  commissioner« 
of  health  office.  By  this  act  three  commissioners  of  the  health  office  for  the 
city  of  New- York,  are  to  be  appointed,  who  are  directed  to  rpeet  when  requi- 
site, and  with  the  health  officer,  who  is  ex-efficio  a  member,  are  invested  with 
the  same  powers  as  the  former  commissioners.  They  have  powers  by  the  act, 
to  make  rules  and  orders  for  cleansing  the  streets,  &c.  It  is  repealed  by  the 
act  of  March  30, 1798— L.  &  A.  499. 

An  Act  concerning  the  recovery  of  debts  and  demands  to  the 
value  of  ten  pounds  in  the  City  of  New-York  ;  passed  February 
16,  1797— L.  &;A.3i. 

This  act  authorizes  a  court  to  be  held  at  the  city  hall,  gives  its  powers,  form, 


TITLE  OF  ACTS.  25 

and  process,  fees,  &c.  and  repeals  the  twentieth  section  of  the  ten  pound  act; 
amended  by  the  act  of  March  21,  1800—2  K.  &.  R.  111.  Incorporated  in  the 
revision  of  2  K.  &  R.  101. 

An  Act  further  to  amend  an  act,  entitled,  "  an  act  for  the  encou- 
ragement of  common  Schools;"  passed  March  10,  1797 — 3  Gr.  397. 

By  this  act  one  sixth  of  the  monies  appropriated  by  the  act  and  raised  by 
taxes  in  the  gity,  is  to  be  divided  annually  amon^  the  charity  schools  of  the 
city,  and  the  other  five-sixths  to  be  distributed  by  the  mayor,  aldermen,  and 
commonalty  to  charity  and  other  schools.  It  is  incorporated  in  the  revision  of 
2  Kent  and  R.  101. 

An  Act  for  altering  the  times  of  holding  a  court  of  General 
Sessions  of  the  peace  in  and  for  the  City  and  County  of  New-York, 
and  for  altering  one  of  the  terms  of  the  Courts  of  Common  Pleas 
and  General  Sessions  of  the  Peace,  in  the  county  of  Albany  ;  passed 
March  17,  1797—3  Gr.  401. 

This  act  directs  the  terms  to  be  held  on  the  first  Tuesdays  of  July,  October, 
January,  and  April,  of  each  year,  and  may  be  continued  to  be  held  until  the 
Tuesdays  next  following. 

An  Act  to  regulate  the  practice  of  Physic  in  this  State ;  passed 
March  23,  1797— L.  &  A.  104. 

This  first  section  relates  to  New-York,  and  directs  that  no  person  practising 
physic  or  surgery  in  the  city  of  New-York,  to  continue  it  without  proving  that 
he  has  already  practised  two  years,  or  has  been  duly  licensed. 

An  Act  to  amend  the  law  to  prevent  the  bringing  in  and  spreading 
of  infectious  diseases  in  this  State  ;  passed  March  28,  1797 — L. 
h  A.  131. 

An  Act  for  electing  Representatives  for  this  State  in  the  house  of 
representatives  of  the  Congress  of  the  United  States  of  America ; 
passed  March  28,  1797— L.  k.  A.  145. 

By  this  act  the  state  is  divided  into  ten  districts,  and  the  city  and  county, 
(except  the  seventh  ward)  is  made  one  district,  and  entitled  to  one  representa- 
tive in  congress.  Repealed  so  far  as  relates  to  counting,  canvassing  and 
returning  votes  given  at  the  election,  by  the  act  of  March  27, 1799—668. 

An  Act  for  the  establishment  and  support  of  a  Lazaretto  ;  passed 
March  30,  1797— L.  &l  A.  156. 

This  act  appropriates  $4500  to  the  building  of  a  lazaretto  on  Governor's 
Island.  The  fifth  section  of  this  act  repealed  by  the  act  of  February  23,  1798, 
p.  273  ;  and  that  part  of  the  act  which  relates  to  the  masters  and  wardens  of 
the  port  of  New-York  excepted ;  the  act  is  repealed  bv  the  act  of  March  30, 
179a,  p.  499. 

An  Act  to  authorize  the  raising  moneys  by  tax  in  the  City'and 
County  of  New-York,  for  defravinc:  the  public  expense  ;  passed 
April  3,  1797— L.  k  A.  215. 

Annual  tax  law. 

4 


26 


TITLE  OF  acts:. 


An  Act  to  amend  an  act,  entitled  an  act  for  the  more  eflectual 
prevention  of  fires,  and  to  regulate  buildings  in  the  City  of  New- 
York,  and  to  repeal  and  explain  certain  acts  therein  mentioned  ; 
passed  April  3,  1797— L.  h  A.  223. 

This  act  is  amendatory  to  the  act  of  April  8,  1796,  p.  332,  and  both  this  act 
and  the  act  amended,  arc  repealed  by  the  act  of  March  27,  1801—2  Kent  and 
R.  p.  114. 

An  Act  to  amend  an  act,  entitled,  an  act  for  the  better  settlement 
and  relief  of  the  poor;  passed  April  3,  1797— L.  h  A.  227. 

Masters  of  vessels,  under  this  act,  to  report  their  passengers  under  a  penalty 
of  fifty  dollars. 

An  Act  for  the  payment  of  certain  officers  of  government  and 
other  contingent  expenses  ;  passed  April  3,  1797 — L.  &  A.  231 . 

This  act  makes  provision  for  the  confinement  of  prisoners  in  the  gaol  of  the 
city  and  county  of  New- York,  until  the  state  prison  is  finished. 

An  Act  to  amend  the  act,  entitled  an  act  making  provisions  for 
the  more  due  and  convenient  conducting  public  prosecutions  at  the 
Court  of  Oyer  and  Terminer,  and  Gaol  Delivery  and  General 
Sessions  of  the  peace  ;  passed  January  8,  1798 — L.  h  A.  244. 

By  this  act  the  city  and  county  of  New-York  is  added  to  the  District  of 
Kings,  Queens,  Suffolk,  Richmond,  and  Westchester. 

An  Act  to  authorize  the  Methodist  Episcopal  Church  in  the  City 
of  New-York  to  elect  additional  trustees ;  passed  January  19, 
1798— L.  &A.  245. 

An  Act  constituting  a  Commissioner  in  the  City  of  New-York, 
to  do  certain  acts  appertaining  to  the  office  of  Chancellor,  and  a 
judge  of  the  Supreme  Court,  and  for  other  purposes  therein  men- 
tioned ;  passed  January  26,  1798 — L.  h  A.  247. 

The  recorder  of  New-York  made  a  commissioner  ex-officio  under  certain 
statutes,  and  the  clerks  of  the  supreme  court  may  tax  costs  and  sign  judgment 
rolls  in  that  court. 

An  Act  providing  for  the  expense  of  the  Health  office  in  the  City 
of  New- York;  passed  February  23,  1798— L.  k.  A.  273. 

The  eighth  and  part  of  the  ninth  sections  of  the  act  to  prevent  the  bringing 
in  and  spreading  of  infectious  diseases  in  the  state,  repealed,  and  also  part  of 
the  fifth  section  of  the  lazaretto  act. 

An  Act  to  amend  an  act,  entitled  an  act  concerning  Sheriffs,  and 
the  service  and  return  of  process,  and  the  act,  entitled  an  act  con- 
cerning Coroners;  passed  February  24,  1798— L.  &  A. 

This  act  directs  the  sheriff  of  New- York  to  enter  into  a  bond  in  the  penal 
sum  of  g20,000.  Repeals  the  first  section  of  the  act  of  February  24  ,1787.  con- 
cerning coroners. 


TITLE  OF  ACTS.  2T 

An  Act  more  effectually  to  discover  and  apprehend  offenders  in 
the  City  of  New-York  ;  passed  March  2,  1798— L.  &:  A.  282. 

This  act  establishes  a  police  office,  and  makes  the  chancellor,  judges  of  the 
supreme  court,  mayor,  recorder,  and  every  of  the  aldermen  judges,  and  autho- 
rizes the  appointment  of  two  special  justices,  and  clerk. 

An  Act  concerning  the  General  Sessions  of  the  peace,  and  Gaol 
for  offenders,  in  and  for  the  City  and  County  of  New-York  ;  passed 
March  2,  1798— L.  h  A.  280. 

Alters  the  terms  of  the  general  sessions,  and  makes  the  bridewell  a  jail  for 
the  safe  keeping  of  prisoners.     It  had  been  used  before  for  state  criminals. 

An  Act  supplementary  to  the  act,  entitled,  an  act  for  the  regulation 
of  Pilots  and  Pilotage  for  the  Port  of  New-York,  and  for  other 
purposes  therein  mentioned;  passed  March  16,  1798 — L.  &  A. 
312. 

This  act  is  limited  to  the  first  day  of  March,  1800. 

Au  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen,  of  the 
City  of  New-York,  to  order  the  raising  of  monies  by  tax,  for  the 
maintenance  of  the  poor,  and  for  defraying  the  other  contingent 
expenses  arising  in  the  City  and  County  of  New- York ;  passed 
March  20,  1798— L.  h  A.  330. 
Annual  tax  law. 

An  Act  to  incorporate  the  Firemen  of  the  City  of  New- York  ; 
passed  March  20,  1798— L.  &i  A  332. 

The  corporation  by  this  act  is  limited  to  the  first  Tuesday  of  April,  1818.  It 
is  incorporated  in  the  revision  of  Kent  and  Radcliff,  vol.  2,  p.  530. 

An  Act  to  amend  the  act  making  alterations  in  the  Criminal 
Laws  of  the  State,  and  for  erecting  State  Prisons  ;  passed  March 
30,  1798— L.  h  A.  383. 

This  act  relates  principally  to  the  state  prison.  It  authorizes  the  inspectors 
of  the  prison  to  appoint  the  keeper,  who  was  before  appointed  by  the  governor 
and  council.  It  designates  the  person  who  may  visit  the  prison,  the  authority 
of  the  inspectors  in  relation  to  the  government  of  the  convicts  and  the  penalties 
for  escaping  from,  &c. 

An  Act  to  incorporate  the  United  States  Insurance  Company  of 
the  City  of  New-York  ;  passed  March  20,  1798— L.  &  A.  336. 

Amended  February  16, 1805—4  W.  p.  11. 

An  Act  to  provide  against  infectious  and  pestilential  diseases  ; 
passed  March  30,  1798 — L.  &  A.  403. 

By  this  act  commissioners  of  the  health  office  are  directed  to  be  appointed, 
and  their  power  and  duties  detailed.  Regulations  are  made  in  respect  to 
nuisances  in  the  city  of  New-York.  Vessels  subject  to  quarantine.  Passen- 
gers under  quarantine  regulations,  &c.  Appropriates  money  for  the  buildings 
on  Bedlows  Island,  and  for  building  a  Lazaretto  in  such  place  as  shall  hereafter 


28  TITLE  OF  ACTS. 

be  designated,  and  declares  the  health  officer  shall  be  physician  to  the  Laza- 
retto, and  that  the  commissioners  shall  have  the  superintendence  of  it  in  other 
respects.  It  repeals  the  proviso  in  the  first  section  of  the  act,  entitled  an  act 
for  the  more  effectual  prevention  of  fires  in  the  city  of  New-York.  And  it 
repeals  the  act,  entitled,  an  act  to  prevent  the  bringing  and  spreading  of  infec- 
tious diseases  in  this  stale,  passed  the  fourth  of  May,  1764,  page  117;  and  the 
act,  entitled,  an  act  to  amend  the  act,  entitled  an  act  to  prevent  the  bringing  in 
and  spreading  of  infectious  distempers  in  this  state,  passed  March  27,  1794, 
page  144;  and  the  act,  entitled,  an  act  to  prevent  the  bringing  in  and  spreading 
of  infectious  distempers  in  this  state,  passed  April  1.  1796,  page  305;  and  the 
act,  entitled  an  act  to  amend  the  act,  entitled  an  act  to  prevent  the  bringing  in 
and  spreading  of  infectious  diseases  in  this  state,  passed  February  10,  1797, 
page  367;  and  the  act,  entitled,  an  act  to  amend  the  law  to  prevent  the  bring- 
ing in  and  spreading  of  infectious  diseases,  passed  March  6,  1797,  and  the 
act  for  the  establishment  of  the  Lazaretto,  passed  March  30,  1797.  So  far 
as  they  respect  the  city  and  county  of  New-York,  and  except  so  much  as  the 
last  enacting  clause  as  relates  to  the  master  and  wardens  of  the  port  of  New- 
York.  The  thirteenth  section  of  this  act  is  repealed  by  the  act  of  March  1, 
1799,  page  595. 

An  Act  relative  to  the  public  buildings  in  the  city  of  Albany,  and 
for  erectinc:  a'»i  Arsenal  in  the  City  of  New-York  ;  passed  March 
30,  179S~L.  h  A.  418. 

An  Act  to  incorporate  the  Stockholders  of  the  New- York  Insu- 
rance company;  passed  April  2,  1798— L.  &  A.  432. 

Amended  April  4,  1800,  session  23,  chapter  84.  Amended  again  March  6, 
1801,  session  24,  chapter  19. 

An  Act  concerning  certain  Streets,  Wharves,  and  Piers,  and  the 
Alms  House  and  Bridewell,  in  the  City  of  New-York;  passed  April 
179S— L.  &i  A.  439. 

This  act  repeals  the  thirty-fourth  and  thirty-sixth  sections  of  the  act  of  the 
seventh  of  March,  1798. 

An  Act  subjecting  goods  sold  at  auction  to  additional  duty  for 
the  support  of  foreign  poor,  in  the  City  of  New-York  ;  passed  April 
4,  1798— -L.  &,  A.  484. 

An  Act  concerning  the  State  Prison  ;  passed  February  15,  1799 
— 4L.  UA.  577. 

An  Act  for  the  relief  of  Jabez  Johnson  ;  passed  February  22, 
1799-— 4L.  &jA.  580. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  provide  against  in- 
fectious and  pestilential  Diseases;  passed  February  25,  1799 — 4  L. 
&  A.  587. 

This  act  authorizes  and  directs  the  purchase  of  land  upon  Staten  Island,  and 
appropriates  money  for  the  erection  of  a  "  Marine  Hospital."  It  repeals  the  I3fb 
section  of  the  act  of  March  SO,  1799— 4  L.  &  A.  418. 

An  Act  to  incorporate  the  Societv  of  the  Lving-in  Hospital  of  the 
City  of  New-York  ;  passed  Marchll,  1799-^4  L.  h  A.  608. 


TITLE  OF  ACTS.  29 

An  Act  relative  to  the  Supreme  Court ;  passed  February  1,  1799 
—4  L.  &  A.  558. 

The  clerk  of  the  supreme  court  in  New-York  is  authorized  and  directed  to  des- 
troj  certain  papers  filed  in  his  office  before  the  9th  of  July,  1776. 

An  Act  to  regulate  the  passing  of  Carriages,  Waggons,  Carts,  and 
Sleighs,  by  each  other,  in  the  City  of  New-York  ;  passed  March  23, 
1799_4L.  hA.  648. 

This  act  directs,  that  carriages,  waggons,  carts,  and  sleighs,  meeting-  each  other, 
shall  take  the  left  of  the  street  or  road.  It  is  incorporated  in  the  revision  of  2  K. 
&  R.  110. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  regulating  Elec- 
tions ;  passed  March  27,  1799—4  L.  &  A.  668. 

This  act  provides,  that  the  ballots  f()r  governor,  senators,  kc.  shall  be  counted 
and  estimated  by  the  inspectors  of  the  election.  It  repeals  the  act  of  March  28, 
1797,  so  far  as  it  relates  to  the  canvassing  and  returning  votes. 

An  Act  to  regulate  the  Salting,  Repacking,  and  Inspection  of 
Beef  and  Pork  for  exportation  ;  passed  March  29,  1799 — 4  L.  & 
A.  708. 

By  this  act  five  inspectors  and  repackers  of  Beef  and  Pork,  and  an  inspector 
general,  for  the  city  and  county  of  New-York,  who  is  authorized  and  directed  to 
superintend  the  repackers,  are  to  be  appointed,  and  their  duly  and  powers  are  de- 
tailed.    This  act  repeals  all  former  acts  upon  the  same  subject  matter. 

An  Act  concerning  the  Court  of  Probates  ;  passed  March  30, 
1799— 4L.  &i  A.  724. 

This  act  authorizes  and  directs  the  judge  of  the  court  of  probates  at  Albany  to 
deliver  to  the  surrogate  of  the  city  of  New-York  certain  documents.  By  a  former 
act  the  court  of  probates  was  directed  to  be  held  in  Albany  ;  and  the  preamble  of 
this  act  recites,  that  the  papers  and  documents,  in  that  court,  principally  relate  to 
the  southern  district,  and  the  removal  of  them  would  be  inconvenient.  The  judge 
of  the  court  of  probates  is  authorized  and  directed,  by  this  act,  to  deliver  to  tlio 
surrogate  of  the  city  and  county  of  New- York  certain  moneys  and  papers,  kc. 

An  Act  to  invest  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  with  adequate  powers  in  relation  to  certain 
objects  of  importance  to  the  Health  of  the  said  City  :  passed  March 
30,  1799— 4L.  &^A.  733. 

An  Act  for  supplying  the  City  with  pure  and  wholesome  Water  ; 
passed  April  2,  1799—4  L.  &t  A.  810. 

Supplementary  act  March  25,  1G08— 5  Web.  £94. 

An  Act  further  to  amend  the  laws  relative  to  the  Militia  of  this 
State  :  passed  March  30,  1799—4  L.  &  A.  739. 

By  this  act  the  militia  of  this  state  is  arranged  into  five  divisions,  and  every  house- 
holder and  occupant  in  the  city  of  New- York  is  required  to  give  the  name  of  every 
male,  between  the  age  of  eighteen  and  forty-five,  under  the  penalty  often  dollars  ; 
and  it  repeals  so  much  of  the  act  of  9th  of  March,  1793,  and  the  act  of  the  1  Ith  of 
April,  1796,  as  respects  the  collection  of  fines  by  regimental  court  martials. 


:K)  TITLE  OF  ACTS. 

An  Act  for  the  Assessment  and  Collection  of  Taxes  ;  passed  April 
],  1799— 4  L.  &iA.  747. 

By  this  act  three  commissioners  in  each  county  of  the  state  are  directed  to  be 
appointed  by  the  person  administering  the  g-overnment,  and  special  provisions  are 
introduced  in  the  act,  relative  to  the  collection  of  ta^es  in  the  city  of  New-York ; 
and  the  act,  entitled,  an  act  for  the  more  effectual  collection  of  taxes  in  the  city 
and  county  of  New- York,  so  far  as  it  directs  the  mode  of  assessment  by  the  asses- 
sors, is  repealed. 

An  Act  directing  the  mode  of  graurting  Letters  of  Administration 
in  certain  cases,  where  persons  shall  die  intestate,  in  the  City  of  New- 
York;  passed  April  1,  1799—4  L.  &t  A.  784. 

This  act  directs  administration,  in  certain  cases,  to  be  granted  to  the  chamber- 
lain of  the  city,  and  allows  him  five  percent,  commission.  It  also  authorizes  the 
special  justices  to  take  possession  of  the  effects  of  intestates,  to  prevent  waste  and 
embezzlement,  until  administration  shall  be  granted. 

An  Act  to  amend  the  Act,  entitled,  an  Act  for  the  better  settle- 
ment of  the  Poor  ;  passed  April  1,  1799—4  L.  &  A.  803. 

This  act  relates  particularly  to  the  duties  of  masters  of  vessels  from  foreign 
countries  in  relation  lo  passengers,  &.c.  and  imposes  a  penalty  of  500  dollars  ;  and 
repeals  the  act  of  April  3,  1797,  in  relation  to  the  poor. 

An  Act  for  the  Inspection  of  Flour  and  Meal ;  passed  April  2, 
1799_4L.  fc  A.  821. 
This  act  repeals  all  former  acts  upon  this  subject. 

Annual  Tax  Law  ;  passed  April  3,  1799 — 4  L.  &  A.  830. 

An  Act  to  raise  a  Sum  of  Money  for  the  use  of  the  State  by  Tax, 
and  for  the  further  support  of  Government;  passed  April  3,   1799 
D.  &iA.  834. 


This  act  authorizes  the  corporation  to  borrow  45,000  dollars  on  the  credit  of  the 
state,  towards  discharging  the  expense  incurred  in  relieving  the  distresses  of  the 
city,  occasioned  by  the  late  epidemic. 

An  Act  to  amend  the  Charter  of  the  Reformed  Protestant  Dutch 
Church  in  the  Citv  of  New-York  ;  passed  February  15,  1800—5 
L.  &i  A.  5.  " 

An  Act  to  cede  to  the  United  States  the  jurisdiction  of  certain 
Islands  situate  in  and  about  the  harbour  of  New-York  ;  passed 
February  15,  1800—5  L.  &  A.  7. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen  of  the  City 
of  New-York,  to  order  the  raising  of  moneys  by  tax  for  the  main- 
tenance of  the  poor,  and  for  defraying  the  other  contingent  expenses 
arising  in  the  City  and  County  of  New- York,  and  for  other  pur- 
poses ;  passed  March  7,  1800 — 5  L.  Sj  A.  22. 

An  Act  to  revive  the  laws  for  the  support  of  the  public  Hospital 
in  the  City  of  New-York  ;  passed  March  7,   1800—5  L.  &A.  24. 


TITLE  OF  ACTS.  31 

The  act  revives  the  act,  entitled,  "  an  act  for  the  payment  of  certain  ofRcers  of 
government,  and  other  contingent  expenses,"  (April  11,  1796,)  for  the  term  of  fire 
years  from  February  1,  1800. 

An  Act  respecting  the  Clerkship  of  the  Circuit  Court  and  Sittings 
in  the  City  atid  County  of  New-York;  passed  March  7,  1800 — 5  L. 
&  A.  25. 

By  this  act  the  clerk  of  the  city  of  New- York  is  not  to  be  ex  officio  clerk  of  the 
ciicuit,  nor  the  clerk  of  the  supreme  court  to  be  clerk  of  the  sittings,  but  both  of 
these  officers  to  be  united  in  one  person,  and  his  appointment  is  provided  for,  and 
his  fees  and  compensation  given.  This  act  is  incorporated  in  the  revision  of  1  K. 
&:R.  172. 

An  Act  to  explain  and  amend  an  Act,  entitled,  an  Act  more  effec- 
tually to  regulate  the  Port  of  New-York  ;  passed  March  14,  1800 
—5  L.  &i  A.  40. 

This  act  explains  and  extends  the  act,  entitled,  "  an  act  more  effectually  to  re- 
gulate the  port  of  New-York  ;'  passed  April  1,  1796—3  Gr.  317. 

An  Act  to  alter  the  time  for  the  Election  of  Charter  Officers  in  the 
City  of  New-York  ;  to  lengthen  the  Terms  of  the  Court  of  Com- 
mon Pleas ;  to  give  additional  power  to  Special  Justices  for  pre- 
serving the  peace  in  the  City  and  County  of  New-York  ;  to  reduce 
the  several  Laws  relating  particularly  to  the  said  City  and  County 
into  one  Act,  and  for  other  purposes  ;  passed  March  21,  1800 — 5 
L.  &lA.  50. 

By  this  act  the  election  for  charter  officers  was  changed  fiom  the  £9th  of  Sep- 
tember to  the  first  Tuesday  in  November ;  and  provision  is  made  in  the  act,  in 
case  of  neglect  to  appoint  inspectors  of  elections,  the  election  siiall  be  had  and  made 
in  the  manner  directed  by  the  charter.  The  mayor  and  recorder  are  authorized  to 
hold  the  court  of  common  pleas  without  the  presence  of  any  aldermen,  and  the 
terms  of  the  court  are  lengthened  to  five  days;  and  the  court  of  general  sessions  is 
directed  to  be  held  on  the  first  Tuesdays  of  June,  August,'  October,  December, 
February,  and  April,  in  each  year,  and  may  continue  until  the  Tuesdays  next  fol- 
lowing the  commencement  of  each  session.  This  act  repeals  all  former  acts  and 
parts  of  acts  that  come  within  the  pur\'iew  of  this  act. 

An  Act  concerning  certain  Debts  and  Demands  in  the  City  of  New- 
York,  and  to  amend  an  Act,  entitled,  an  Act  concerning  the  recovery 
of  Debts  and  Demands  to  the  value  of  Ten  Pounds  in  the  City  of 
New-York  ;  passed  March  21,  1800—5  L.  &t  A.  60. 

This  act  gives  the  court  jurisdiction  for  the  recovery  of  demands  to  the  value  of 
ten  pounds,  and  to  determine  all  actions  brought  by  or  against  seamen  in  the  mer- 
chants' service,  and  ovvoers  and  masters  of  ships  or  vessels  for  wages  and  non-per- 
formance of  contracts.     Incorporated  in  the  revision  of  2  K.  &  R.  HI. 

An  Act  to  continue  in  force  the  Act,  entitled,  an  Act  supplemen- 
tary to  the  Act,  entitled,  an  Act  for  the  regulation  of  Pilots  and  Pi- 
lotage for  the  Port  of  New-York,  and  for  other  purposes  therein 
mentioned  ;  passed  March  25,  1800 — 5  L.  k,  A.  101. 

The  act  of  the  16th  of  March,  179o,  is  revived  and  continued  in  force  until  the 
first  day  of  March,  1802,  by  this  act. 

An  Act  to^  amend   an  Act,   entitled,   an  Act  to  Incorporate  the 


32  •  TITLE  OF  ACTS. 

Stockholders  of  the  New-York  Insurance  Company  ;  passed  April 
4,  1800—5  L.&iA.  174. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  purchase  certain  Hi)uses  and  Lots  of  Ground 
which  are  in  such  a  state  as  to  endanger  the  health  of  the  said  City  ; 
passed  April  4,  1800—5  L.  &  A.  178. 

By  the  preamble  of  this  act  it  appears,  certain  houses  and  buildings,  between 
Front  and  South-streets,  on  the  west  side  of  Fly-market  and  its  slip,  had  become 
the  receptacles  of  filth,  &c.  This  act  authorizes  the  corporation  of  the  city  to  pur- 
chase and  remove  them,  &,c. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  regulate  the  Salting, 
Repacking,  and  Inspection  of  Beef  and  Pork  for  exportation  ;  pas- 
sed April  4,  1800—5  L.  k,  A.  IBS. 

This  act  authorizes  the  appointment  of  three  additional  packers  for  the  city  and 
county  of  New- York,  and  details  the  mannerof  inspecting  beef  and  pork,  the  place 
where  and  the  fees  for  inspecting- ;  and  repeals  so  much  of  the  act,  entitled,  "  an 
act  to  regulate  the  salting,  repacking,  and  inspection  of  beef  and  pork  for  exporta- 
tion,'' as  comes  within  the  purview  of  this  act. 

An  x\ct  to  amend  the  Act,  entitled,  an  Act  concerning  the  Supreme 
Court;  passed  April  4,  1800—5  L.  &  A.  193. 

By  this  act  the  July  term  is  directed  to  be  held  in  New- York  on  the  third  Tues- 
day of  July,  and  may  be  extended  one  week. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  Inspection  of 
Flour  and  Meal ;  passed  April  4,  1800—5  L.  h  A.  196. 

This  act  gives  the  penalty  for  false  taring  casks,  and  authorizes  the  inspectors  to 
search  for  flour  and  meal  shipped  contrary  to  law. 

An  Act  supplementary  to  the  Act,  entitled,  an  Act  to  amend  an 
Act,  entitled,  an  Act  to  provide  against  Infectious  and  Pestilential 
Diseases  ;  passed  April  7,  1800—5  L.  k,  A.  252. 

An  Act  concerning  the  Supreme  and  Circuit  Courts,  and  for  other 
purposes  ;  passed  April  8,  1800—5  L.  h  A.  267. 

This  act  directs  the  supreme  court  to  be  held  in  New-York,  on  the  third  Tues- 
day of  July  in  every  year,  and  the  term  to  continue  to,  and  include,  the  Saturday 
of  the  following  week;  and  repeals  the  act  of  April  4,  1800 — 5  L.  &  A.  193. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  regulate  the  Culling 
of  Staves  and  Heading;  passed  April  8,  1800 — 5  L.  h  A.  275. 

This  act  provides  for  the  appointment  of  an  inspector  general,  and  details  his 
power  and  duties;  and  repeals  so  much  of  the  act  of  March  7,  1788,  as  comes 
within  the  purview  of  this  act. 

An  Act  for  the  Payment  of  certain  Officers  of  Government,  and 
for  other  purposes  ;  passed  April  8,  1800—5  L.  &  A.  285. 

This  act  directs  certain  lotteries  to  be  drawn  in  the  city  of  New-York  in  pur- 
«tiance  of  an  act,  entitled,  ''  an  act  for  opening  and  improving  certain  great  roads 
within  this  state." 


TITLE  OF  ACTS.  33 

An  Act  for  the  relief  of  the  Mayor,  Aldermen,  and  Commonalty 
of  the  City  of  New-York ;  passed  February  16,  1801—2  K.  &  R. 
146. 

An  Act  concerning  Apprentices  and  Servants  ;  passed  February 
20,  1801—1  Kent  and  R.  186. 

This  act  is  incorporated  in  the  revised  laws  of  1813 — 1  vol.  133.  Amend- 
ed by  the  act  April  8,  1808,  6  VV.  p.  363.  Repealed  by  the  general  repealing 
act  Dec.  10,  1823.  '  ^ 

An  Act  for  the  better  support  of  the  Public  Hospital  in  the  City 
of  New-York;  passed  March  20,  1801—1  Kent  and  R.  201. 

Amended  by  the  act  of  March  2,  1805,  4  W.  p.  22.  Repealed  by  the  act  of 
March  14,  1806— W.  4  vol.  p.  386. 

An  Act  concerning  Sheriffs  and  their  duty,  in  respect  to  Process, 
Arrest,  and  Keeping  Prisoners  ;  passed  March  20,  1801 — Session 
24,  1  Kent  and  R.  204. 

An  Act  for  the  Inspection  of  Lumber ;  passed  March  21,  1801 
—1  Kent  and  R.  chap.  59.  25*7. 

This  act  is  incorporated  in  the  revision  of  1813;  and  this  act  is  expressly  re- 
pealed by  the  seventh  section,  see  1  Rev.  L.  p.  233.  Repealed  by  the  act  of 
March  30,  1805,  chap.  61,  4  W.  p.  107.  Repealed  again  by  Iha  act  of  March 
27,  1807.  5  W.  p.  81. 

An  Act  for  relief  against  Absconding  and  Absent  Debtors  ;  passed 
March  21,  180J— Session  24,  1  Kent  and  R.  236. 

Authorizing  the  recorder  of  New- York  to  perform  the  duties  of  a  judge  in  re- 
lation thereto.     Incorporated  in  the  revision  of  1813.  Rev.  L.  vol.  1.  p.  157. 


An  Act  to  regulate  the  exportation  of  Flax  Seed,  and  the  com- 
pensation to  Measurers  of  Grain  ;  passed  March  21,  1801 — 1  K.  & 
R.  230.  ^ 

This  act  is  incorporated  in  the  revision  of  1813,  vol.  1.  p.  151.  And  is  re- 
pealed by  the  repealing  act  of  December  10,  1828— Revised  Statutes  p.  129.  * 

t 
An  Act  to  regulate  the  Trial  of  Issues,   and   for  returning  able 
and  sufficient  Jurors;   passed  March  31,  18C1— 24  Session,  1  Kent 
and  R.  375. 

The  twelfth  and  thirteenth  sections  relates  to  the  making  and  delivering  jury- 
lists,  and  the  twenty-eighth  section  to  persons  exempted  from  being  jurors  in  the 
city  of  New- York. 

An  Act  for  regulating  Elections  ;  passed  March  24,  1801— Ses- 
sion  24,  1  Kent  and  R.  264. 

The  second  section  amended  April  7,  180S,  4  W.  p.  6^2,  Repealed  March  29, 
1813,  2.  Rev.  L.  p.  259.  section  29. 

An  Act  for  the  regulation  of  the  Election  of  Representatives  for 


34  TITLE  or  ACTS. 

this  State  in  the  House  of  Representatives  of  the   Congress  of  the 
United  States  ;  passed  March  24,  1801 — 1  Kent  and  R.  283. 
Amended  by  the  act  of  March  30,  1802.     3  W.  p.  52. 

An  Act  to  prevent  unjust  imprisonrtient  by  securing  the  benefit 
of  the  writ  of  Habeas  Corpus  ;  passed  March  24,  1801 — 24  Ses- 
sion, 1  Kent  and  R.  286. 

Requiring  the  recorder  of  the  city  of  New-York  to  perform  the  duties  of  a 
judge  in  relation  to  the  act. 

An  Act  concerning  the  Supreme  Court;  passed  March  24,  1801 
—24  Session,  1  Kent  and  R.  345. 

The  recorder  of  New  York  empowered  to  perform  certain  duties  of  a  judge  of 
the  supreme  court. 

An  i\ct  declaring  the  Powers  of  the  Courts  of  General  Sessions 

of  the  Peace,   and  the  Powers  and  Duties  of  the  Justices  of  the 

Peace  ;  passed  March  24,  1801 — I  Kent  and  R.  302. 

Authorizing  the  major,  recorder,  and  aldermen  to  perform  the  duties  of  justices, 
and  instituting  the  special  sessions.  ^ 

An  Act  relative  to  the  Court  of  Probates,  the  Office  of  Surro- 
gate and  the  granting  of  Administrations  ;  passed  March  27,  1801 — 
24  Session,  1  Kent  and  R.  317. 

Directing  the  appointment  and  duties  of  the  chamberlain  of  the  city,  in    rela- 
tion to  the  administration  of  estates  of  intestates,  &c.;  and  special  justices  author 
ized  to  take  charge  of  intestates'  estates.     Amended  bv  the  act  of  March  31, 
i80£,  3  W.  p.  31. 

An  Act  relative  to  the  Duties  and  Privileges  of  Towns  ;  passed 
March  27,  1801—24  Session,   1  Kent  and  R.  325. 

The  seventeenth  section  authorizes  the  common  council  in  New-York  to  make 
rules  concerning  fences;  and  the  eighteenth  section  to  appoint  keepers  of 
pounds. 

^     An  Act  more  effectually  to  discover  and  apprehend  offenders  in 
the  City  of  New-York  ;  passed  March  27,  1801— 2  K.  &i  R.  120. 

This  act  relates  to  the  police  office,  in  the  city  of  New-York. 

An  Act  for  the  more  effectual  prevention  of  Fires,  and  to  regulate 
Buildings,  in  the  City  of  New-York ;  passed  March  27,  1801 — 2 
K.  &R.  114. 

This  act  repeals  the  act  of  April  8,  1796,  and  the  amendment  thereto,  pass- 
ed April  3, 1797,  and  the  first  seven  sections  of  this  act  are  repealed  by 
the  act  of  June  1,  ]8i2~G  W.  p.  405  ;  and  new  provisions  made.  The  sec- 
tions repealed  relate  to  buildings. 

An  act  relative  to  Gaols;  passed  March  30,  1801 — Session  24, 
1  Kent  and  R.  359. 

By  the  first  section,  bridewell  to  be  under  the  charge  of  the  corporatioo  of 
New-York,  to  appoint  a  keeper  and  his  duties  ;   and  by  the  seventh,  eighth,  and 


TITLE  OF  ACTS.  35 

ninth  sections,  penalties  are  imposed  for  permitting  spirituous  liquors  to  be  used 
in  the  ^ol  or  bridewell. 

An  Act  to  provide  against  Infectious  and  Pestilential  Diseases ; 
passed  March  30,  1801—1  Kent  and  R.  361. 

The  fifth  section  empawers  the  mayor  and  recorder  of  New- York,  to  designate 
vessels  subject  to  quarantine.  Supplementary  act  February  28,  1804— S  W.  p. 
469. 

An  Act  relative  to  Wharves,  in  the  City  of  New- York ;  passed 
March  31,  1801— 2K.&R.  123. 

This  act  establishes  the  rates  of  wharfage  and  cranage,  and  details  the  mode 
of  levying  them,  and  imposes  penalties  for  incumbering  the  wharves  and  ob- 
structing the  docks. 

An  Act  concerning  the  Mayor's  Courts  of  the  several  Cities, 
and  the  Courts  of  Common  Pleas  and  General  Sessions  of  the 
Peace  in  the  several  Counties  of  this  State  ;  passed  April  2,  1801 
— 1  Kent  and  R.  393. 

Declaring"  the  terms,  jurisdiction,  and  who  shall  hold  the  mayor's  court,  general 
.and  special  sessions  of  the  city  of  New-York. 

An  Act  to  regulate  Sales  by  Public  Auction,  and  to  prevent  Stock 
Jobbing;  passed  April  2,  1801—1  Kent  and  R.  408. 

Amended  hv  the  act  of  April  6,  1804,  3  W.  p.  474.  Amended  by  the  act  of 
March  16,1810,  6  W.  p.  15. 

An  Act  to  regulate  the  Ferry  and  rates  of  Ferriapce,  between  the 
City  of  New-York  and  the  Island  of  Nassau  ;  passed  April  2,  1801 
— 2K.&R.  335. 

Amended  April  2.  1810—6  W.  p.  .36. 

An  Act  for  the  encouragement  of  Literature ;  passed  April  3,  1801 

—2  K,  k,  R.  243. 

Authorizing  four  successive  lotteries  for  raising  the  sum  of  one  hundred 
thousand  dollars,  for  the  promotion  of  literature. 

An  Act  to  divide  this  State  into  Counties  ;  passed  April  3,  1801 
— 2K.  &R.  1. 

By  this  act  the  state  is  divided  into  thirty  counties,  and  the  boundaries  of 
the  county  of  New- York,  is  given. 

An  Act  for  regulating  the  Buildings,  Streets,  Wharves,  and  Slips, 
in  the  City  of  New-York  ;  passed  April  3,  1801— 2  K.  k  R.  126. 

Amended  by  the  act  of  March  24,  1809,  5  W.  p.  475.  Further  amended  by 
the  act  of  June  18,  1812—5  W.  p.  548. 

An  Act  relative  to  the  Harbour  Master  and  Master  and  Wardens 
and  Pilots,  of  the  Port  of  New- York  ;  passed  April  3,  1801— 2  K. 
&:R.133. 


36  TITLE  OF  ACTS. 

Amended  bv  the  act  of  March  19,  1802—3  W.  p.  25.  Repealed  by  the  act 
of  April  4,  1805—4  W.  p.  181,  sec.  22.  See  the  act  of  February  12,  1808—5 
W.  p.  254. 

An  Act  for  the  Inspection  of  Flour  a|id  Meal ;  passed  April  3, 
1801-— 1  Kent  and  R.  424. 

Amended  March  4,  1808,  5  W.  p.  261.  Further  amended  November  8,  5  W. 
p.  438. 

An  Act  for  giving  Relief  in  cases  of  Insolvency  ;  passed  April  3, 
1801 — 24  Session,  1  Kent  and  R.  428. 

Empowering-  the  recorder  of  the  city  of  New-York  to  perform  the  duties  of  a 
judg-e  in  relation  to  the  act.  Amended  by  the  act  February  25,  1805.  4  W.  p. 
19.  Amended  Aprils,  1807—5  VV.  p.  117.  sec.  8.  Amended  February  6,  1808 
—5  W.  p.  250      Repealed  by  the  act  of  April  3,  181 1—6  W.  p.  200. 

An  Act  relative  to  the  State  Prison  ;  passed  April  3,  1801 — 1 
Kent  and  R.  414. 

Mayor  and  recorder  of  New- York  tog-ether  with  others,  desis^nated  by  the  act 
to  make  rules  for  the  government  of  the  state  prison,  and  the  guard  of  the  prison 
placed  under  the  direction  of  the  mayor.  Amended  by  the  act  of  March  30, 
1802,  3  VV.  p.  37. 

An  Act  for  the   Repacking   and  Inspection  of  Beef  and  Pork  ; 

passed  April  4,  1801—1  Kent  and  R.  452. 

Amendatory  act  April  5,  1802,  3  W.  p.  49.  Repealed  April  6,  1803,  3  W. 
p.  343. 

An  Act  relative  to  the  election  of  Charter  Officers,  and  relative 
to  Weigh  Masters,  in  the  City  of  New-York ;  passed  April  7,  1801 
— 2K.  &R.  140. 

By  this  act  charter  officers  are  to  be  appointed  or  chosen  on  the  third  Tuesday 
of  November,  and  to  be  sworn  into  office  the  first  Monday  of  December  there- 
after. This  act  is  amended  by  the  act  of  April  3,. 1802—3  VV.  p.  173.  Repeal- 
ed by  the  act  of  April  5,  1804—3  W.  p.  426,  except  the  last  section. 

An  Act  to  lay  a  Duty  on  strong  Liquor,  and  for  regulating  Inn« 
and  Taverns ;  passed  April  7,  1801—1  K.  &  R.  484. 

Repealed  by  the  repealing  act  of  December  10,  1828,  3  vol.  Rev.  Stat.  p.  129. 

An  Act  concerning  the  Inspection  of  Pot  and  Pearl  Ashes ;  pas- 
sed April  7,  1801—1  Kent  and  R.  522. 

Amended,  and  the  eighth  section  repealed  by  the  act  of  March  3,  1802,  3  W. 
p.  43. 

An  Act  for  the  more  speedy  Recovery  of  Debts,  to  the  value  of 
Twenty-five  Dollars ;  passed  April  7,  1801—1  K.  &R.  491. 

Repealed  by  the  act  of  April  1 1 .  1808.  5  W.  S7.'>. 

An  Act  for  the  Settlement  of  the  Poor ;  passed  April  8,  1801  — 
1  Kent  andR.  566. 


TITLE  OF  ACTS.  37 

The  eigliteenlh  section  declares  that  upon  appeals  under,  tliis  act,  the  justices 
in  the  city  of  New-York  shall  upon  request,  state  the  case  specially  and  at 
larg-ethat  the  aggrieved  party  may  have  a  remedy  thereon  in  the  supreme  court, 
and  by  the  ihirty-fifth  section,  the  common  council  may  compound  for  penalties 
under  the  act.     Amended  by  the  act  of  March  24,  1809.  5  W.  p.  471. 

An  Act  for  the  Assessment  and  Collection  of  Taxes ;  passed 
April  8,  1801 — 24  Session,  1  Kent  and  R.  547. 

The  mayor,  recorder,  and  aldermen  to  act  as  supervisors  of  tVie  city  and  county 
of  New-York,  and  the  chamberlain  as  treasurer.  The  first  section  repealed  by 
the  act  of  March  28,  1805,  4  W.  p.  71,  relative  to  the  valuation  of  property 
in  the  citv  of  New-York. 

An  Act  for  the  more  effectual  collection  of  Taxes  in  the  City  and 
County  of  New-York  ;  passed  April  8,  1601—2  K.  &  R.  144. 

An  Act  to  direct  certain  Monies  to  be  applied  to  the  use  of  Free 
Schools,  in  the  City  of  New-York  ;  passed  April  8,  1801—2  K.  h 
R.  253. 

This  act  directs  the  appropriation  of  certain  monies  to  the  vestry  trustees, 
&c.  of  congregations  therein  mentioned,  pursuant  to  an  act,  entitled  an  act  for 
the  encouragement  of  schools,  passed  the  9th  of  April,  1795;  and  the  net, 
entitled  an  act  to  raise  a  sum  of  money  for  the  use  of  this  state  by  tax,  and  for 
the  further  support  of  government,  passed  the  3d  day  of  April,  1799. 

An  Act  for  the  relief  of  the  Collectors  of  taxes,  in  the  City  and 
County  of  New-York  ;  passed  February  8,  1802—3  W.  172. 

An  Act  concerning  the  Court  of  Chancery  ;  passed  February 
23,  1802—3  W.  27. 

Provisions  for  holding  the  court  in  New- York,  and  the  register's  oflSce,  in  the 
said  city.  The  proviso  contained  in  the  first  section  of  the  act,  repealed  by 
the  act"'of  April  4,  1801—3  W.  p.  455. 

An  Act  relative  to  the  Circuit  Court  and  Sittings  in  the  Cit}^  and 
County  of  New-York  ;  passed  March  8,  1802 — 3  W.  29. 

This  act  to  be  in  force  until  May  1,  1804,  and  no  longer.  Continued  in  force 
until  January  1,  1808,  by  act  of  April,  1804—3  Webster,  p.  457.  Revived  in- 
definitely February  12,  1808—5  W.  p.  251. 

An  Act  to  enable  the  Trustees  of  the  New- York  Society  Library, 
to  increase  the  yearly  sums  payable  on  the  shares  of  said  Library  ; 
passed  March  8,  1802—3  W.  42. 

An  Act  to  alter  the  name  and  style  of  two  Religious  Societies, 
known  by  the  name  and  style  of  the  Second  Baptist  Church,  in  the 
City  of  New-York;  passed  March  8,  1802—3  W.  43. 

An  Act  to  incorporate  the  Stockholders  of  the  Marine  Insunance 
Company  of  New-York  ;  passed  March  IG,  1 802 — 3  W.  147. 


38  TITLE  OF  ACTS 

Amendatory  act,  scares  reduced  to  fi»ty  dollars,  &.c.  March  14, 1806 — 4  Web- 
Bier,  p.  377. 

An  Act  to  amend  an  act,  entitled  an  act  relative  to  the  Harbour 
Master,  and  Master  and  Wardens  and  IJilots  of  the  Port  of  New- 
York,  passed  April  3,  1801  ;  passed  March  19,  1802—3  W.  25. 

Repealed  April  4,  1805 — 4  Webster,  p.  181,  section  22.  The  substance  of 
this  act  is  incorporated  in  the  revision  of  1813— vol.  2,  p.  461. 

An  Act  to  incorporate  the  Washington  Mutuallnsurance  Company 
of  the  City  of  New- York;  passed  March  30,  1802—3  W,  152. 

An  Act  to  amend  an  act  for  regulating  the  elections  of  represen- 
tatives of  this  State,  in  the  house  of  representatives  of  the  Congress 
of  the  United  States;  passed  March  30,  1S02— 3  W.  32. 

By  the  first  section,  the  county  of  Kings,  the  county  of  Richmond,  together 
with  the  first  second,  third  and  fifth  wards,  of  the  city  of  New- York,  shall 
compose  the  second  district.  Repealed  by  the  act  of  March  30,  1804 — 3  W. 
p.  468. 

An  Act  relative  to  the  State  Prison  Guard,  and  for  other  purpo- 
ses ;  passed  March  30,  1802  —  3  W.  37. 

Empowering  the  mayor  of  New-York  to  inspect  the  guard,  and  report  to  the 
governor,  &.c.  All  persons  belonging  to  the  state  prison  guard,  by  this  statute, 
were  exempt  from  all  arrest  on  civil  process — the  statute  is  obsolete. 

An  Act  for  erecting  in  the  City  of  New- York,  a  Prison,  for 
sohtary  confinement ;  passed  March  30,  1802 — 3  W.  39. 

An  Act  supplementary  to  the  act,  entitled  an  act  relative  to  the 
Court  of  Probates,  the  office  of  Surrogate,  and  the  granting  of 
administrations;  passed  March  31,  1802 — 3  W.  31. 

An  Act  apportioning  the  representation  in  the  Legislature  accord- 
ing to  the  rules  prescribed  by  the  Constitution  ;  passed  March  31, 
1802—3  W.  33. 

Under  this  act  the  city  and  county  of  New- York  is  entitled  to  nine  represen- 
tatives. 

An  Act  to  incorporate  the  society  for  the  relief  of  poor  Widows, 
with  small  Children  ;  passed  April  2,  1802—3  W.  156. 

To  continue  in  force  until  the  1st  of  March,  1810.  See  the  act  of  re-incor- 
poration, passed  April  5,  1810— Laws  of  1810,  p.  165. 

An  Act  to  amend  an  act,  entitled,  an  act  for  the  encouragement  of 
literature  ;  passed  April  3,  1802—3  W.  165. 

An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen,  of  the 
City  of  New-York,  to  order  the  raising  of  monies  by  tax,  for  the 


TITLE  OF  ACTS.  39 

maintenance  of  the  poor,  and  for  the  defraying  the  expenses  arising 
in  the  City  and  County  of  New-York,  and  for  other  purposes  ; 
passed  April  3,  1802— 3  W.  173. 

Seventy-five  thousand  dollars. 

An  Act  to  amend  an  act  for  the  repacking  and  inspection  of 
Beef  and  Pork  ;  passed  April  5,  1S02— 3  W.  49. 

Repealed  by  the  act  of  April  6,  1803—3  W.  p.  343. 

An  Act  for  the  payment  of  certain  officers  of  government,  and  for 
other  purposes  ;  passed  April  5,  1602 — 3  W.  181. 

The  last  section  relates  to  the  recorder's  fees  of  the  city  of  New-York,  &c. 
making  the  first  motion  fee  payable  at  the  time  of  issuing  the  first  writ,  but 
this  section  was  limited  to  expire  on  the  first  day  of  May,  1C04.  The  last 
section  relating  to  the  filing  and  recordmg  of  transcripts  of  elections  in  the 
office  of  the  secretary  of  state,  is  repealed  March  29,  1813 — ;2  Revised  Laws 
of  1813,  p.  259,  see.  29. 

An  Act  to  amend  the  act,  entitled,  "  an  act  concerning  the 
Inspection  of  Pot  and  Pearl  Ashes;  passed  April  7,  1802 — 3W. 
48. 

Passed  March  3,  1802. 

An  Act  establishing  an  allowance  to  the  Commissioner  of  Excise 
in  the  City  and  County  of  New-York,  and  for  other  purposes  there- 
in mentioned;  passed  February  22,  1803 — 3W.  224. 

Allowed  to  retain  five  hundred  dollars,  as  a  yearly  salary. 

An  Act  to  increase  the  number  of  Wards  in  the  City  of  New- 
York,  and  to  equalize  the  same  :  passed  March  8,  1803 — 3  W.  225. 

This  act  increases  the  number  of  wards  to  nine,  and  gives  the  boundaries  of 
each. 

An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen,  of  the 
City  of  New-York,  to  order  the  raising  of  monies  by  tax,  for  the 
purpose  therein  mentioned;  passed  March  10,  1803--3  W.  227. 

Seventy-five  thousand  dollars. 

An  Act  to  increase  the  number  of  Auctioneers  in  the  City  of  New- 
York  ;  passed  March  31,  1803— 3  W.  228. 
Six  in  addition. 

An  Act  to  invest  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  with  adequate  powers  in  relation  to  certain 
objects  of  importance  to  the  police  and  health  of  the  said  City ; 
passed  April  2,  1803 — 3W.  229. 

To  continue  in  force  for  three  years  and  no  longer,  section  20,  and  authorizes 
fines  to  one  hundred  dollars  to  be  imposed.     This  act  continued  without  limita- 


40  TITLE  OF  ACTS. 

tion  of  time,  April  2,  1806 — 4  Webster,  p.  516,  eection  6,  except  only  those 
particulars  in  which  this  act,  (of  Aprils,  1806,  here  referred  to,)  or  any  act 
passed  at  that  session,  (1806)  may  vary  the  provisions  thereof. 

An  Act  to  regulate  the  curing,  packing  and  inspection  of  Beef 
and  Pork,  to  be  exported  from  the  State  of  New- York  ;  passed 
Aprils,  1803— 3  W.  342. 

Second  section  provides  for  the  appointment  of  an  inspector  in  New-York. 
This  act  repeals  all  former  laws  upon  the  subject,  section  17.  Repealed 
by  act  of  April  9,  1804—3  W.  p.  630.  Repealed  again  March  27,  1807—3  W. 
p.  83. 

An  Act  supplementary  to  an  act,  entitled,  an  act  to  provide  against 
infectious  and  pestilential  Diseases;  passed  February  28,  1804 — 3 
W.  469. 

An  Act  regulating  the  election  of  Representatives  for  this  State, 
in  the  house  of  Representatives  of  the  Congress  of  the  United 
States;  passed  March  20,  1804— 3  W.  468. 

By  the  first  section,  the  county  of  Kings,  the  county  of  Richmond,  and  the 
city  and  county  of  New- York,  shall  compose  the  second  and  third  districts,  and 
shall  elect  two  representatives.     Repeals  the  former  act  of  March  30,  1802. 

An  Act  for  establishing  Courts  of  Justices  of  the  peace  in  and  for 
the  City  of  New-York  ;  passed  March  24,  1804—3  W.  437. 

Justices  (now  Marine)  court.  Amended  April  4,  1806 — 4  W.  520.  The  law 
and  the  amendatory  act  repealed  and  the  courts  re-organizcd,  April  6,  1807 — 5 
W.  153,  section  62. 

An  Act  to  continue  the  act,  entitled,  an  act  relative  to  the  Circuit 
Courts  and  Sittings,  in  the  City  and  County  of  New-York,  and  for 
other  purposes;  passed  April  4,  1804 — 3W.  457. 

The  act  of  March  16,  1803,  in  relation  to  returning  able  and  sufficient  jurors, 
not  to  extend  to  any  court  to  be  i^eld  in  the  city  and  county  of  New-York. 

An  Act  to  regulate  the  Duties  and  Fees  of  certain  Officers  in  the 
Chancery,  and  for  other  purposes ;  passed  April  4,  1804 — 3  W.  458. 

An  Act  relative  to  the  election  of  Charter  Officers  in  the  City  of 
New-York;  passed  April  5,  1804— 3 W.  426. 

Amended  March  18,  1818—5  W.  275.  Third  section  of  v.'hich  extends  the 
time  of  holding  the  polls  to  three  days. 

An  Act  to  enable  the  Corporation  of  the  City  of  New-York  to 
raise  moneys  by  tax;  passed  April  6,  1804 — 3W.  432. 

Seventy-five  thousand  dollars. 

An  Act  to  amend  an  act,  entitled,  an  act  to  regulate  Sales  by 
public  Auction,  and  to  prevent  Stock  Jobbing  :  passed  April  6,  1604 
—3  W.  474. 


TITLE  OF  ACT??.  4  [ 

The  act  amended  may  be  found  in  Kent  and  Rad.  vol.  1,  p.  40o.  Amended 
by  the  act  of  March  28,1 806^  4  W.  419 — and  continued  in  force  until  March 
1,  1808. 

An  Act  to  incorporate  the  German  Society  in  the  City  of  New- 
York,  for  charitable  purposes  ;  passed  April  6,  1804 — 3  W.  606. 

An  Act  for  the  Repacking  and  Inspection  of  Beef  and  Pork  ; 
passed  April  9,  1804—3  W.630. 

This  act,  by  the  twenty-sixth  section,  repeals  all  former  laws  upon  the  same 
subject.     Repealed  so  far  as  it  relates  to  the  appointment  and  duties  of  tappers, 
&c.  by  the  act  of  March  28, 180.5— 3  W.  66.     The  eleventh  and  twelfth  sections 
repealed  by  the  act  of  March  ID,  1808—5  W.  287. 
• 

An  Act  for  the  relief  of  the  poor  in  the  City  of  New-York  ; 
passed  January  30,  1805—4  W.  4. 

The  corporation  of  the  city  are  authorized  by  this  act,  to  take  down  the 
wooden  bastions  at  the  Battery,  for  fuel  for  the  poor. 

An  Act  to  incorporate  the  Provident  Society,  the  Mutual  Benefit 
Society,  the  Benevolent  Society,  the  Albion  Benefit  Society,  of  the 
City  of  New-York,  and  the  Social  Society  of  the  City  of  Schenec- 
tady ;  passed  February  16,  1805 — 4  W.  7. 

Act  of  incorporation  to  remain  in  force  fifteen  years.  Name  of  "  The 
"Albion  Benefit  Society,"  altered  to  '*  The  Albion  Benevolent  Society  of  the 
city  of  New-York  ;'  March  7,  1806—4  W.  353. 

An  Act  to  amend  an  act,  entitled,  an  act  to  incorporate  the  Stock- 
holders of  the  United  Insurance  Company,  in  the  City  of  New- 
York  ;  passed  February  16,  1805     4  W.  11. 

By  this  act  the  corporation  is  extended  to  the  1st  of  May,  1815. 

An  Act  to  amend  an  act,  entitled,  an  act  for  skiving  Relief  in  cases 
of  Insolvency,  and  for  other  purposes  ;  passed  February  25,  1805 — 
4W.  19. 

In  relation  to  the  publication  of  notices  in  the  American  Citizen  and  the  laws 
of  the  state.  Tlie  first  section  of  this  act  repealed  by  the  act  of  April  3,  1811 
—6  W.  200. 

An  Act  for  the  relief  of  Hannah  Shipley;  passed  March  2,  1805 
— 4W.  22. 

An  Act  to  continue  the  provision  of  the  public  Hospital  in  thf 
City  of  New-York  ;  passed  March  2,  1805—4  W.  22. 
Repealed  by  the  act  of  March  14,  1806—4  W.  386. 

An  Act  to  enable  the  Trustees  of  the  German  Lutheran  Church 
in  the  City  of  New-York  to  sell  the  lot  of  land  therein  mentioned  ; 
passed  March  9,  1 805 — 4  W.  40. 

An  Act  relative  to  the  Public  Health  in  the  City  of  New-York ; 
passed  March  9,  1805—4  W.  43. 

6 


42  TITLE  OF  ACTS. 

The  last  section  amended  by  the  act  of  March  21,  1806—4  W.  410  ;  and  the 
powers  of  commissioners  of  health  transferred  to  the  common  council  of  New- 
York.     Further  amended  by  supplementary  act  of  March  21,  1806 — lb.  411. 

An  Act  to  repeal  so  much  of  the  Act,  entitled,  an  Act  for  the  Re- 
packing and  Inspection  of  Beef  and  Pork,  as  relates  to  the  office  of 
Tappers  and  Examiners;  passed  March  28,  1805-— 4  W.  66. 

The  act  of  April,  1804,  so  far  as  it  relates  to  tappers  and  examiners  of  beef  and 
pork,  is  repealed  by  this  act. 

An  Act  to  enable  the  Corporation  of  New-York  to  raise  moneys 
by  tax  ;  passed  March  28,  1805—4  W.  71. 

Annual  tax  law. 

An  Act  for  the  Relief  John  Berry;  passed  March  29,  1805 — 4 
W.  145. 

Relative  to  a  title  to  a  lot  of  ground  in  Nassau-street,  New-York. 

An  Act  for  the  Inspection  of  Lumber  ;  passed  March  30,  1805— 
4W.  107. 

Providing-  for  the  appointment  of  inspectors  and  superintendant  in  the  city  of 
New-York  ;  and  to  continue  in  force  two  years. 

An  Act  to  incorporate,  the  Stockholders  of  the  Commercial  Insu- 
rance Company  of  New-York  ;  passed  April  4,  J  805 — 4W.  147. 

An  Act  relative  to  the  Master  and  Wardens  and  Pilots  of  the 
Port  of  New-York  ;  passed  April  4,  1805— 4  W.  176. 

This  act  repeals  all  former  acts  and  laws  relative  lo  masters  and  wardens,  and 
the  regulation  of  branch  and  dcputj'  pilots.  The  15th  section  amended  by  the  act 
of  March  21,  1806,  (4W.3<)fi,)  and  the  rates  of  pilota^^e,  in  certain  cases,  fixed. 
The  first  section  of  the  act  repealed  by  the  act  of  February  12,  1808 — 3  W.  254. 

An  Act  to  incorporate  the  Society  instituted  in  the  City  of  New- 
York  for  the  establishment  of  a  Free  School,  for  the  Education  of 
poor  Children  who  do  not  belonc^  lo,  or  are  not  provided  for  b}^,  any 
Religious  Society  ;  passed  April  9,  1805 — 4  W.  265. 

Amendatory  act  of  April  2,  1806,  '^4  W.  515,)  authorizing  the  trustees  fo  hold 
their  monthly  meetings  on  any  day  of  the  week  they  may  deem  convenient,  instead 
of  the  second  Monday  of  the  month,  as  by  this  act  required. 

An  Act  to  incorporate  the  Society  of  Tammany,  or  Columbian 
Order,  in  the  City  of  New- York  ;  passed  April  9,  1805—4  W.  278. 

An  Act  for  the  Payment  of  certain  Officers  of  Government,  and 
for  other  purposes  ;  passed  April  10,  1805 — 4  W.  306. 

The  31st  section  confirms  the  appointment  of  inspectors  of  election  made  on  the 
3d  of  April,  1 805,  instead  of  the  1  st  of  April,  1 805. 

An  Act  to  incorporate  the  Trustees  of  the  Marine  Hospital,  called 
the  Sailor's  Snug  Harbour,  in  the  City  of  New-York  ;  passed  Feb- 
ruary 6 ,  1 806—4  W.  323. 


TITLE  OF  ACTS.  ,  43 

An  Act  concerning  the  Mayor's  Court  and  Court  of  General  Ses- 
sions of  the  Peace  in  the  City  of  New- York  ;  passed  February  7, 
1806— 4  W.  329. 

In  case  of  the  prevalence  of  any  pestilence,  the  mayor  or  recorder  may  direct 
to  holding  the  said  courts  at  other  places  than  the  City-hall. 

An  Act  to  enable  the  Corporation  of  the  City  of  New- York  to 
raise  moneys  by  tax;  passed  February  17,  1806 — 4W.  332. 

One  hundred  and  tvrenty  thousand  dollars. 

An  Act  to  alter  the  name  of  the  Albion  Benefit  Society  in  the  City 
of  New-York;  passed  March  7,  1806— 4  W.  353. 

An  Act  to  repeal  an  Act,  entitled,  an  Act  appointing  Trustees  of 
the  Estate  of  Peter  R.  Kissam,  late  of  the  City  of  New- York,  de- 
ceased;  passed  March  14,  1806— 4  W.  363. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the 
Stockholders  of  the  Marine  Insurance  Company  of  New-York  ; 
passed  March  14,  1806— 4  W.  377. 

Act  of  incorporation  passed  March  16,  1802 — 3  W.  147. 

An  Act  to  incorporate  the  Trustees  of  the  First  Protestant  Epis- 
copal Charity  School  in  the  City  of  New-York  ;  passed  March  14, 
1806— 4  W.  378. 
Amended  April  4,  1807—5  W.  142. 

An  Act  for  the  better  and  more  permanent  Support  of  the  Hos- 
pital in  the  City  of  New-York  ;  passed  March  14,  1806— 4  W.  386. 

This  act  repeals  the  act  of  March  2,  1805,  continuing  the  provision  to  the  hos- 
pital, and  makes  an  annual  appropriation,  until  1857,  from  the  state  treasury,  for 
tlie  use  of  this  hospital,  of  12,500  dollars,  charg-eableupon  the  duties  arising  from 
auction  sales  in  this  city. 

An  Act  to  incorporate."  The  Associated  Body  of  House  Carpen- 
ters of  the  City  of  New-York  ;"  passed  March  14,  1806 — 4  W. 
387. 

The  act  to  remain  in  force  until  the  1st  of  April,  1816. 

An  Act  respecting  the  Free  School  of  St.  Peter's  Church  in  the 
City  of  New-York;  passed  March  21,  1806— 4  W.  393. 

An  Act  to  explain  an  Act,  entitled,  an  Act  relative  to  the  Master 
and  Wardens  and  Pilots  of  the  Port  of  New-York  ;  passed  March 
21,  1806— 4  W.  396. 

See  the  act  referred  to  of  4th  April,  1C05— 4  W.  176. 

An  Act  explanatory  of  the  last  section  of  an  Act,  entitled,  an  Act 
relative  to  the  Public  Health  of  the  City  of  New- York ;  passed  March 
21,  1806— 4  W.  410. 

See  the  act  referred  to  of  9th  March  1805—4  W.  43. 


44  TITLE  OF  ACTS. 

An  Act  supplementary  to  the  Acts  respecting  the  Public  Health ; 
passed  March  21,  .1806— 4  W.  41 1. 

By  this  act  vessels  from  the  Mississippi  and  West  Indies,  arriving  at  the  port  of 
New-York  between  the  first  June  and  first  of  October,  to  remain  at  quarantine 
four  days,  or  a  longer  time,  as  the  health-officer  shall  prescribe. 

An  Act  fixing  the  place  from  whence  to  compute  the  Sheriff's 
Mileae:e  Fees  for  the  County  of  Delaware,  and  for  other  purposes  ; 
passed  March  28,  1806—4  W.  419. 

This  act  establishes  certain  fees  for  the  clerk  of  the  police  of  the  city  of  New- 
York,  which  are  incorporated  in  the  revision  of  1813. 

An  Act  authorizing  the  Gaoler  of  the  Gaol  of  the  City  and  Coun- 
ty of  New- York  to  receive  certain  Fees  ;  passed  April  2,  ]  806 — 4 
W.  441. 

This  act  is  incorporated  in  the  revision  of  1815,  1  v.  p.  4S3.  and  the  fees  in- 
creased. 

An  Act  to  amend  an  act,  entitled,  "  An  Act  to  incorporate  the 
Society  instituted  in  the  City  of  New-York,  for  the  establishment  of 
a  Free  School  for  the  education  of  such  poor  children  as  do  not  be- 
long to,  or  are  not  provided  for,  by  any  religious  society  ;  "  passed 
April  2,  1806— 4  W.  513. 

See  the  act  referred  to  of  April  9,  1805,  4  W.  p.  265. 

An  Act  for  the  better  Government  of  the  City  of  New-York,  and 
to  grant  additional  Powers  and  Rights  to  the  Mayor,  Aldermen, 
and  Commonalty  thereof,  and  to  explain,  continue,  and  amend  the 
respective  acts  therein  mentioned;  passed  April  2,  1806 — 4  W. 
514. 

Authorizes  penalties  of  ^'250,  and  their  ordinances  to  continue  for  three  years, 
unless  repealed,  enacted  for  a  shorter  time,  or  repealed  by  the  Icj^islature.  These 
provisions  are  re-enacted  in  the  revised  act  of  181S,  and  by  the  nineteenth  sec- 
tion the  act  is  made  a  public  act.  and  to  be  construed  beneficially  to  the  corpo- 
ration, to  promote  good  order,  &:c.  Repealed  April  0,  1807,  5  W.  155.  sec. 
62.      See  the  act  referred  to  of  March  24,  1804,  S  W.  p.  437. 

An  Act  to  amend  an  act,  entitled,  **  An  Act  for  establishing 
Courts  of  Justices  of  the  Peace  in  and  for  the  City  of  New- York  ; 
passed  April  4,  1806—4  W.  520. 

An  Act  to  incorporate  a  Company  in  the  City  of  New-York  by 
the  name,  style,  and  description  of  the  "Eagle  Fire  Company  of 
New-York ;  "  passed  April  4,  1606—4  W.  565. 

An  Act  concerning  the  appointment  of  Inspectors  of  Elections  in 
the  Cities  of  New-York,  Albany,  and  Schenectady,  and  for  other 
purposes  ;  passed  April  7,  1806 — 4  W.  632. 

Authorizes  the  appointment  of  inspectors  of  elections  at  any  time,  between  the 
first  and  tenth  days  of  April.  The  statute  March  24,  1808,  1  W.  p.  264.  .sec.  2, 
required  the  appointment  to  be  mode  on  the  first  Tuesday  of  April  in  every 
year. 


TITLE  OF  ACTS.  45 

An  Act  to  incorporate  the  New-York  Mason's  Society  ;  passed 
February  20,  1 807—5  W.  8. 

An  Act  to  incorporate  the  Phoenix  Insurance  Company  of  New- 
York;  passed  February  20,  1807—5  W.  13. 

Amended  by  the  act  of  March  25,  1014.     27  Session,  Laws  of  1814,  p.  68. 

An  Act  for  building  a  Free  Bridge  across  a  part  of  Harlaem 
River;  passed  February  20,  1807—5  W.  17. 

That  is  to  Great  Barn  Island. 

An  Act  respecting  Elections  in  the  City  of  New- York;  passed 
February  20,  1807—5  W.  18. 

One  section  only  fixing  the  time  of  the  opening-  of  the  polls,  at  or  before  ten 
A.  M.,  and  of  closing  nt  sun  down.  Repealed  March  39,  1813,  2  vol.  Rev.  L. 
of  1813,  p.  259.  sec.  29. 

An  Act  for  the  encouragement  of  Free  Schools  in  the  City  of 
New-York;  passed  February  27,  1807—5  W.  20. 

An  Act  to  incorporate  the  Ancient  Briton's  Benefit  Society  of 
the  City  of  New-York;  passed  February  27,  1807—5  W.  23. 

An  Act  to  enable  the  Corporation  of  the  City  of  New-York  to 
raise  Moneys  by  Tax  ;  passed  March  13,  1807—5  W.  42. 

One  hundred  and  twenty  thousand  dollars. 

An  Act  to  regulate  the  Fishing  with  Set  Nets  in  Hudson  River, 
and  to  prevent  the  obstructions  in  the  Navigation  thereof ;  passed 
March  20,  1807—5  W.  64. 

Amended  by  the  act  March  24,  1809,  5  W.  p.  468.  This  act  and  the  amend  - 
atory  act  repealed  by  the  act  of  April  11,  1815.  Laws  of  l}n5,  p.  148, 

An  Act  to  cede  the  Jurisdiction  of  certain  Lands  in  this  State  to 
the  United  States;  passed  March  20,  1807 — 5  W.  67. 

See  supplementary  act  of  March  18,  1808.  p.  ?178. 

An  Act  for  the  Inspection  of  Lumber  ;  passed  March  27,  1807 
—5  W.  81. 

Repealed  by  the  repealing  act  of  December  10, 1828,  3  Fev.  L.  p.  132,  and  all 
acts  amending-  the  same.     Incorporated  in  the  revision  of  181.3,  1  vol.  p.  237. 

An  Act  to  organize  a  Third  Regiment  within  the  First  Brigade 
of  Artillery  of  the  State,  passed  March  27,  1807 — 5  W.  87. 

Extending-  the  term  of  service  in  the  first,  second,  and  third  reg-iments,  to  seven 
years. 

An  act  empowering  the  Mayor,  Aldermen,  and  Comonalty  of  the 
City  of  New-York,  to  appoint  a  Clerk  of  the  Common  Conncil  ; 
passed  March  27,  1807 — 5  W.  91. 


4G  TITLE  OF  ACTS. 

The  legislature  reserving  the  right  at  any  time  to  alter  or  repeal  this  act. 
This  act  is  incorporated  in  the  Rev.  L.  of  1813.  2  vol.  p.  404. 

An  Act  to  incorporate  the  Hibernian  Provident  Society  of  the 
City  of  New-York;  passed  April  3,  1807—5  W.  105. 

An  Act  relative  to  Improvements,  touching  the  laying  out  of 
Streets  and  Roads  in  the  City  of  New- York,  and  for  other  purposes ; 
passed  April  3,  1807—5  W.  125. 

Appointing-  Governeur  Morris,  Simeon  De  Witt,  and  John  Rutherford,  commis- 
sioners of  streets  and  Roads.  Amended  by  the  act  of  March  24,  1809,  5  W.  p. 
475;  and  also  by  the  act  of  June  16,  1812,  6  W.  p.  518,  by  which  the  ninth, 
tenth,  and  eleventh  sections  are  repealed. 

An  Act  to  Incorporate  the  New-York  Society  of  Journeymen  Ship- 
wrights ;  passed  April  3,  1807 — 5  W.  130.  " 

An  Act  to  erect  a  Powder  Magazine  within  the  City  of  New- 
York  ;  passed  April  3,  1807—5  W.  134. 

Exten(ied  March  11,  1808.'  See  p.  275,  same  vol. 

An  Act  to  amend  an  act,  entitled,  "  An  Act  to  incorporate  the 
Trustees  of  the  first  Protestant  Episcopal  Charity  School,  in  the 
City  of  New- York  ;  passed  April  4,  1807—5  W.  142. 

An  Act  for  establishing  Courts  of  Justices  of  the  Peace  and  As- 
sistant Justices,  in  and  for  the  City  and  County  of  New-York;  pas- 
sed April  6,  1807—5  W.  155. 

This  act  repeals  the  act  of  March  22,  1804.  and  the  act  amending  the  said  act.- 
Amended  March  18,  1808,  same  vol.  p.  281. 

An  Act  to  Incorporate  the  Caledonian  Society  of  he  City  of 
New-York;  passed  April  6,  1807—5  W.  216. 

An  Act  to  Incorporate  the  Mutual  Aid  Society  of  tl^e  City  cf 
New-York  ;  passed  April  6,  1807—5  W.  217. 

An  Act  to  Incorporate  the  Orphan  Asylum  Societ}^  in  the  City 
of  New-York  ;  passed  April  7,  1807—5  W.  236. 

This  act  of  incorporation  has  been  several  times  amended.  By  the  act  of 
March  SO,  1811,  6  W.  p.  175,  the  annual  sum  of  five  hundred  dollars  was  given 
to  it  arising  out  of  auction  duties.  By  the  act  of  April  21,  1828,  certain  rights 
were  vested  in  the  society,  and  again  by  the  act  of  April  25,  1832  p.  473. 

An  Act  for  the  Inspection  of  Fish  ;  passed  April  7,  1807 — 5  AV. 

-6(«38. 

Repealed  March  19,  1808,  same  vol.  p.  284,  sec.  16. 

An  Act  to  amend  an  act,  entitled,  "  An  Act  for  the  better  govern- 
ment of  the  City    of  New- York,  and  to  grant    certain    additional 


TITLKS  UF  ACTS.  47 

Powers  and  Rights  to  the  Mayor,  Aldermen,  and  Commonalty 
thereof,  and  to  explain,  continue,  and  amend  the  respective  acts  there- 
in mentioned ;  "  passed  April  2,  1806;  passed  January  26,  1808 
—5  W.  250. 

This  statute  consists  of  one  section  only,  reserving  the  waters  from  the  east- 
side  of  Coenties-slip  to  the  west-side  of  Whiteliall-slip,  for  the  sole  use  of  sloops 
and  other  market  vessels,  from  March  20,  to  December  20,  each  year. 

An  Act  to  revive  and  continue  the  act,  entitled,  "An  Act  rela- 
tive to  the  Circuit  Courts  and  Sittings  in  the  City  and  County  of 
New-York;  passed  February  12,  1808—5  W.  251. 

Revives  them  for  au  indefinite  period 

An  Act  supplementary  to  an  act,  entitled,  "  An  Act  relati\'e  to  the 
Harbour  Master,  and  Master  and  Wardens  and  Pilots,  of  the  Port 
of  New-York  ;"  passed  April  3,  1801  ;  passed  February  ^12,  1808 
—5  W.  254. 

This  act  was,  no  doubt,  intended  as  supplementary  to  the  act  April  4, 1C05,  4. 
W.  p.  176,  which  repeals  the  act  of  1808. 

An  Act  to  Incorporate  the  Society,  formed  in  the  State  of  New- 
York,  for  promoting  the  Manumission  of  Slaves,  and  protecting 
such  of  them  as  have  been  or  mav  be  liberated  ;  passed  February 
19,  1808-5  W.  256. 

An  Act  to  amend  the  Act,  entitled,  an  Act  for  the  Inspection  of 
Flour  and  Meal  ;  passed  March  4,  1808—6  W.  261. 

Supersedes  the  power  of  the  inspectors  of  New-York  to  appoint  a  deputy  in 
Kings  county.     Repealed  8th  November,  1808 — 5  W.  438. 

An  Act  constituting  a  Clerk  for  the  Court  of  Oyer  and  Terminer 
and  General  Gaol  Delivery,  and  General  Sessions  ot  the  Peace,  in 
and  for  the  City  and  County  of  New-York  ;  passed  March  11,  1808 
—5  W.  265. 

An  Act  to  authorize  the  purchase  of  a  Lot  of  Ground,  for  the  site 
of  a  Powder  Magazine  in  the  City  of  New-York,  and  for  other  pur- 
poses; passed  March  11,  1808— 5W.275. 

This  act  amended  and  confirmed  by  the  14th  section  of  the  act  of  March  29, 
1809— 5  W.  522. 

An  Act  for  Dividing  the  Seventh  Ward  of  the  City  of  New-York, 
and  for  extending  the  time  ©f  Charter  Elections  in  the  said  City  ; 
passed  March  18,  1808— 5  W.  275. 

The  polls  of  the  election  to  remain  open  three  days. 

An  Act  to  enable  the  Corporation  of  the  City  of  New- York  to 
raise  Moneys  by  Tax  ;  passed  March  18,  1808—5  W.  276. 
One  hundred  and  thirty  thousand  dollars. 

An  Act  supplementary  to  an  Act,  entitled,  an  Act  to  Cede  the  Ju- 


48  tiTLE  OF  ACTS. 

risdiction  of  certain  Lands  in  this  State  to  the  United  States  (passed 
March  20,  1807) ;  passed  March  18,  1808—5  W.  278. 

The  act  of  which  this  is  supplementary,  was  passed  March  20,  1807,  and  relates 
to  land  covered  with  water  between  Long-Island  and  Staten-Island,  and  to  Ellis 
and  Oyster-Islands  in  the  harbour  of  New-York.   \ 

An  Act  to  amend  the  Act,  entitled,  an  Act  for  establishing  Courts 
of  Justices  of  the  Peace  and  Assistant  Justices,  in  and  for  the  City 
and  County  of  New-York,  (passed  April  6,  1807) ;  passed  March 

18,  1808— 5  W.  281. 
See  the  act  referred  to  of  April  6,  1807—5  W.  155. 

An  Act  for  the  Inspection  of  Fi^  ;  passed  March  19,  1*808 — 5 
W.  282. 

This  act  repeals  the  act  of  the  7th  of  April,  1 807,  entitled,  "  an  act  for  the  in 
spection  of^sh." 

An  Act  for  the  erection  of  a  State  Arsenal  in  the  City  of  New- 
York ;  passed  March  19,  1808—5  W.  285. 
Amended  by  the  act  of  November  8,  1808 — 5  W.  439. 

An  Act  to  amend  the  Act,  entitled,  an  Act  for  the  Repacking  and 
Inspection  of  Beef  and  Pork  ;  passed  March  19,  1808 — 5  W.  287. 
This  act  repeals  the  1 1  th  and  12th  sections  of  the  act  amended. 

An  Act  for  the  better  regulation  of  auctioneers  in  the  Cities  of 
New-York  and  Albany;  passed  March  25,  1808 — 5  W.  291. 

By  the  1st  section  of  this  act  auctioneers  to  have  but  one  store,  and  that  to  be 
designated. 

An  Act  supplementary  to  an  Act,  entitled,  an  Act  for  supplying 
the  City  of  New-York  with  pure  and  wholesome  water;  passed 
March  25,  1808— 5  W.  294. 

The  Manhattan  Company. , 

An  Act  for  the  more  speedy  Collection  of  Taxes  and  Assessments 
in  the  City  of  New-York  ;  passed  April  1,  1808—5  W.  297. 

This  act  authorizes  and  directs  tlie  sale  of  lands  of  non-residents  for  taxes,  in 
certain  cases. 

An  Act  to  contribute  to  the  Defence  of  this  State,  and  for  other 
purposes;  passed  April  6,  1808—5  W.  312. 

The  3d  section  of  this  act  is  incorporated  in  the  revision  of  1813,  vol.  1,  p.  151. 
See  this  vol.  title  "  Records." 

This  act  authorizes  the  removal  of  banks,  records,  &c.  in  certain  specified  cases. 

An  Act  declaring  the  Punishment  of  certain  Crimes,  and  for  other 
purposes  ;  passed  April  8,  1808 — 5  W.  336. 

The  17th  section  authorizes  convicts  to  be  sent  to  the  fortifications. 

An  Act  authorizing  the  purchase  of  an  additional  quantity  of 


TITLE  OF  ACTi>.  49 

Ordnance,  Anns,  and  Ammunition,  for  tlie  use  of  this  State,  and 
for  other  purposes  ;  passed  April  8,  1808 — 5  W.  348. 

By  the  last  section,  public  ground,  adjacent  to  tlie  government-house,  granted 
to  the  corporation. 

An  Act  to  divide  the  State  into  Districts  for  the  Election  of  Re- 
presentatives in  the  Congress  of  the  United  States  ;  passed  April  S, 
1808— 5  W.  250, 

By  the  first  section  the  city  and  county  of  Ne^v-Yovk,  and  the  counties  ot" 
Kichmond  and  Rockland,  compose  the  second  district. 

Repealed  by  the  act  of  June  10,  1812,(6  W.  459J  and  the  districts  reorganized. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  settlement  and 
relief  of  the  Poor,  and  for  other  purposes;  passed  April  8,  1808 — 
o  W.  363. 

This  act  transfers  the  power  of  the  mayor,  recorder,  and  aldermen  of  the  city 
of  New-York,  to  the  coniuiissioners  of  the  almshouse  and  bridewell,  in  relation  to 
binding  out  apprentices,  «&lc.  under  the  4th  section  of  the  act,  entitled,  "  an  act 
concerning-  apprentices  and  servants.''  * 

This  act  is  incorporated  in  the  Rev.  Laws  of  1813,  2d  vol.  440. 

An  Act  for  the  more  speedy  recovery  of  Debts  to  the  value  of 
Tvventy-fiveDollars  ;  passed  April  11,  1808—5  W.  375. 

Amended  February  2,  1809,  same  vol.  p.  440.     Do.  March  30,  1809,  do.  5C8. 

An  Act  to  direct  the  Secretary  to  procure  a  State  standard  of 
Long  Measure,  and  for  other  purposes  ;  passed  April  Jl,  1808 — 5 
W.  404. 

Repealed  by  the  act  of  March  24,  1  G09— 5  W.  46G. 

An  Act  to  vest  certain  powers  in  the  Recorders  of  the  Cities  of 
Albany  and  Hudson,  and  for  other  purposes;  passed  April  11, 
1808— 5  W.  408. 

The  3d  section  applies  to  the  city  of  New-York,  and  empowers  the  clerk  of  the 
supreme  court  to  perform  certain  duties  in  the  abscenceof  the  recorder. 

An  Act  to  incorporate  the  New- York  Missionary  Society  ;  passed 
1808,  31  session — vol.  of  private  acts,  p.  3. 

An  Act  to  incorporate  the  Academy  in  the  City  of  New-York  for 
the  promotion  of  Arts  ;  passed  31  sess.— ibid.  6. 

An  Act  to  incorporate  the  Mutual  Benefit  Society  therein  men- 
tioned; passed  31  sess. — ibid.  20.  , 

An  Act  to  confirm  the  Partition  of  certain  Lots  of  Land  in  the 
City  of  New-York  between  the  Heirs  of  the  late  Nicholas  Bavard  ; 
passed  31  sess. — ibid.  28. 

An  Act  further  to  amend  an  Act,  entitled,  an  Act  to  incorporate 
the  New- York  Insurance  Company;  passed  31  sess.-— ibid.  33. 


50  TITLE  OF  ACTS. 

An  Act  respecting  the  Free  School  Society;  passed  31  sess. — vol. 
of  private  acts,  p.  99. 

An  Act  to  incorporate  the  New-York  Baptist  Missionary  Society ; 
passed  31  sess. — ibid.  109.  v 

An  Act  to  incorporate  the  Thistle  Society  in  the  City  of  New- 
York  ;  passed  31  sess. — ibid.  136. 

An  Act  to  incorporate  the  American  Fur  Company;  passed  31 
sess. — ibid.  140. 

An  Act  to  incorporate  the  Mutual  Relief,  Society  in  the  City  of 
New- York  ;  passed  31  sess. — ibid.  p.  — . 

An  Act  to  revive  an  Act,  entitled,  an  Act  to  amend  an  Act,  enti- 
tled, an  Act  to  regulate  sales  by  public  auction,  and  to  prevent  Stock 
Jobbing  ;  passed  November  8,  1808— 5  W.  432. 

The  act  revived  to  remain  in  force  until  March  1,  1812,  and  no  long-er. 

An  Acjt  relative  to  the  Inspection  of  Flour  and  Fish,  and  for 
other  purposes  ;  passed  November  8,  1808—5  W.  43?. 

This  act  repeals  the  first  section  of  the  act  of  March  4,  1808,  and  revives  the 
3d  section  of  the  act  of  April  3,  1 801 ,  relative  to  the  inspection  of  flour  and  meal. 

An  Act  making  further  provision  for  the  erection  of  an  Arsenal 
in  the  City  of  New-York,  and  for  other  purposes  ;  passed  November 
8,  1808— 5  W.  439. 

An  Act  to  enable  the  Corporation  of  the  City  of  New-York  to 
raise  moneys  by  tax  ;  passed  Februar}  2,  1809 — 5  W.  441. 

One  hundred  and  thirty  thousand  dollars. 

An  Act  to  incorporate  the  Friendly  Society  of  the  Town  of  Har- 
laem  ;  passed  February  10,  1809,  32  sess.— laws  of  1809 — vol.  of 
private  laws,  p.  21. 

An  Act  authorizing  the  Employment  of  certain  Convicts  in  the 
City  and  County  of  New-York  ;  passed  Feb.  10,  1809—3  W.  445. 
This  act  is  incorporated  in  the  revision  of  1813 — 2  Rev  L.  438. 

An  Act  to  incorporate  the  New-york  Historical  Society ;  passed 
Feb.  10,  1809—32  sess.  laws  of  1809— vol.  of  private  laws,  p.  26. 

An  Act  relative  to  a  Standard  of  Long  Measure,  and  for  other 
purposes;  passed  March  24,  1809— 5  W.  466. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  regulate  Fishing  with 
Set  Nets  in  Hudson  River,  and  to  prevent  obstructions  in  the  Navi- 
gation thereof;  passed  March  24,  1809—5  W.  468. 

fiepealed  by  the  act  of  April  11,  1815--Laws  of  1815,  3d  vol.  p.  148. 


TITLE  OP  ACTS.  51 

An  Act  to  amend  the  act,  entitled,  an  act  for  the  settlement  and 
relief  of  the  poor;  passed  April  8,  1809—5  W.  471. 

Authorizing  poor  lunatics  to  be  sent  to  tlie  hospital  in  New- York,  on  certain 
conditions. 

An  Act  respecting  Great  Barn  Island  ;  passed  March  24,  1809 — 
5  W.  473. 

An  Act  to  invest  the  Mayor,  Aldermen,  and  Commonalty  of 
New-York,  with  further  powers  relating  to  the  regulation  of  Pawn- 
Brokers  ;  passed  March  24,  1809—5  W.  474. 

This  act  is  incorporated  in  the  revision  of  the  Laws  of  1813 — 2  V.  444. 

An   Act  respecting  Streets  in  the  City  of  New-York  ;  passed 

March  24,  1809—5  W.  475. 

Relating  to  laying  out  Canal-street.  Amended  by  the  act  of  April  2,  1810 
—6  W.  47.     Further  amended  by  the  act  of  June  19,  1812—6  W.  563. 

An  Act  relative  to  Crimes,  and  for  other  purposes  ;  passed  March 
27,  1809—5  W.  501. 

The  fourth  and  fifth  sections  relate  to  the  court  of  general  sessions  of  New- 
York,  and  extend  its  jurisdiction  to  all  crimes,  excepting  cases  affecting  life, 
and  extend  the  time  of  holding  the  court  to  the  third  Saturday,  from  the  com- 
mencement.    See  the  act  of  April  9,  1811,  6  W.  289. 

An  Act  rendering  Bonds  taken  for  the  Gaol  Liberties  Assignable, 
and  for  other  purposes  ;  passed  March  28,  1809 — 5  W.  509. 

The  fourth  and  fifth  sections  relate  to  the  gaol  limits  of  the  city  of  New- 
York. 

An  Act  to  organize  the  Militia  of  this  State  ;  passed  March  29, 
1809— 5  W.  530. 

This  act  repeals  the  act  of  April  7,  IGOl,  and  all  other  acts  relating  to  the 
same  subject. 

An  Act  to  incorporate  a  Company  in  the  City  of  New- York,  for 
the  purpose  of  manufacturing  paints  and  other  articles — 32  sess. 
vol.  of  private  acts,  p.  28. 

An  Act  to  enlarge  the  powers  of  the  Orphan  Asylum  Society, 
in  the  City  of  New-York ;  passed  February  1 0,  1809 — same  vol.  p.  6. 

Session  32,  laws  of  1809. 

>■     An  Act  to  incorporate  the  Friendly.Sopiety  of  the  Town  of  Har- 
iaem — same  vol.  p.  2i. 

An  Act  to  incorporate  the  New-York  Historical  Society — same 
vol.  p.  26. 

An  Act  to  incorporate  the  Manhattan  Provident  Society  of  the 
City  of  New-York — same  vol.  p.  27. 


52  TITLE  OF  ACTS. 

An  Act  to  incorporate  the  Mutual  Insurance  Company  of  the 
City  of  New-York — same  vol.  p.  149. 
■I 

An  Act  for  the  separation  of  the  first  Presbyterian  Church  of  the 
City  of  New-York — same  vol.  p.  39.     i 

An  Act  to  enable  the  trustees  of  the  Presbyterian  Church  in- 
Cedar  street,  and  the  Rector  and  Church  Wardens  and  Vestrymen, 
of  Grace  Church,  in  the  City  of  New- York,  to  hold  real  and  per- 
sonal estate,  of  the  annual  value  of  the  income  therein  mentioned^ — 
same  vol.  p.  97* 

An  Act  supplementary  to  the  act,  entitled,  an  act  to  incorporate 
the  New- York  Missionary  Society — same  vol.  p.  140. 

An  Act  to  confirm  the  sale  of  a  House  and  lot  of  Land  in  the 
Ninth  Ward,  of  the  City  of  New- York,  made  to  Michael  Hogan, 
and  the  deed  thereupon  executed  to  Ijim  by  the  Commissioners  in 
Partition — same  vol.  p.  69« 

An  Act  to  incorporate  the  Assistant  Society  of  the  City  of  New- 
York,  for  charitable  purposes  ;  passed  February  17,  1810 — 33  sess. 
vol.  of  private  laws,  p.  22. 

An  Act  to  incorporate  the  Firemen  of  the  City  of  New-York,  as 
an  Insurance  Company  ;  passed  March  2,  1810' — same  vol.  p.  35. 


ni 


An  Act  to  incorporate  the  Society  of  the  Economical  School,  i 
the  City  of  New-York  ;  passed  March  16,  1810— same  vol.  p.  30. 

An  Act  to  incorporate  the  New-York  African  Society  for  mutual 
relief;  passed  March  23,  1810 — same  vol.  p.  107. 

An  Act  to  incorporate  the  Stock  Holders  of  the  State  of  New- 
York  Slate  Company;  passed  March  23,  1810 — same  vol.  p.  115. 

An  Act  respecting  the  Free  School  Society  of  New-York  ;  passed 
March  30,  1810— same  vol.  p.  136. 

An  Act  to  amend  an  act,  entitled,  an  act  for  building  a  Free 
Bridge,  across  a  part  of  Harlaem  River,  passed  February  20,  1607; 
passed  April  2,  1810— same  vol.  p.  156. 

An  Act  to  incorporate  the  Society  in  the  City  of  New- York,  for 
the  relief  of  poor  Widows  with  small  Children  ;  passed  April  5, 
1810 — samevoLp.  165. 

An  Act  for  aiding  the  Trustees  of  the  African  Free  School  in 
the  City  of  New-York,  in  erecting  a  building  for  the  accommoda- 


TITLE  OF  ACTS.  53 

tion  of  the  School,  under  iheh*  care  ;  passed  April  5,  1810 — same 
vol.  p.  202. 

An  Act  to  alter  the  style  and  title  of  the  Society  of  the  New- York 
Hospital  in  the  City  of  New- York,  in  America,  and  to  amend  the 
Charter  thereof;  passed   March  9,  1810— 6  W.  11. 

Altered  to  "  The  Society  of  the  New- York  Hospital." 

An  Act  for  the  promotion  of  Medical  Science  in  the  State  of  New- 
York  ;  passed  March  12,  1810—6  W.  12. 

It  relates  to  the  purchase  by  the  State  of  the  Botanic  Garden,  owned  by  Dr. 
Hosack,  and  the  consideration  authorized  to  be  raised  by  a  lottery. 

An  Act  further  to  amend  the  Act,  -entitled,  an  Act  to  regulate  the 
Sales  by  Aublic  Auction,  and  to  prevent  Stock  Jobbing,  and  for 
other  purposes  ;  passed  March  16,  1810 — 6  W.  15. 

An  Act  to  enable  the  Corporation  of  the  City  of  New- York  to 
rai|e  ^m«heys  by  tax  ;  passed  March  16,  1810 — 6  W.  17. 

One  hundred  and  twenty  thousand  dollars. 

An  Act  relative  to  Columbia  College  in  the  Cit}^  of  New-York  ; 
passed  March  20,  1810—6  W.  24. 

An  Act  to  incorporate  the  New-York  Slate  Company  ;  passed 
March  23,  1810— 6  W.  26* 

An  Act  for  the  support  of  the  New-York  Hospital ;  passed  March 
23,  1810— 6  W.  27w 

Annuity  of  3,500  dollars  for  ten  year?,  to  he  paid  quarterly  ;  charg-eabic  to  du- 
ties arising  on  sales  at  auction  in  this  city ;  reserving  the  power  of  repealing- 
this  act. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  regulate  the  Ferry 
and  Rates  of  Ferriage  between  the  City  of  New-York  and  the  Island 
of  Nassau  ;  passed  April  2,  1810 — 6  W.  36. 

Amended  by  the  act  of  June  15,  1812 — 6  W,  490.  This  act  is  incorporated  in 
the  revision  of  1813 — 2  Rev.  L.  353.     See  this  vol.  title  "  Ferries." 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  di.spose  of  certain  Lands,  heretofore  taken  for 
the  purpose  of  opening  and  forming  Canal-street,  and  for  other  pur- 
poses ;  passed  April  2,  1810 — 6  W.  47. 

By  this  act  the  inspectors  of  the  election,  appointed  by  the  common  council,  to 
hold  stated  elections  for  representatives  to  the  congress  of  the  United  States;  have 
power  to  fill  vacancies,  and  shall  be  the  inspectors  of  every  election  for  the  said 
district. 

An  Act  relative  to  the  jurisdiction  of  certain  Waters  in  the  Bay 
of  New-York,  and  the  vicinity  thereof;  passed  April  5,  1810 — 6 
W.  57.         ' 


54  TITLE  OF  ACTS. 

Annexes  all  the  \  aters  of  this  state,  in  the  bay  of  New-\ork  and  to  the  south- 
ward thereof,  and  not  comprehended  in  the  city  and  county  of  New-York,  or  in 
any  other  county,  to  the  city  and  county  of  New-York;  but  not  to  be  subject  to 
anv  ordinance  or  by-law  of  the  common  council,  &c.  See  the  bounds  of  the  city 
of  New- York  in  this  volume,  title  "  New- York." 

An  Act  for  the  Recording  of  Deeds  in  the  City  and  County  of 
New-York  ;  passed  April  5,  1810—6  W.  72. 

Repealed  by  the  act  of  March  30,  1811—6  W.  184.  These  acts  authorize  and 
require  the  recording  of  deeds  by  the  clerk  of  the  city  and,county  of  New-York. 
By  the  act  passed  March  13,  1812,  (6  VV.  S63,J  a  register's  office  is  established, 
and  the  former  duties  of  the  clerk  of  the  city  and  county,  in  relation  to  recording 
deeds,  &c.  are  transferred  to  the  register.  The  act  is  incorporated  in  the  revision 
of  1813,  vol.  2,  p.  402. 

An  Act  concerning  the  Clerk's  of  the  Supreme  Court  of  this  State, 
and  for  other  purposes  ;  passed  April  6,  1810 — 6  W.  85. 

By  this  act  the  clerk  of  the  supreme  court  in  the  city  of  New-York  is  allowed  the 
sum  of  three  thousand  dollars  salary,  and  the  sum  of  one  thousand  and  six  hundred 
dollars  for  clerk  hire  and  office  expenses.  This  act  is  incorporated  in  the  revi- 
sion of  the  laws  of  1813,  vol.  1,  p.  243.  #         ^ 

An  Act  to  incorporate  the  Stockholders  of  the  New- York  Sugar 
Refining  Company  ;  passed  March  22,  1811— 6  W.  140. 

Amended  by  the  act  of  January  24,  1831,  and  the  charter  extended  to  March 
22,1851. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the 
Eagle  Fire  Company  of  New- York  ;  passed  March  23,  1811 — 6 
W.  159. 

An  Act  supplementary  to  an  Act,  entitled,  an  Act  respecting 
Streets  in  the  City  of  New-York;  passed  March  24,  1811— 6  W. 
192. 

An  Act  to  enable  the  Corporation  of  the  City  of  New- York  to 
raise  Money  by  Tax,  and  for  other  purposes ;  passed  March  29, 
1811— 6  W.  172. 

One  hundred  and  twenty-thousand  dollars.  Collectors  of  taxes  to  enter  upon 
the  duties  of  their  office  on  the  first  Monday  in  May.  The  common  council  au- 
thorized to  make  rules  and  regulations,  and  to  impose  penalties  as  to  sweeping 
chimneys. 

An  Act  for  the  further  encouragement  of  Free  Schools  in  the 
City  of  New-York  ;  passed  March  30, 1811—6  W.  174. 

No  misnomer  of  this  corporation  (free  schools)  in  any  deed,  will,  &c.  to  affect 
the  same,  if  intent  be  ascertained. 

An  Act  for  the  Benefit  of  the  Orphan  Asylum  Society ;  passed 
March  30,  1811—5  W.  175. 

This  society  was  incorporated  April  7,  1807,  (5  W.  236,)  and  was  further 
amended  by  the  act  of  April  21,  1828 — p»  391. 


TITLE  OF  ACTS.  55 

An  Act  to  explain  the  Act,  entitled,  an  Act  to  incorporate  the 
Phcenix  Insurance  Company  of  New-York  ;  passed  March  30, 18U 
— 6  W.  179. 

An  Act  authorizing  the  cession  to  the  United  States  of  the  Title 
and  Jurisdiction  of  this  State  to  the  Lands  therein  mentioned  ;  pass- 
ed March  30,  1811—6  W.  182. 

An  Act  concerning  the  Recording  of  Deeds  in  the  City  of  New- 
York  ;  passed  March  30,  1811— 6  W.  184. 

Repeals  the  act  of  April  5, 1810,  (6  W.  72) ;  and  by  this  act  deeds  are  to  be  re- 
corded by  the  county  clerk.  By  the  act  "  to  reduce,"  &,c.  (2  Rev.  L.  406,)  the 
duties  of  the  county  clerk  of  the  city  and  county  of  New- York  are  transferred  to 
the  register,  in  relation  to  recording*  of  deeds,  kc. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  incorporate  the 
Stockholders  of  the  Commercial  Insurance  Company  of  New-York  ; 
passed  April  3,  1811— 6  W.  209. 

An  Act  to  incorporate  the  Society  of  Teachers  of  the  City  of 
New-York  for  Benevolent  and  Literary  purposes  ;  passed  April  4, 
1811— 6  W.  230. 

An  Act  to  establish  a  Board  of  Wardens  of  the  Port  of  New- 
York,  and  for  the  regulation  of  Pilots  and  Pilotage  of  the  said  Port ; 
passed  April  9,  1811—6  W.  277. 

This  act  repeals  all  former  laws  upon  the  same  subject,  and  the  16th  section  is 
partially  repealed  by  the  act  of  June  8,  1812 — 6  W.  438. 

An  Act  to  improve  the  Police  of  the  City  of  New-York,  and  for 
other  purposes  ;  passed  April  9,  1811-^6  W.  289. 

By  this  act  the  court  of  general  sessions  is  to  hold  the  term  for  two  neeks,  and 
the  special  justices  are  niade,  ex  officio,  judges  of  the  court,  and  to  account  for 
property  in  their  office.  The  6th  and  loth  sections  repealed  by  the  act  of  June 
18,  1812—6  W.  539. 

An  Act  for  the  Payment  of  certain  Officers  of  Government,  and 
for  other  purposes  ;  passed  April  9,  181 1 — 6  W.  329. 

The  43d  section  directs  school  money  to  be  paid  by  the  common  council  of  the 
city  of  New-York  to  the  congregation  of  Shearith  Israel  of  said  city. 

An  Act  to  render  the  Provost  of  Columbia  College  in  the  City 
of  New-York  ehgible  to  be  a  Trustee  thereof;  passed  February  14 
1812— 6  W.  348. 

An  Act  to  provide  for  the  Election  of  an  additional  number  of 
Trustees  to  the  Free  School  Society  of  New-York,  and  for  other 
purposes;  passed  February  28,  1812— 6  W.  357. 

Six  additional  trustees  allowed  by  this  act  to  be  elected  annually  in  addition  to 
the  number  heretofore  authorized. 


56 


TITLE  OF  ACTS. 


An  Act  to  establish  a  Register's  office  in  and  for  the  City  and 
County  of  New-York;  passed  March  13,  1812— 6  W.  363. 

This  act  establishes  the  register''s  office,  and  directs  the  delivery  of  books  and 
deeds  to  the  register  from  the  clerk  of  the  city  and  county  of  New-York. 

This  act  is  incorporated  in  the  revision  of  1$13.  Vide  act  "toieduce,  &:c. 
vol.  2,  p.  402. 

An  Act  concerning  the  State  Prison  ;  passed  May  21,  1812—6 

W.  369. 

By  this  act  the  judgfes  of  the  supreme  court  and  the  mayor  of  New-York  are  to 
make  rules  for  the  government  of  the  state  prison,  «SiC.  Repealed  by  the  repeal- 
ing act  of  December  10,  1828—3  Rev.  St.  129. 

An  Act  to  provide  for  the  due  Preservation  of  the  Records  and  Pa- 
pers in  the  ofiice  of  the  Clerk  of  the  Supreme  Court  in  the  City  of 
New-York  ;  passed  May  26,  1812—6  W.  378, 
Authorizing  him  to  procure  boxes  and  papers,  &c. 

An  Act  to  authorize  the  Sale  of  certain  Public  Property  in  the 
City  of  New-York ;  passed  May  26,  1812-6  W.  396, 

The  government  house,  and  the  lands  adjoining,  to  be  sold  to  the  city  for  not 
less  than  fiftv  thousand  dollars.  Amended  by  the  act  of  April  13,  1813 — 36  sess. 
laws  of  1813,  p.  221. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  more  effectual 
prevention  of  Fires,  and  to  regulate  Buildings  in  the  City  of  New- 
York  ;  passed  June  1,181 2—6  W.  405. 

The  1st,  2d,  3d,  4th,  5lh,  6th,  and  7th  sections  of  the  act  of  March  27,  1801, 
(K.  &R.  1 14),  arc  repealed  by  this  act. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen,  of  the 
City  of  Newr-York,  to  raise  Money  by  Tax,  and  for  other  purposes ; 
passed  June  1,  1812— 5  W,  408. 

One  hundred  and  sixty  thousand  dollars,  and  the  common  council  authorized  to 
cause  wells  and  pumps  to  be  made  and  assessments  therefor  upon  the  adjoining  pro- 
perty, (fee.      Amended  by  the  act  of  June  18,  1812~6  W.  548. 

An  Act  enable  Daniel  M'Cormick,  of  the  City  of  New-York,  mer- 
chant, to  make  certain  provisions  by  will  for  the  sale  of  real  estate ; 
passed  June  2,  1812—6  W.  412. 

An  Act  to  repeal  a  part  of  the  Act,  entitled,  an  Act  to  establish 
a  Board  of  Wardens  of  the  Port  of  New-York,  and  for  the  regula- 
tion of  the  Pilots  and  Pilotage  of  the  said  Port,  and  for  other  pur- 
poses;  passed  June  8,  1812— 6  W.  438. 

Repeals  the  16th  section  of  the  act  of  April  9,  1811,  (6  W.  277,)  so  far-as  the 
said  section  relates  to  any  vessel  belonging  to  a  citizen  of  the  United  States,  or 
any  master,  owner,  or  consignee  of  any  such  vessel.  Allows  the  excise  commis- 
sioner to  retain  750  dollars  per  annum  for  his  services. 

An  Act  to  divide  the  State  into  Districts,  for  the  Election  of  Re- 
presentatives in  the  Cc^ngress  of  the  United  States  ;  passed  June  10, 
1812— 6  W.  459. 


TITLE  OF  ACTS.  S*? 

By  this  act  tbe  counties  of  Suffolk,  Queens,  Kings,  Richmond,  and  the  first  and 
second  wards  of  the  city  of  New- York  shall  compose  the  first  district,  and  shall 
elect  two  representatives.  The  third,  fourth,  fifth,  sixth,  seventh,  eighth,  ninth, 
and  tenth  wards  of  the  city  of  New- York  shall  compose  the  second  district,  and 
shall  elect  two  representatives. 

Amended  by  the  act  of  June  16,  1812—6  W.  513. 

An  Act  concerning  the  Sittings  appointed  to  be  held  in  and  for 
the  City  and  Coiinty  of  New-York,  on  Monday,  the  fifteenth  day  of 
June  1812;  passed  June  12,  1812— 6  W.  467. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  amend  an  Act,  en- 
titled, an  Act  to  regulate  the  Ferry  and  rales  of  Ferriage  between 
the  City  of  New-Y'ork  and  the  Island  of  Nassau,  (passed  the  2d  of 
April,  1810,)  and  for  other  purposes  ;  passed  June  15,  1812 — 6  W* 
490. 

This  act  authorizes  the  employment  of  barges,  or  row-boats,  of  any  breadth. 
The  other  parts  of  the  act  relate  to  Brooklyn  exclusively.  See  the  act  amended 
by  this  act  of  April  2,  1810—6  W.  36. 

An  Act.  providing  for  the  Election  of  Representatives  for  this 
State  in  the  Congress  of  the  United  States  ;  passed  June  16,  1812 
— 6  W.  513. 

This  act  directs  the  general  election  of  representatives  for  1812  to  be  held  on 
the  third  Tuesday  in  December,  1812,  and  the  two  succeeding  days,  under  a  late 
apportionment  law  of  congress. 

An  Act  relative  to  the  opening,  laying  out  and  forming,  and  ex- 
tending, enlarging,  and  otherwise  improving  Streets,  Avenues, 
Squares,  and  Public  Places,  in  the  City  of  New-York  ;  passed  June 
16,  1812— 6  W.  518. 

This  act  repeals  the  9th,  lOtli,  and  1 1th  sections  of  the  act  of  April  3,  1807,  (3 
W.  125,)  and  authorizes  certain  debts  to  be  funded  ;  and  the  substance  of  the  act 
is  incorporated  in  the  revision  of  1813 — act  "  to  reduce,"  «Sic.  vol.  2,  p.  408. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  improve  the  Police 
of  the  City  of  New-York,  and  for  other  purposes  ;  passed  June  18, 
1812— 6  W.  539. 

Repeals  the  61h  and  ISlh  sections  of  the  net  of  April  9,  1811—6  VV.  289.  By 
this  act  the  special  justices  are  clothed  with  the  same  power  in  relation  to  the  pub- 
lic peace  of  the  city  as  the  justices  of  the  counties.  It  is  incorporated  in  the  re- 
vision of  1813—2  Rev.  L.  350. 

An  Act  regulating  the  power  of  Taxing  Costs  in  the  Court  of 
Chancery  ;  passed  June  18,  1812 — 6  W.  540. 

The  chancellor  to  name  a  master  in  the  city  of  New-York,  who  shall  have  the 
power  of  taxing  costs,  &c. 

An  Act  to  incorporate  the  American  Insurance  Company  of  New- 
York  ;  passed  June  18,  1812—6  W.  544. 

An  Act  to  grant  certain  additional  powers  to  the  Mayor,  Alder- 

8 


58  .    TITLE  OF  ACTS. 

men,  and  Commonalty  of  the  City  of  New-York,  and  for  other  pur- 
poses ;  passed  June  IS,  1812—6  W.  548. 

Sunday  laws — butchers — poor  children — commissioners  of  the  almshouse — gam- 
ing- houses — hackney  coaches — pawnbrokers — penalties  to  250  dollars.  Wells 
and  pumps,  and  the  expense  thereof,  how  assessed. 

An  Act  to  incorporate  the  New-York  Marble  Company  ;  passed 
June  19,  1812— 6  W.  553. 

An  Act  to  enable  the  Rector,  Churchwardens,  and  Vestrymen  of 
St.  George's  Church,  in  the  City  of  New-York,  to  hold  real  and  per- 
sonal estate  of  the  annual  value  or  income  therein  mentioned  ;  pass- 
ed June  19,  1812— 6  W.  554. 

Not  exceeding  six  thousand  dollara. 

An  Act  for  the  appointment  of  commissioners  to  ascertain  the 
best  method  of  Conveying  off  the  Waters  from  the  Collect  and  Lis- 
penard's  Meadow  in  the  city  of  New-York  ;  passed  June  19,  1812 
—6  W.  563. 

This  act  appoints  Cornelius  Howard,  esq.  of  Baltimore;  Eli  Whitney,  esq.  of 
New-Haven,  and  Robert  Fulton,  esq.  of  New- York,  the  commissioners. 
Amended  by  the  act  of  April  9,  1813— vol.  3,  185. 

An  Act  to  lay  a  duty  on  Strong  Liquors,  and  for  regulating  Inns 
and  Taverns  ;  passed  April  7,  1801 — 1  Rev.  L.  176. 

An  Act  to  prevent  Horse-racing,  and  for  other  purposes  therein 
mentioned;  passed  March  19,  1802—1  Rev.  L.  222. 

An  Act  for  the  relief  of  Cities  and  Towns  from  the  maintenance 
of  Bastard  Children;  passed  February  25,  1813 — l.Rev.L.  306. 

This  act  is  repealed  by  the  repealing  act  of  December  10,  1828,  p.  H9.  No. 
82. 

An  Act  concerning  the  Supreme  Court;  passed  February  25, 
1813—1  Rev.  L.  318. 

B}'  this  act  the  May  term  of  the  court  is  directed  to  be  held  in  the  City  of 
New-York,  and  the  recorder  to  be  ex  officio  a  commissioner,  to  perform  certain 
duties  of  a  judge  of  the  said  court.  This  act  is  repealed  by  the  repealing  act  of 
December  10,  1828,  3  Rev.  S.  p.  129.  No.  85. 

An  Act  for  regulating  Trials  of  Issues,  and  for  returning  able 
and  sufficient  Jurors;  passed  February  25,  1813 — 1  Rev.  L.  325. 

Repealed  by  the  repealing  act  of  December  10,  1828,  3  Rev.  S.  p.  129.  No.  88. 

An  Act  declaring  the  punishment  of  certain  crimes ;  passed  March 
19,  1813—1  Rev.  L.  407. 

By  the  twenty-first  section  of  this  act,  convicts  in  New-York  may  be  put  to 
hard  labour  at  the  fortifications.  Repealed  bv  the  repealing  act  of  December  10, 
1828,  3  Rev.  S.  p.  129.  No.  104. 


TITLE  OF  ACTS.  59 

An  Act  to  regulate  Weights  and  Measures  ;  passed  March  19, 
1813—1  Rev.  L.  376. 

Repealed  by  the  repealing  act  of  Dec.  10,  1828,  3  Rev.   S.  p.  129.  No.  98. 

An  Act  for  the  recovery  of  Debts  to  the  value    of  Twenty-five 
Dollars;  passed  April  5,  1813—1  Rev.  L.  387. 
Repealed  by  the  repealing-  act  of  Dec.  10,  1828,  3  Rev.  S.  p.  129.  No.  101. 

An  Act  concerning  the  Circuit  Courts  and  Sittings,  and  the 
Courts  of  Oyer  and  Terminer,  and  Gaol  Delivery ;  passed  April  5, 
1813—1  Rev.  L.  335. 

Repealed  by  the  repealJDg  act  of  Dec.  10,  1828,  S  Rev.  S.  p.  129,  No.  89. 

An  Act  concerning  Sheriffs  and  their  Duty,  in  respect  to  pro- 
cess, arrests,  and  the  keeping  of  Prisoners;  passed  April  6,  1813 
— 1  Rev.  L.418. 

By  the  second  section  of  this  act  the  sheriff  of  New-York  is  required  to  enter 
into  a  bond  with  sureties,  being  freeholders,  to  the  amount  of  twenty  thousand 
dollars.  This  act  is  repealed  by  the  repealing  act  of  Dec.  10,  1828,  Rev.  S.  3 
vol.  p.  129.  No.  108. 

An  Act  relative  to  Gaols;  passed  April  6,  1813 — 1  Rev.  L. 
427. 

The  twenty-third,  twenty-fourth,  and  twenty-fifth  sections  of  this  act  prohibits 
spirituous  liquors  being  taken  into  the  gaols  of  New-York  and  Albany,  and  imposes 
a  penalty  for  violating  these  provisions.  These  provisions  may  be  found  in  Kent 
and  R.  I  vol.  p,  360.  This  act  is  repealed  by  the  repealing  act  of  Dec.  10,  1828, 
3  vol.  Rev.  S.  p.  129.  No.  109,  excepting  the  fourteenth,  fifteenth,  twenty-eighth, 
and  twenty-ninth  sections,  the  last  section  of  which  relates  to  the  gaoler's  fees  in 
New-York. 

An  Act  relative  to  the  Court  of  Probates,  the  office  of  Surro- 
gate, and  the  granting  of  Administrations  ;  passed  April  8,  1813 — 
1  Rev.  L.  444. 

Repealed  by  the  repealing  act  of  Dec.  10,  1828,  No.  111. 

An  Act  for  the  relief  and  settlement  of  the  poor ;  passed  April 
8,  1813—1  Rev.  L.  279. 

This  act  relates  to  the  city  of  New-York.  It  is  repealed  by  the  repealing  acl  of 
December  10,  1828,  3  Rev.  S.  p.  129.  No.  80,  and  all  acts  and  parts  of  acts 
amending  the  same,  or  relating  to  the  subject  matter  thereof. 

An  Act  relative  to  District  Attorneys;  passed  April  9,  1813 — 1 
Rev.  L.  413. 

By  this  act  the  state  is  divided  into  eleven  districts,  and  the  city  and  county  of 
New-York,  and  the  counties  of  Suffolk,  Queens,  Kings,  and  Richmond  shall  be 
the  first  district.  Repealed  by  the  repealing  act  of  December  10,  1828,  3  Rev. 
S.  p.  129,  No.  106. 

An  Act  for  giving  Rehef  in  cases  of  Insolvency  ;    passed  April 
12,  1813—1  Rev.  L.  460. 


go  TITLE  OF  ACTS. 

Repealed  by  the  repealing  act  of  Dec.  10,  1828,3  Rev.  S.  p.  129.  No  115, 
and  all  acts  and  parts  of  acts  amending  the  same,  as  are  not  consolidated  and  re- 
enacted  in  the  Rev.  S. 

An  Act  concerning  the  Court  of  Chancery ;  passed  April  10, 
1813—1  Rev.  L.  486.  ' 

The  first  section  of  this  act  requires  two  terms  of  the  court  of  chancery  to  be 
held  in  New-York  every  year,  and  that  the  register  shall  keep  his  office  in  the 
city  of  New-York  or  Albany,  as  the  chancellor  shall  direct.  This  act  is  re- 
pealed by  the  repealing  act  of  Dec.  10,  1828,  3  Rev.  S.  p.  129.  No.  120. 

An  Act  to  divide  this  State  into  Counties;  passed  March  26, 1813 
^2  Rev.  L.  31. 

By  this  act  the  state  is  divided  into  forty-seven  counties,  and  the  boundaries  of 
New-York  are  given.     Repealed  No.  127,  repealing  act  of  Rev.  S. 

An  Act  relative  to  the  Duties  and  Privileges  of  Towns  ;  passed 
March  19,  1813—2  Rev.  L.  125. 

Repealed  No.  129,  except  the  twentieth  and  twenty-third  sections.  The  twen- 
tieth section  authorizes  the  common  council  of  New-York  to  make  rules  and  re- 
gulations for  making,  mending,  and  maintaining  the  fences  in  the  city. 

An  Act  concerning  the  Court  of  Common  Pleas  and  General 
Sessions  of  the  Peace  in  the  several  Counties  of  this  State  ;  passed 
April  5,  1813—2  Rev.  L.  141. 

Repealed,  No.  131,  3  Rev.  S. 

An  Act  relative  to  the  Clerk's  Office  in  certain  Counties,  and 
the  removal  of  Public  Records  ;  passed  April  9,  1813 — 2  Rev.  L, 
151. 

Repealed,  No.  133,  except  section  5,  which  empowers  the  governor,  or  in  his 
absence,  the  common  council,  to  authorize  and  direct  the  removal  of  the  public  re- 
cords of  the  city,  and  also  in  case  of  danger  from  the  enemy,  to  authorize  and  di- 
rect the  temporary  removal  of  the  banks,  insurance  companies,  and  other  monied 
institutions  from  the  city,  which  section  see  in  the  Compilation. 

An  Act  to  regulate  sales  by  Public  Auction,  and  to  prevent  Stock 
Jobbing;  passed  April  6,  1813 — 2  Rev.  L.  181. 

Repealed,  No.  134. 

An  Act  to  Incorporate  Medical  Societies,  for  the  purpose  of  regu- 
lating the  practice  of  Physic  and  Surgery  in  this  State ;  passed 
April  10,  1813—2  Rev.  L.  219. 

Sections  twelfth,  twentieth,  twenty-first,  and  twenty -second  repealed,  No.  140. 

An  Act  relative  to  the  University  ;  passed  April  5,  1813 — 2  Rev. 
L.  260. 

An  Act  relating  to  the  different  Colleges  in  this  State ;  passed 
April  9,  1813—1  Rev.  L.  265. 

The  first  nine  sections  relate  to  Columbia  College. 


TITLE  OF   ACTS.  61 

An  Act  for  the  Inspection  of  Flour  and  Meal,  and  to  establish 
the  Standard  Weight  of  Grain  therein  mentioned  ;  passed  March  5, 
1813 — 2  Rev.  L.  320. 

Repealed  by  No.  148,  and  all  acts  and  parts  of  acts  amending  the  same,  or  re- 
lating to  the  subject  matter  thereof. 

An  Act   for   the  Repacking  and  Inspection  of  Beef  and  Pork  ; 

passed  March  12,  1813—2  Rev.  L.  324. 

Repealed  by  No.  149,  except  section  twenty-six,  as  to  the  beef  and  pork  pre- 
served for  exportation  by  Joseph  Sparrow. 

An  Act  for  the  Inspection  of  Fish  ;  passed  March  26,  1813 — 2 
Rev.  L.  330. 

Repealed  by  No.  150,  and  all  acts  and  parts  of  acts  amending  the  same,  or  di- 
recting the  appointment  of  inspectors  offish. 

An  Act  concerning  the  Inspection  of  Pot  and  Pearl  Ashes  ;  pass- 
ed February  25,  1813—2  Rev.  L.  333. 

Repealed  by  No.  151,  and  all  acts  and  parts  of  acts  amending  the  same,  or  re- 
lating to  the  subject  matter  thereof. 

An  Act  to  regulate  the  Culling  of  Staves  and  Heading  ;  passed 
March  26,  1813— Rev.  L.  336. 

Repealed  by  No.  152,  and  all  acts  and  parts  of  acts  amending  the  same,  or  re- 
lating to  the  subject  matter  thereof. 

An  Act  concerning  the  Inspection  of  Sole  Leather ;  passed  March 
5,  1813— 2  Rev.  L.  340. 

Repealed  by  No.  153,  and  all  acts  and  parts  of  acts  amending  the  same,  or  di- 
recting the  appointment  of  inspectors  of  sole  leather,  or  prescribing  the  fees  to 
be  paid  to  them. 

An  Act  to  reduce  several  laws,  relating  particularly  to  the  City 
of  New-York,  into  one  Act;  passed  April  9,  1813 — 2  Rev.  L. 
342. 

An  Act  relative  to  the  Pilots  of  the  Port  of  New-York ;  passed 
April  JO,  J 81 3— 2  R.  L.  461. 

This  act  is  conthiued  by  the  act  of  April  15,  1814— p.  219. 

An  Act  concerning  the  Mayor's  Court  in  the  Cities  of  Albany 
and  Hudson,    and  the   Mayor's   Court  and   General  and   Special 
Sessions  of  the  Peace  in  the  City  of  New-York  :  passed  April  9 
1813— 2R.L.  501.  ^ 

Repealed,  No.  154. 

An  Act  declaring  the  Powers  and  Duties  of  Justices  of  the 
Peace ;  passed  April  19,  1813—2  R.  L.  506. 

Repealed,  No.  155. 


62  TITLE  OF  ACTS. 

An  Act  for  the  assessment  and  collection  of  Taxes  ;  passed 
April  5,  1813— 2  R.  L.  509. 

Repealed  by  No.  156 — and  all  acts  amending  the  same,  or  relating  to  the 
subject  matter  of  the  sai4act. 

V 

An  Act  to  provide  against  infectious  and  pestilential  Diseases ; 
passed  March  26,  1813—2  R.  L.  524. 

Repealed,  No.  157,  and  all  acts  amending  the  same,  or  relating  to  the  subject 
matter  thereof. 

An  Act  concerning  the  Fund  for  the  encouragement  of  Common 
Schools  ;  passed  April  9,  1813— 2  R.  L.  537. 

Repealed,  No.  158. 

An  Act  for  the  more  effectual  Punishment  of  Persons  who  shall 
be  guilty  of  the  Trespasses  therein  mentioned  in  the  Cities  of  New- 
York,  Albany  and  Hudson,  and  the  Township  of  Schenectady  ; 
passed  March  24,  1787—2  R.  L.  539. 

Repealed,  No.  159. 

An  Act  designating  the  duties  of  the  Commissary  of  Military 
Stores,  and  relative  to  the  Arsenals  and  Public  Stores  ;  passed 
April  1,  1802— 2R.  L.  545. 

Repealed,  No.  160.  See  the  next  chapter  on  the  same  subject,  p.  547.  Re- 
pealed, No.  161. 

An  Act  supplementary  to  the  act,  entitled,  an  act  for  the  establish- 
ment of  Common  Schools;  passed  March  12,  1813 — 3  L.  38. 

This  act  is  incorporated  in  the  revision  of  the  laws  of  1813,  vol.  1,  p.  266. 
Repealed  by  the  act  of  November  19,  1824,  p.  337. 

An  Act  to  repeal  the  sixth  section  of  the  act,  entitled,  an  act  to 
incorporate  the  American  Insurance  Company  of  New- York ;  passed 
March  12,  1813—3  L.  42. 

The  act  incorporating  the  company,  was  passed  June  18,  1812 — 6  W.  p.  544, 
amended.  Same  session  laws  of  1814,  p.  176,  amended,  and  continued  in  laws 
of  1824,  p.  6. 

'  An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen  of  the 
City  of  New- York,  to  raise  money  by  tax  ;  passed  March  19,  1813 
— 3L.  61. 

One  hundred  and  thirty  thousand  dollars. 

An  Act  to  incorporate  the  Female  Association  of  the  City  of 
New- York,  and  to  amend  the  act  relative  to  the  Geneva  Friendly 
Society  ;  passed  March  26,  1813 — 3  L.  9J. 

Amended  by  the  law  of  1819,  p.  216. 

An  Act  relative  to  the  Sittings  appointed  to  be  held  in  the  City 
of  New- York,  on  the  first  Monday  of  April,  1813—3  L.  94. 


TITLE  OF  ACTS.  63 

An  Act  to  enable  the  Trustees  of  the  German  Reformed  Church 
in  the  City  of  New-York,  to  sell  certain  Lots  of  land  ;  passed 
April  2,  1813— 3  L.  137. 

An  Act  authorizing  a  Dam  to  be  built  across  Harlaem  River  ; 
passed  April  8,  1813— 3  L.  161. 

M' Comb's  Dam,  reserving  the  rights  of  John  B.  Coles  and  his  assignees, 
and  the  Harlaem  Bridge  Company,  as  to  the  rights  of  John  B.  Coles  and  his 
assignees— see  2  Kent  and  Radcliff.  p.  489,  490,  491  and  492. 

An  Act  further  to  suspend  the  Collection  of  assessments  therein 
mentioned;  passed  April  9,  1813 — 3  L.  185. 

Amended  by  the  act  of  April  15,  1814,  laws  of  1814,  p.  200. 

An  Act  concerning  Pilots  of  the  Port  of  New-York  ;  passed 
April  10,  1813— 3  L.  194. 

This  act  was  revived  and  continued  in  force  untij  April  1,  1818,  by  the  act 
of  April  18,  1815,  p.  256;  and  was  further  continued  by  the  act  of  April  21, 
1818,  p.  288,  to  the  first  day  of  April  1820. 

An  Act  relative  to  the  Managers  of  Lotteries;  passed  April  13, 
1813— 3  L.  315. 

The  fifth  section  of  this  act  relates  to  selling  tickets  at  auction  in  the  city  of 
New- York.     This  act  is  incorporated  in  the  revised  laws  of  1 813,  vol.  1 ,  p.  270. 

An  Act  to  alter  the  name  of  the  Corporation  of  Trinity  Church 
in  New-York,  and  for  other  purposes;  passed  January  25,  1814 — 
3  L.  37  session  b.  6. 

Altered  to  the  "  Rector,  Churchwardens,  and  Vestrymen  of  Trinity  Church 

in  the  city  of  New-York." 

An  Act  for  the  relief  of  the  Rector,   Churchwardens,  and  Vestry 
of  the  Protestant  Episcopal  Church  of  St.  Marks,  in  the  Bowery, 
in  the  City  of  New- York  ;  passed  February  4,  1814 — 3  L.  10. 
This  act  authorizes  the  corporation  to  convey  certain  grounds,  &c. 

An  Act  to  incorporate  the  Humane  Society  of  the  City  of  New- 
York  ;  passed  February  4,  1814 — 3  L.  12. 

An  Act  to  incorporate  the  Washington  Insurance  Company  of 
the  City  of  New^York ;  passed  March  18,  1814—3  L.  56. 
Amended  by  the  act  of  April  12,  1816,  p.  111. 

An  Act  to  incorporate  the  York  and  Jersey  Steam-boat  Ferry 
Company;  passed  March  18,  1814— -3  L.  60. 

An  Act  to  incorporate  the  Ursuline  Convent  of  the  City  of  New- 
York  ;  passed  March  25,  1814—3  L.  66. 

An  Act  to  amend  an   act,  entitled,   an  act  to  incorporate  the 


64 


TITLE  OP  ACTS. 


Phoenix  Insurance   Company  of  New-York  ;   passed  March  25, 
1814— 3  L.  69. 

^ 

An  Act  to  incorporate  the  Literary  and  Philosophical  Society  of 
the  City  of  New-York  ;  passed  March  25,  1814—3  L.  69. 

An  Act  to  enable  the  Rector,  Churchwardens,  and  Vestrymen  of 
Grace  Church,  in  the  City  of  New- York,  to  hold  real  and  personal 
estates,  of  the  annual  value  or  income  therein  mentioned  ;  passed 
March  25,  1814—3  L.  72. 

Not  exceeding'  six  thousand  dollars. 

An  Act  to  amend  an  act,  entitled,  an  act  to  incorporate  the  Trus- 
tees of  the  Marine  Hospital,  called  the  Sailor's  Snug  Harbour  in 
the  City  of  New-York  ;  passed  March  25,  1814—3  L.  78. 

This  act  was  amended  by  the  act  of  April  19,  1828,  p.  351.  The  original 
act  was  passed  February "6,  1806,  4  W.  p.  323.  The  chancellor,  mayor  and 
recorder,  &c.  are  ex-officio  trustees  to  the  corporation. 

An  Act  to  amend  the  act,  entitled,  an  act  to  reduce  the  several 
laws  relating  particularly  to  the  City  of  New-York  into  one  act,  so 
far  as  the  same  relates  to  the  Register  in  and  for  the  Citv  of  New- 
York  ;  passed  April  1,  I8l4— 3  L.  94. 

This  act  relates  to  certificates  of  freedom  of  blacks  and  mulattoes,  and 
directs  them  to  be  filed  with  the  register. 

An  Act  to  incorporate  the  North  American  Coal  Company; 
passed  April  6,  1814—3  L.  115. 

Charter  extended  twenty-one  years  by  the  act  of  April  21,  1832,  Laws  of 
1832,  p.  377. 

An  Act  to  incorporate  the  New- York  Coal  Company ;  passed 
April  6,  1814— 3  L.  118. 

By  this  act  the  corporation  is  declared  to  extend  to  the  first  Tuesday  of  June, 
1835,  and  by  the  act  amending  and  continuing  this  corporation,  it  is  declared 
the  corporation  shall  continue  in  force  until  the  sixth  day  of  June  1856,  and 
shall  be  l?nown  as  '•  The  New-York  and  Tuscarora  Coal  Company."  Vide 
the  act,  laws  of  1832,  p.  472. 

An  Act  for  the  relief  of  the  Stockholders  of  the  late  Marine  In- 
surance Company  of  New-York  ;  passed  April  13,  1814 — 37  Sess.3 
vol.  1 38. 

An  Act  instituting  a  Lottery  for  the  promotion  of  Literature  and 
for  other  purposes  j  passed  April  3,  1814 — 37  Sess.  vol.  3.  142. 

By  the  sixth  section  of  tliis  act  the  botanic  garden  is  granted  to  Columbia  col- 
lege, upon  certain  conditions  specified  in  the  act,  and  by  the  twelfth  section 
thirty  thousand  dollars  is  to  be  paid  to  the  college  of  physicians  and  surgeons  of 
city  of  New-York.  Part  of  the  sixth  section  and  all  the  seventh  section  of  the 
said  act  are  repealed  by  the  act  of  February  19,  1819,  p,  26. 


TITLE  OF  ACTS.  65 

\ 

Axi  Act  relative  to  Inspectors  of  Beef  and  Pork  in  the  City  of 
New-York  ;  passed  April  13,  1814—37  Sess.-vol.  3.  149. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  Incorporate  the 
American  Insurance  Company  of  the  City  of  New-York  ;  passed 
April  15,  1814—37  Sess.vol.  3.  176. 

An  Act  relative  to  the  Lottery,  granted  to  the  Board  of  Health  of 
the  City  of  New-York;  passed  April  15,  1814—37  Sess.vol.  3. 
186. 

By  an  act  passed  April  7,  1806.  the  board  of  health  were  authorized  to  raise  the 
sum  of  twenty-five  thousand  dollars  by  lottery,  for  the  purpose  of  erecting  build- 
ings upon,  for  the  accomnnodation  of  the  sick.  And  by  an  act  passed  April  1 1, 
1808,  they  were  authorized  to  raise  the  further  sum  of  five  thousand  dollars  for 
the  benefit  of  the  orphan  asylum. 

An  Act  to  authorize  and  empower  the  Rector,  Wardens,  and 
Vestry-men  of  St.  Stephen's  Church,  in  the  City  of  New-York,  to 
Sell  and  Convey  the  property  therein  mentioned  and  for  other  pur- 
poses ;  passed  April  15,  1814 — 37  Sess.  vol.  3.  172. 

May  hold  real  and  personal  estate  to  the  3  early  value  of  sixty  thousand  dollars. 

An  Act  to  amend  an  act,  entitled,  an  Act  relative  to  Improve- 
ments touching  the  laying-out  of  Streets,  and  Roads  in  the  City  of 
New-York  and  for  other  purposes;  passed  April  15,  1814 — 37 
Sess.  vol.  3.  206. 

Relates  to  "  The  Parade,"  and  to  the  act  of  April  9, 1813,  26  Sess.  p.  185. 

An  Act  to  continue  in  force  an  act,  entitled,  an  Act  relative  to 
Pilots  of  the  port  of  New-York  ;  passed  April  15,  1814 — 37  Sess. 

Tol.  3.  219. 

♦ 
This  act  revives  and  continues  in  force  one  year,  "an  act  relative  to  pilots  of 
the  port  of  New- York,"  April  10,  1813,  2  Rev.  L.  p.  461. 

An  Act  to  Incorporate  the  New- York  Patent  Oil  Company  ;  pass- 
ed April  15,  1814—27  Sess.  vol.  3.  216. 

An  Act  for  the  payment  of  Certain  Officers  of  Government  and 
other  purposes;  passed  April  15,  1814 — 37  Sess.  vol.  3.  250. 

By  the  twenty-fifth  section  any  alderman  or  special  justice  in  the  citv  of  New- 
York,  may  execute  certain  duties  of  coroner,  and  by  the  forty-second  section  a 
certain  room  in  the  city-hall  to  be  furnished  at  the  expense  of  the  state.  The 
duties  imposed  upon  all  aldermen  or  special  justices  by  this  section,  are  enlarg-ed, 
2  Rev.  S.  p.  743,  sec.  9. 

An  Act  concerning  Vessels  in  the  Port  of  New-York ;  passed  Oc- 
tober 24,  1814—38  Sess.  vol  3.  25. 

This  act  empowers  the  mayor,  aldermen,  and  commonalty  of  the  city  of  New- 
York,  to  remove  vessels  lying  or  being  m  the  harbour  or  port  of  New- York. 
The  act  expressly  limits  its  power  to  '*  during  the  present  war  with  Great 
Britain. 


(56  TITLES  OF  ACTS. 

An  Act  10  provide  for  the  Repayment  of  certain  sums  of  money, 
advanced  by  the  Corporation  of  the  City  of  New- York,  for  the  de- 
fence of  this  State  and  for  other  purposes  ;  passed  October  24,  1814 
—38  Sess.  vol.  5.  30. 

V  V 

An  Act  in  addition  to  the  act  relative  to  the  next  Term  of  the 
Supreme  Court,  and  to  postpone  the  November  Sittings  in  the  City 
of  New-York;  passed  October  24,  1814—38  Sess.  vol.  3.  34. 

An  Act  to  enable  the  Trustees  of  the  Presbyterian  Church  in 
Cedar-street,  in  the  City  of  New-York,  to  hold  Real  and  Personal 
Estate  to  the  annual  value  or  income  therein  mentioned ;  passed 
February  17,  1815—38  Sess.  vol.  3.  39. 

Not  exceeding  five  thousand  dollars. 

An  Act  to  Incorporate  the  Butcher's  Benevolent  Society  of  New- 
York  ;  passed  March  3,  1815—38  Sess.  vol.  3.  59. 

This  act  is  revived  and  continued  fifteen  years  by  the  act  of  April,  1831, 
p.  190. 

An  Act  to  Incorporate  an  Association  for  the  Relief  of  respect- 
able, aged,  indigent  Females  in  the  Citv  of  New- York ;  passed 
March  19,  1815—38  Sess.  vol.  3.  74. 

An  Act  relative  to  the  United  Insurance  Company  in  the  City  of 
New-York,  and  for  further  extending  the  period  limited  by  law 
for  the  expiration  thereof;  passed  March  17,  1815. 

Until  the  first  day  of  May,  1835. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  Incorporate  the 
Eagle  Fire  Company  of  New-York;  passed  March  24,  1815 — 38 
Sess.  vol.  3.  78. 

Authorized  to  execute  policies,  &c.  without  tljeir  seal. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  Incorporate. the 
Firemen  of  the  City  of  New-York  as  an  Insurance  Company  ;  pass- 
ed March  31,  1815—38  Sess.  vol.  3.  110. 

Same  as  last  and  other  matters. 

An  Act  apportioning  the  Members  of  Assembly  of  this  state  ac- 
cording to  the  rule  prescribed  bv  the  Constitution ;  passed  April  8, 
1815—38  Sess.  vol.  3.  143. 

By  the  first  section  New- York  has  eleven  members. 

An  Act  to  amend  an  act,  entitled,  an  act  for  regulating  Elec- 
tions; (passed  March  20,  1813)  ;  passed  April  11,  1815— 38  Sess. 
vol.  3.  146. 

The  three  sections  repeal  the  act  of  March  29,  1813,  so  far  as  relates  to  the 
city  and  county  of  New- York;  and  this  act  is  repealed  by  the  repealing  act  of 
Dec.  10,  1828,  3  vol.  Rev.  S.  p.  129. 


TITLE  OF  ACTS.  67 

An  Act  concerning  Distresses  for  rent  in  the  City  and  County 
of  New- York  ;  passed  April  11,  1815—38  Sess.  vol.  3.  156. 

Repealed  by  the  repealing  act  of  Dec.  10,  182G,  3  Rev.  S.  3  vol.  p.  129. 

An  Act  altering  the  time  of  Electing  Charter  Officers  in  the  City 
of  New-York;  passed  April  11,  1815—38  Sess.  vol.  3.  160. 

Repealed  by  the  repealing  act  of  April  7,  1830,  4  sec.  Vide  "New-York," 
charter  of. 

An  Act  to  amend  an  act,  entitled,  an  Act  relative  to  the  Court  of 
Probates,  the  office  of  Surrogate,  and  the  granting  of  Administra- 
tions; passed  April  11,  1815—38  Sess.  vol.  3.  161. 

It  provides  for  the  appointment  of  a  public  administrator,  and  details  his  du- 
ties. T,his  act  repeals  the  seventeenth,  eighteenth,  nineteenth,  twentieth,  twen- 
ty-first,and  twenty-second  sections  of  the  act  of  April  8,  lol.S,  1  Rev.  L.  p.  444, 
and  the  twenty-ninth-section  of  the  act  to  reduce  the  severnl  laws  relating  parti- 
cularly to  the  city  of  ISew-York,  into  one  act;  passed  April  9,  1813,  2  vol.  Rev. 
L.  p.  342. 

An  Act  relative  to  Bastard  Children  in  the  City  of  New-York; 
passed  April  11,  1815—39  Sess.  vol.  3.  J63. 

The  act  authorizes  the  commissioners  of  the  almshouse  to  compromise  with 
the  putative  fathers  of  bastard  children.  Repealed  by  the  repealing  act  of  Dec. 
10,  1828,  Rev.  S.  3  vol.  p.  129. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen  of  the 
City  jof  New-York,  to  raise  Money  bv  Tax  ;  passed  April  11,  1815 
— 3S  Sess.  vol.  3.  164. 

One  hundred  and  eighty  thousand  dollars. 

An  Act  to  Incorporate  the  National  Insurance  Company;  passed 
April  14,  1815—38  Sess.  vol.  3.  173. 
Amended  by  the  act  of  April  14,  1815,  p.  8. 

An  Act  to  incorporate  the  Pacific  Insurance  Company;  passed 
April  14,  1815— 3S  Sess.  vol.  3.  179. 

This  act  is  amended  by  the  act  of  March  20,  1827,  authoriEing  a  reduction  of 
the  shares  of  th6  stock  of  the  company.     Laws  of  1827,  p.  97. 

An  Act  respecting  the  four  great  Senatorial  Districts  of  this 
State;  passed  April  17,  1815—38  Ses».  vol.  3.  209. 

By  the  first  section  of  this  act  the  southern  district,  the  city  and  county  of 
New-York,  the  counties  of  Kinjrs,  Queens,  Suftblk,  Richmond,  Westchester, 
Putman,  Dutchess,  and  Rockland  shall  elect  six  senators. 

An  Act  to  amend  an  act,  entitled,  an  Act  for  the  Repacking  and 
Inspecting  Beef  and  Pork  and  for  other  purposes ;  passed  A  ril 
18,  1815—38  Sess.  vol.  3.  238. 

This  act  directs  the  inspection  of  beef  and  pork,  to  be  made  in  stores  and  not 
elsewhere  in  the  city  of  New-York.  The  act  repeals  the  act  of  March  12,  1813, 
relating  to  the  repacking-  and  inspection  of  beef  and  pork,  2  Rev.  L.  p.  324,  and 
is  repealed  by  the  repealinj^  act  of  Dec.  10,  1828,  3  Rev.  S.  3  vol.  p.  129. 


^a  TITLE  OF  ACTS, 

An  Act  to  continue  in  forcie  an  act,  entitled,  an  Act  relative  to 
the  Pilots  of  the  Port  of  New- York  ;  passed  April  18,  1815 — 38 
Sess.  vol.  3.  249. 

Reviving  and  continuing  the  act  relative  to  pilots  of  the  port  of  New-York; 
passed  April  10,  1813,2  Rev.  L.  p.  462,  until  the  first  day  of  April,  1818. 

An  Act  to  extend  the  act,  entitled,  an  Act  to  Incorporate  the  Phoe- 
nix Insurance  Company,  of  New- York  ;  passed  April  18,  1815 — 
38  Sess.  vol.  3.  256. 

This  act  repeals  the  act  of  March  25,  1814,  chap.  59,  p.  56. 

An  Act  to  Incorporate  the  Fulton  Steam  Boat  Company ;  pass- 
ed April  18,  1815—38  Sess.  vol.  3.  256. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  Incorporate  the  Na- 
tional Insurance  Company  in  the  City  of  New-York ;  passed  April 
14,  1815—39  Sess.  vol.4.  8. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  Incorporate  the  Pa- 
cific Insurance  Company  of  New-York  ;  passed  April  5,  1816 — 
39  Sess.  vol.  4.  70. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen  of  the 
City  of  New-York  to  raise  Money  by  Tax  ;  passed  April  5,  1816 
—39  Sess.  vol.  4.  75. 

One  hundred  and  sixty-thousand  dollars.  By  the  fifth  section  of  this  act  it  is 
declared,  that  the  third  section  of  the  act,  entitled,  an  act  for  the  assessment  and 
collection  of  taxes,  does  not  apply  to  the  city  of  New-York,  but  that  the  assess- 
ment shall  be  yearly  made  under  the  annual  tax  laws  of  the  city. 

An  act  relative  to  the  duties  and  powers  of  Commissioners  of  Es- 
timate and  Assessment  on  opening  streets  and  avenues  ;  passed  April 
5,  1816—39  Sess.  vol.  5.  77. 


An  Act  to  amend  an  act,  entitled,  an  Act  to  Incorporate  the 
Washington  Insurance  Company  of  the  City  of  New- York;  (passed 
March  13,  1814) ;  passed  April  12,  1816—39  Sess.  vol.  4.  111. 

Authorized  to  execute  policies,  &:.c.  without  seal. 

An  Act  vesting  in  the  Trustees  of  St.  Peter's  Church  in  the  City 
of  New-York,  and  State  of  New-York,  all  the  Right  and  Title  of 
the  People  of  this  State,  in  the  Estate  of  Ann  Eleanor  Graham, 
deceased  ;  passed  April  12,  1816 — 39  Sess.  vol.  4.  117. 

An  Act  to  amend  the  act,  entitled,  an  ActV)  Incorporate  the  Mu- 
tual Insurance  Company  of  the  City  of  New-York  ;  passed  April 
12,  1816-^39  Sess.  vol.  4.  120. 
Authorizes  to  execute  policies  without  seal. 

An  Act  to  enable  the  Society  of  the  New- York  Hospital  to  erect 


TITLE  OF  ACTS.  69 

a  new  Building  for  the  accommodation  of  Insane  Patients ;  passed 
April  17,  1816—39  Sess.  vol.  4.  235. 

An  Act  authorizing  the  Commissary  General  to  fill  up  the 
ground  adjoining  the  State  Arsenal,  in  the  City  of  New-York ;  pass- 
ed November  12,  1816 — 40  Sess.  vol.  4.  8. 

An  Act  to  amend  an   act,  entitled,  an   Act  to   Incorporate   the 
New-York  Manufacturing  Company;  (passed  June  15, 1812);  pass- 
ed February  21,  1817—40  Sess.  vol.  4.  30. 
Altered  to  "  the  president  and  directors  of  the  Phoenix  Bank." 

An  Act  to  amend  an  act,  entitled,  an  Act  authorizing  the  arrest 
of  ships  or  vessels  for  debts,  contracted  by  the  Master,  Owner,  or 
Consignee,  for  and  on  account  of  such  ships  or  vessels  in  this  State  ; 
(passed  August  10,  1798:)  passed  February  28,  1817 — 40  Sess. 
vol.  4.  49. 

By  the  second  section  the  justice's  court  of  the  city  of  New-York  shall  have 
jurisdiction  of  the  matters  contained  in  the  act  and  the  amendatory  act. 

An  Act  for  the  relief  of  the  Eagle  Manufacturing  Company ; 
passed  February  28,  1817—4  vol.  L.  50. 

An  Act  explanatory  of  the  proviso  in  the  second  section  of  an 
act,  entitled,  an  act  further  to  amend  an  act,  entitled,  an  act  to 
incorporate  the  New-York  Manufacturing  Company  ;  passed  Febru- 
ary 28,  1817  :  passed  March  28,  1817—4  vol.  L.  84. 

Original  act  of  incorporation  passed  June  15,  1812.  Amended  February  21, 
1817,  p.  30. 

An  Act  postponing  for  one  week,  the  next  Sittings  appointed  to 
be  held  in  the  City  of  New-York,  and  appointing  an  Oyer  and 
Terminer  and  Circuit  Court  in  the  County  of  Chantauque  ;  passed 
March  21,  1817—4  vol.  L.  99. 

An  Act  authorizing  a  loan  of  Money  to  the  Trustees  of  the 
College  of  Physicians  and  Surgeons  of  the  City  of  New-York  ; 
passed  March  21,  1817—4  vol.  L.  100. 

An  Act  to  incorporate  the  auxiliary  New-York  Bible  and  Common 
Prayer  Book  Society  ;  passed  March  28,  1817 — 4  vol.  L.  102. 

An  Act  to  amend  the  act,  entitled,  an  act  to  incorporate  the 
Academy  instituted  in  the  City  of  New-York,  for  the  promotion  of 
the  Arts  ;  passed  March  28,  1817—4  vol.  L.  114. 

An  Act  to  authorize  the  Directors  of  the  New-York  Society  of 
St.  John,  to  alienate  their  real  estate  ;  passed  March  28,  1817 — 4 
vol.  L.  120. 


70  TITLE  OF  ACTS. 

An  Act  respecting  the  Free  School  Society  of  Nfew-York ;  passed 
April  5,  1817—4  vol.  L.  150. 

Directing  the  application  of  surplus  monies  by  the  trustees. 

An  Act  to  provide  for  the  dissolution  of  incorporated  Insurance^ 
Companies  in  the  City  of  New^-York ;    passed  April  5,   1817 — 4 
vol.  L.  150. 

Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  p.  129. 

An  Act  to  facilitate  the  intercourse  between  the  Western  part  of 
this  State  and  the  City  of  New-York  ;  passed  April  5,  1817 — 4 
vol.  L.  169. 

An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen  of  the 
City  of  New-York  to  raise  money  by  a  tax  ;  passed  April  5,  181T 
—4  vol.  L.  179. 

Annual  tax  law,  one  hundred  and  eighty  thousand  dollars. 

An  Act  to  incorporate  the  members  of  the  religious  Society  of 
Roman  Catholics,  belonging  to  the  Congregation  of  St.  Peter's 
Church  in  the  City  and  County  of  New- York  ;  passed  April  11, 
1817— 4  vol.  L.  239. 

This  act  is  amended  by  the  act  of  April  3,  1821,  p.  244. 

An  Act  to  incorporate  the  New-York  Female  Assistant  Society  ; 
passed  April  11,  1817—4.  vol.  L.  244. 

An  Act  to  amend  an  act,  entitled,  an  act  to  reduce  several  laws 
relating  particularly  to  the  City  of  New-York,  into  one  act,  passed 
April  14,  1817-4.  vol.  L.  273. 

This  act  relates  to  the  appointment,  duty  and  fees  of  pilots,  and  amends  the 
two  hundred  and  ninety-eighth  section  of  the  act  to  reduce  the  several  laws 
relating  particularly  to  the  city  of  Nev/- York  into  one  act — 2  Rev.  Laws.- 

An  Act  to  amend  an  act,  entitled,  an  act  to  regulate  the  Culling 
of  Staves  and  Heading;  passed  April  14,  1817 — 4  vol.  L.  270. 

This  act  gives  the  fees  of  the  inspector  general  and  cullers  of  staves  and 
heading  in  New-York,  and  repeals  the  sixth  section  of  the  law  of  March  26, 
1813,  and  is  repealed  by  the  repealing  act  of  December  10,  1828,  3  Rev.  Stat, 
p.  270. 

Au  Act  to  incorporate  the  members  of  the  religious  Society  of 
Roman  Catholics,  belonging  to  the  Congregation  of  St.  Patrick's 
Cathedral  in  the  City  of  New-York  ;  passed  April  14,  1817 — 4 
vol.  L.  275. 

An  Act  to  incorporate  the  Roman  Catholic  Benevolent  Society 
in  the  City  of  New-York  ;  passed  April  15,  1817—4  vol.  L.  343. 


TITLE  OF  ACTS.  7j 

An  Act  for  the  relief  of  Ann  Warner;  passed  February  10, 
1818 — 4  vol.  L.  6. 

This  act  relates  to  lot  of  ground  in  the  city  of  New-York  released  by  the 
Btate  to.  Ann  Warner. 

An  Act  concerning  the  New- York  Firemen  Insurance  Company  j 
passed  February  27,  1818 — 4  vol.  L.  11. 

By  this  act  the  business  of  the  company  is  to  be  closed  and  new  stock  created, 
and  the  act  to  incorporate  the  firemen  of  the  city  of  New- York  as  an  insurance 
company,  passed  March  2,  1810.  And  the  act.  entitled,  an  act  to  amend  the 
act,  entitled,  an  act  to  incorporate  the  firemen  of  the  city  of  New-York,  passed 
March  1,  1815,  are  to  apply  and  are  continued  in  force. 

An  Act  to  incorporate  the  New-York  Typographical  Society  ; 
passed  February  27,  1818—4  vol.  L.  13. 

The  duration  of  this  charter  by  the  act  is  fifteen  years.  It  was  amended  by 
the  act  of  April  20, 1832,  and  revived  and  continued  fifteen  years.  See  laws  of 
1832,  p.  337. 

An  Act  for  the  relief  of  Eliza  Hatfield  ;  passed  March  6,  1818 — 
4  vol.  L.  25. 

This  act  relates  to  certain  real  estate  in  the  fourth  ward  of  the  City  of 
New- York. 

An  Act  to  enable  the  Presbyterian  Church  in  Cedar  Street,  in 
the  City  of  New-York,  to  hold  real  and  personal  estate  to  the 
annual  value  or  income  therein  mentioned  ;  passed  March  13,  1818 
—4  vol.  L.  33. 

An  Act  to  incorporate  the  Franklin  Fire  Insurance  Company ; 
passed  March  13,  1818—4  vol.  L.  34. 

An  Act  authorizing  the  appointment  of  Guagers  and  Inspectors 
of  Fish  Oils ;  passed  March  31,  1818—4  vol.  L. 

By  this  act  one  inspector  to  be  appointed  for  the  city  of  New-York,  whose 
jurisdiction  is  to  include  Brooklyn.  The  act  is  repealed  by  the  repealing  act  of 
December  10,  1828—3  Rev.  Stat.  p.  129. 

An  Act  to  incorporate  the  Union  Insurance  Companv  ;  passed 
March  31,  1818 -4  vol.  L.  63.  • 

An  Act  further  to  amend  an  act,  entided,  an  act  to  incorporate 
the  Stockholders  of  the  New-York  Insurance  Company  ;  passed 
April  10,  1818—4  vol.  L.  84. 

An  Act  to  incorporate  the  Mercantile  Insurance  Company  of 
New-York  ;  passed  April  10,  1818 — 4  vol.L.  89. 

An  Act  to  incorporate  the  Young  Men's  Missionary  Society  of 
New-York  ;  passed  April  10,  1818— 4  vol.  L.  119. 


72 


TITLE  OF  ACTS. 


An  Act  to  incorporate  the  New-York  Benevolent  Society  ;  passed 
April  15,  1818— 4  vol.  L.  134. 

An  Act  to  revive  an  act,  entitled,  an  act  to  incorporate  the 
Society  of  Teachers,  in  the  City  of  N«w-York,  for  benevolent  and 
literary  purposes;  passed  April  15,  1818 — 4  vol.  L.  137. 

An  Act  concerning  the  seal  of  the  Court  of  Common  Pleas, 
called  the  Mayor's  Court  of  the  City  of  New-York  ;  passed  April 
15,  1818— 4  vol.  L.  144. 

An  Act  to  vest  certain  powers  in  certain  judges  of  the  Courts 
of  Common  Pleas,  and  for  other  purposes;  passed  April  20,  1818 
—4  vol.  L.  173. 

By  the  last  section  judges  of  the  supreme  court  who  shall  reside  in  New- 
York  entitled  to  fees  for  chamber  business.  This  act  is  repealed  by  the  act  of 
December  10,  1828—3  Rev.  Stat.  p.  129. 

An  Act  to  incorporate  the  Lyceum  of  Natural  History  in  the 
City  of  New-York  ;  passed  April  20,  1818—4  vol.  L.  176. 

An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen  of  the 
City  of  New-York,  to  raise  money  by  a  tax ;  passed  April  20, 
1818—4  vol.  L.  190. 

Annual  tax  law  two  hundred  and  fifty  thousand  dollars. 

An  Act  for  the  relief  of  the  corporation  of  the  United  German 
Lutheran  Churches  in  the  City  of  New- York  ;  passed  April  20 
1818— 4  vol.  L.  195. 

An  Act  relative  to  the  Commissioners  of  excise  in  the  City  of 
New-York  ;  passed  April  20,  IS18— 4  vol.  L.  208. 

An  Act  authorizing  the  Health  Commissioners  of  the  City  of 
New-York,  to  lay  out  a  road  on  Staten  Island  ;  passed  April  20, 
1818— 4  vol.  L.  210. 

An  Act  to  organize  the  Militia  ;    passed  April  21,  1818 — 4  vol. 

L.  210. 

This  act,  from  the  forty-sixth  section  to  the  sixtieth  and  last  section,  relates 
to  the  city  of  New-York,  and  repeals  all  former  acts  relating  to  the  same  subject. 
This  act  is  repealed  by  the  repealing  act  of  December  20, 1828 — 3  Rev.  Stat. 
p.  129,  and  all  acts  amending  the  same  and  relating  to  the  subject  matter  thereof. 

An  Act  to  amend  an  act,  entitled,  an  act  concerning  distresses, 
rents  and  renewal  of  leases  ;  passed  April  5,  1813;  passed  April 
21,  1818— 4  vol.  L.  235. 

Repealed  April  13,  1820,  session  43,  p.  176. 

An  Act  for  the  preservation  of  Heath  Hens,  Partridge,  Quail, 
and  Woodcocks ;  passed  April  21,  1818—4  vol.  L.  265. 


'riTLE  OF  ACTS.  73 

This  act  repeals  all  former  acts  upon  the  same  subject,  and  is  repealed  by  the 
act  of  December  10,  1828 — 3  Rev.  L.  p.  129.  Vide  title  ^'g-ame"  in  this 
volume. 

An  Act  to  incor]V)rate  the  President,  Directors,  and  Company  of 
the  Franklin  Bank,  of  the  City  of  New- York;  passed  April  21, 
1818— L.  272. 

An  Act  to  amend  an  act,  entitled,  an  act  to  facilitate  the  inter- 
course between  the  western  part  of  this  State  and  the  City  of  New- 
York  ;  passed  April  21,  1818— L.  283. 

Commis.-ioners  of  the  Milford  and  Owego  road,  by  this  act  are  anthorized  to 
draw  a  lottery  in  the  city  of  New-York. 

An  Act  modifying  the  act,  entitled,  an  act  to  extend  the  jurisdic- 
tion of  justices  of  the  peace,  as  it  respects  the  City  of  New-York, 
and  for  other  purposes  ;  passed  April  21,  1818 — L.  287. 

An  Act  to  continue  in  force  an  act,  entitled,  an  act  relative  to  the 
Pilots  of  the  Port  of  New-York  ;  passed  April  21,  1818— L.  288. 

The  original  act  of  which  this  act  is  amendatory,  was  passed  April  10,  1813, 
2  Rev.  Laws,  p.  461. 

An  Act  for  the  relief  of  the  Trustees  of  the  third  Congregation  of 
the  Associate  Reformed  Church,  in  the  City  of  New-York ;  passed 
February  5,  1819 — L.  8. 

May  have  an  annual  income  not  exceeding-  ten  thousand  dolhirs  arising  from 
their  real  and  personal  estate. 

An  Act  relative  to  Columbia  College  in  the  City  of  New-York  ; 
passed  February  19,  1819— L.  26. 

The  act  to  which  this  is  amendatory  was  passed  April  13,  1814,  p.  142. 

An  Act  to  amend  an  act,  entitled,  an  act  to  incorporate  the 
Franklin  Fire  Insurance  Company;  passed  February  19,  1819 — 
L.  28. 

By  this  act  the  company  are  authorized  to  dispense  with  the  use  and  applica- 
tion of  their  corporate  seal  to  contracts. 

An  Act  to  enable  the  Minister,  Elders  and  Deacons,  of  the  Re- 
formed Protestant  Dutch  Church  in  Garden  Street,  in  the  City  of 
New-York,  to  hold  real  and  personal  estate  of  the  annual  value  or 
income  therein  mentioned  ;  passed  March  5,  1819 — L.  30. 

Not  exceeding  ten  thousand  dollars. 

An  Act  to  enable  the  Trustees  of  the  New- York  Society  Library 
to  increase  the  yearly  sums  payable  on  the  shares  of  the  said 
Library  ;  passed  March  5,  1819 — L.  33. 

An  Act  to  amend  the  act,  entitled,  an  act  to  provide  for  the 

10 


74  TITLE  OF  ACTS. 

incorporation  of  Religious  Societies;  passed  March  5,  1819 — L. 

34. 

First  section  relates  to  Episcopal  churches.  Second  section  remedies  certain 
defects  in  incorporations  then  in  existence.  Third  section  authorizes  all  reli- 
j^ious  incorporations  in  New-York,  to  hold  real  ^nd  per^nal  estate  of  the  an- 
nual income  or  value  of  six  thousand  dollars. 

An  Act  to  incorporate  the  Baptist  Education  Society  of  the  State 
of  New-York  ;  passed  March  5,  1819— L.  36. 

An  Act  for  the  relief  of  the  Free  School  Society  in  the  City  of 
New-York  ;  passed  March  26,  1819— L.  70. 

Five  thousand  dollars  granted  to  the  trustees  of  said  Society. 

An  Act  to  incorporate  the  Fulton  Fire  Insurance  Company  in 
the  City  of  New- York  ;  passed  April  2,  1819— L.  92. 

An  Act  to  incorporate  the  Merchants  Fire  Insurance  Company ; 
passed  April  2,  1S19— L.  97. 

An  Act  to  enable  the  Mayor,  Recorder  and  Aldermen  of  the 
City  of  New-York,  to  raise  money  by  tax  ;  passed  April  7,  1819 
— L.  119. 

Annual  tax  law  two  hundred  and  fifty  thousand  dollars. 

An    Act  for   incorporating  the   Ocean    Steam   Ship  Company  ;     . 
passed  April  7,  1819— L.  128. 

An  Act  to  incorporate  the  Mechanic  Fire  Insurance  Company  of 
the  City  of  New-York  ;  passed  April  7,  1819 — 42  session,  laws  of 
1819,  p.  131. 

An  Act  to  provide  for  the  Inspection  of  Hops  ;  passed  April  9^ 
1819— Ibid.  144. 

This  act  authorizes  the  s-overnor  and  senate  to  appoint  an  inspector  of  Hops  in 
the  cities  of  New-York  and  Albany,  and  directs  the  manner  of  inspection  and  the 
penalties  for  neglect,  &c.  It  is  repealed  by  the  repealing  act  of  December  10, 
18'28— SRev.Stat.  129. 

An  Act  to  aid  the  Erection  of  Places  of  Worship  at  the  Quaran- 
tine Ground,  on  Staten  Island  ;  passed  April  9,  1819 — Ibid.  150. 

An  Act  to  enable  the  Minister,  Elders,  and  Deacons  of  the  Re- 
formed Protestartt  Dutch  Church  in  the  City  of  New-York,  to  hold 
Real  and  Personal  Estate  of  the  annual  value  or  income  therein 
mentioned;  passed  April  9,  1819 — Ibid.  157. 

Twenty-five  thousand  dollars. 

An  Act  respecting  the  Female  Association  ;  passed  April  12, 
1819— Ibid.  216. 


TITLE  OF  ACTS.  75 

An  Act  to  incorporate  the  New-York  Evangelical  Missionary  So- 
ciety ;  passed  April  12,  1819— Ibid. -218. 

An  Act  to  incorporate  the  United  Benevolent  Society  of  Tailors 
of  the  City  of  New- York ;  passed  April  12,  1819— Ibid.  227. 

An  Act  to  incorporate  the  Society  for  Promoting  the  Gospel 
among  Seamen  in  the  Port  of  New-York  ;  passed  April  13,  1819 
—Ibid.  235. 

An  Act  to  incorporate  the  Wesleyan  Seminary ;  passed  Apnl  13, 
1819— Ibid.  249. 

An  Act  relative  to  Harman-street  in  the  City  of  New- York  ; 
passed  April  13,  1819— Ibid.  255. 

An  Act  relative  to  Lotteries  ;  passed  April  13,  1819 — Ibid.  258. 

This  act  applies  to  the  city  of  New- York  ;  and  by  the  provisions  of  the  act,  half 
the  fines  for  offences  committed  in  the  city  and  county  of  New-York  are  to  be 
divided  between  the  Institution  for  the  Deaf  and  Dumb  and  the  Free  School  So- 
ciety of  the  city  of  New- York.  It  repeals  all  former  acts  relating-  to  lotteries, 
and  is  itself  repealed  by  the  repealing-  act  of  December  10, 1828 — 3  Rev.  L.  I'^y. 

An  Act  to  incorporate  the  "  French  Benevolent  Society"  ;  passed 
April  13,  1819— Ibid.  273. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  organize  the  Militia  ; 
passed  April  13,  1819— Ibid.  282. 

This  act  repeals  the  act,  entitled,  "  an  act  to  org-anize  the  militia,'"  passed  April 
21,  1818,  (p.  210,)  so  far  as  it  relates  to  the  city  of  New-York;  and  is  repealed 
by  the  repealing  act  of  December  10,  1828 — 3  Rev.  L.  129. 

The  first  seventeen  sections  apply  to  the  city  of  New-York. 

An  Act  to  amenu  an  Act,  entitled,  an  Act  to  reduce  the  several 
Laws  relating  f)articularly  to  the  City  of  New-York  into  one  Act, 
so  far  as  it  relates  to  Assistant  Justices  ;  passed  January  4,  I  820 — 
43  session,  laws  of  1 820,  p.  4. 

See  the  repealing  act  of  December  10,  1829 — 3  Rev.  Stat.  129,  No.  293. 

An  Act  to  enable  the  Corporation  of  the  First  Baptist  Church  in 
the  City  of  New-York  to  Sell  and  Convey  the  Land  therein  describ- 
ed ;  passed  January  21,  1820 — Ibid.  10. 

An  Act  for' the  Relief  of  the  Devisees  of  Joseph  Watkins,  de- 
ceased ;  passed  January  28,  J  820 — Ibid.  12. 

This  act  relates  to  ground  and  improvements  thereon  in  the  eighth  ward  of  tha 
city  of  New-York. 

An  Act  to  incorporate  the  Cartmen's  Benevolent  Society  of  the 
City  of  New- York  ;  passed  January  28,  1820— Ibid.  17. 

An  Act  for  the  Relief  of  Charles  Reade  ;  passed  January  28,  1 820 
—Ibid.  24. 


76  TITLE  OF  ACTS. 

Relating  to  a  house  and  lot  in  William-street,  New-York. 

An  Act  to  amend  an  Act,  entitled,  an  Act  relative  to  Lotteries, 
(passed  April  13,  1819) ;  passed  January  28,  1820— Ibid.  24. 

This  act  repeals  part  of  tiie  9th,  10th,  and  1  Itk  sections  of  the  act  of  April  13, 
1819,  (p.  258,)  which  requires  venders  of  tickets,  residing-  in  Albany,  Hudson, 
Schenectady,  and  Troy,  or  in  any  town  or  county  in  this  state,  to  take  out  a  li- 
cense.    It  is  repealed  by  the  repealing  act  of  Dec.  10,  1828 — 3  Rev.  St.  129. 

State  ofSce  of  the  managers  established  in  New-York. 

An  Act  to  amend  the  Act  to  provide  for  the  Inspection  of  Dis- 
tilled Spirits  ;  passed  April  IS,  1814— Ibid.  47. 

This  act  is  repealed  by  the  repealing  act  of  December  10, 1828 — S  Rev.  L.  129. 

An  Act  to  enable  the  Mayor,  Recorder,  and  Aldermen  of  the  City 
of  New- York  to  raise  Money  by  Tax ;  passed  March  10,  1820 — 
Ibid.  69. 

Annual  tax  law.     Two  hundred  and  fifty  thousand  dollars. 

An  Act  to  incorporate  the  North  River  Steam  Boat  Company  ; 
passed  March  10,  1820— Ibid.  72. 

An  Act  to  authorize  the  Rector,  Churchwardens,  and  Vestrymen 
of  Trinity  Church  in  the  City  of  New-York,  to  sell  certain  real 
estate  ;  passed  March  24,  1820— Ibid.  76. 

An  Act  to  incorporate  the  Consistory  of  the  Reformed  Presbyte- 
rian Church,  in  the  City  of  New-York  ;  passed  March  24,  1820 — 
Ibid.  81. 

Income  not  to  exceed  five  thousand  dollars. 

An  Act  concerning  the  Bank  of  Savings  in  the  City  of  New-York  ; 
passed  March  24,  1820— Ihid.  93. 

An  Act  relative  to  the  Common  Lands  of  the  Freeholders  and 
Inhabitants  of  Harlfem  ;  passed  March  28,  1820— Ibid.  96. 

An  Act  relative  to  the  Roman  Catholic  Benevolent  Society  in  the 
City  of  New-York  ;  passed  April  1,  1820— Ibid.  117. 

An  Act  to  aid  the  Erection  of  a  Place  of  Worship  at  the  Quar- 
antine Ground,  on  Staten-Island  ;  passed  April  11,  1820 — Ibid.  160. 

An  Act  relative  to  the  State  Prison  at  New-York;  passed  April 
12,1820— ibid.  169. 

An  Act  to  amend  an  Act,  entitled,  an  Act  concerning  Distresses 
for  Rent  and  Renewal  of  Leases,  (passed  April  5,  J  813,)  and  for 
other  purposes;  passed  April  13,  1820 — Ibid.  176. 

This  act  repeals  the  act  of  April  21, 1818.  The  fourth  section  relates  particu- 
larly to  the  city  of  New-York,  and  gives  the  construction  to  certain  ag-reemenfs 
where  the  time  is  not  snecified,  &c.  The  act  is  repealed  by  the  repealing^  act  of 
December  10,  1829—3  Rev.  Stat.  129. 


TITLE  OF  ACTS.  77 

An  Act  to  provide  against  Infectious  and  Pestilential  Diseases  ; 
passed  April  14,  1820— Ibid.  208. 

This  act  applies  to  the  city  of  New-York,  and  repeals  all  former  laws  that  come 
within  the  purview  of  it. 

An  Act  making  an  appropriation  for  the  Support  of  the  New-York 
and  Auburn  State  Prisons,  and  for  other  purposes ;  passed  April 
14,  1820— Ibid.  250. 

Fifteen  thousand  dollars  appropriated  to  the  New-Tork  state  prison. 

An  Act  to  amend  an  Act,  entitled,  an  Act  relative  to  the  General 
Society  of  Mechanics  and  Tradesmen  of  the  City  of  New-York, 
(passed  April  3, 1811)  ;  passed  January  26,  1821 — 44  session,  laws 
of  1821,  p.  10. 

Authorized  to  establish  "  The  Mechanics'  School,"  and  "  The  Apprentices' 
Library." 

An  Act  to  amend  an  Act,  entitled,  an  Act  concerning  the  New- 
York  Firemen  Insurance  Company  ;  passed  February  27,  1821 — 
Ibid,  14. 

Reducing-  the  stock  to  300,000  dollars,  and  altering'  the  name  to  "  The  Hope 
Insurance  Company." 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the 
Fulton  Fire  Insurance  Company  in  the  City  of  New-York  ;  passed 
January  29,  1821— Ibid.  16. 

An  Act  for  the  establishment  of  a  Court  of  Common  Pleas  in 
the  City  and  County  of  New-York,  and  for  the  appointment  of  a 
First  Judge  of  the  same  ;  passed  February  27,  1821 — Ibid.  64. 

This  act  is  repealed  by  the  repealing-  act  of  December  10,  182o,  (3  Rev.  S(af. 
64,)  except  the  9th  and  lOlh  sections,  fixing  the  salaries  of  the  major  and  recorder, 
which  see  in  the  volume. 

An  Act  to  incorporate  the  New-York  Nautical  Institution  and 
Ship  Masters'  Society;  passed  March  23,  1821 — Ibid.  116. 

An  Act  to  incorporate  the  Manhattan  Fire  Insurance  Company 
in  the  City  of  New-York  ;  passed  March  23,  J  821— Ibid.  130. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  provide  for  the  Dis- 
solution of  incorporated  Insurance  Companies  in  the  City  of  New- 
York,  (passed  April  5,  1817)  ;  passed  March  23,  1821— Ibid.  141. 

Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  St^.  129. 

An  Act  respecting  the  Sealers  and  Inspectors  of  Weights  and 
Measures  in  the  City.of  New-York  ;  passed  March  27,  1821 — Ibid. 
150. 

The  2d  and  3d  sections  of  the  act  repealed  by  the  act  of  December  10,  1828 
—3  Rev.  Stat.  129,  ^329. 


78 


TITLE  OF  ACTS. 


An  Act  to  Repeal  the  Seventh  Section  of  the  Act  therein  men- 
tioned ;  passed  March  27,  1821— Ibid.  155. 

Relating  to  assistant  jusUces  in  New-York. 

An  Act  to  amend  an  Act,  entitled,  ah  Act  for  the  establishment 
of  a  Court  of  Common  Pleas  in  the  City  and  County  of  New-York, 
and  for  the  appointment  of  a  First  Judge  of  the  same  ;  passed  March 
30, 1821— Ibid.  179. 

Repealed  by  the  act  of  December  10,  1828—3  Rev.  Stat.  129. 

An  Act  relative  to  the  Public  Administrator  in  the  City  of  New- 
York ;  passed  March  31,  1821— Ibid.  187. 

Repealed  by  the  act  of  December  10,  1828—3  Rev.  Stat.  129. 

An  Act  concerning  State  Prisons  ;  passed  April  2,  1821 — Ibid, 
215. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the  Mem- 
bers of  the  Religious  Society  of  Roman  Catholics  belonging  to  the 
Congregation  of  St.  Peter's  Church  in  the  City  and  County  of  New- 
York,  (passed  April  11,  1817)  ;  passed  April  3,  1821— Ibid.  244. 

The  act  incorporating-  the  Society  of  Roman  Catholics  may  be  found  in  the 
lawsof  1817,  Aprilll,  p.  239. 

An  Act  to  incorporate  the  North  River  Insurance  Company  in  the 
City  of  New-York  ;  passed  February  26,  1822 — 45  session,  laws  of 
1822,  p.  16. 

An  Act  for  the  Relief  of  the  Trustees  of  the  Bethel  Baptist 
Church  in  the  City  of  New-York;  passed  February  8,  1822 — 
Ibid.  21. 

An  Act  to  incorporate  the  Farmers'  Fire  Insurance  and  Loan 
Company;  passed  February  28,  1822 — Ibid.  47.      . 

An  Act  to  incorporate  the  New-York  Mechanic  Life  Insurance 
and  Coal  Company  ;  passed  February  28,  1822 — Ibid.  54. 

An  Act  to  continue  in  force  the  Act  to  incorporate  the  Ancient 
Britons'  Benefit  Society  of  the  City  of  New-York  ;  passed  March 
22,  1822— Ibid.  75. 

Chartered  the  27th  of  February,  1807 — continue<l  for  tvrenty-one  years  from 
the22dof  March,  1822 

An  Act  to  incorporate  the  New-York  Horticultural  Society  ;  pass- 
ed March  22,  1822— Ibid.  79. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  raise  Money  by  Tax  ;  passed  March  22,  1822 
—Ibid.  88. 

Two  hundred  and  fifty  thousand  dollars. 


TITLE  OF  ACTS.  79 

An  Act  to  incorporate  the  New-York  Mechanic  and  Scientific 
Institution  ;  passed  Marcli  22,  1822— Ibid.  94. 

An  Act  for  the  relief  of  the  Trustees  of  the  Central  Presbyterian 
Church  of  the  City  of  New-York  ;  and  for  the  relief  of  the  First 
Congregational  Society  of  West  Pultney,  in  the  Town  of  Riga,  in 
the  County  of  Monroe  ;  passed  March  22,  1822 — Ibid.  101. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  Inspection  of 
Flour  and  Meal,  and  to  establish  the  Standard  Weight  of  Grain 
therein  mentioned,  (passed  March  5,  1813)  ;  passed  March  9,  1822 
-—Ibid.  117. 

This  act  repeals,  in  part,  the  act  of  March  5,'  1813,  and  all  acts  amending"  the 
same.     The  4th  section  of  the  act  relates  to  the  city  of  New-York. 

An  Act  to  incorporate  the  New-York  Eye  Infirmary ;  passed 
March  29,  1822— Ibid.  127. 

An  Act  for  the  relief  of  the  College  of.  Physicians  and  Surgeons 
in  the  City  of  New-York;  passed  March  29,  1822— -Ibid.  131. 

An  Act  to  extend  and  continue  in  force,  an  act  to  incorporate  the 
Hibernian  Provident  Society  of  the  City  of  New-York ;  passed 
April  5,  1822—45  Sess.  137. 

An  Act  to  incorporate  the  General  Theological  Seminary  of  the 
Protestant  Episcopal  Church  in  the  United  States  ;  passed  April  5, 
1822—45  Sess.  140. 

An  Act  to  incorporate  the  New-York  Contributionship  for  the 
Insurance  of  houses  and  property  from  Loss  by  Fire  ;  passed  April 
5,  1822—45  Sess.  144. 

An  Act  for  the  Inspection  of  Flax-seed  and  to  regulate  the  ex- 
portation thereof ;  passed  April  5,  1822 — 45  Sess.  148. 

By  this  act  provision  is  made  for  the  appointment  of  an  inspector  of  flaxseed 
for  the  city  and  coimty  of  New-York,  who  is  authorized  to  nppoint  a  deputy.  It 
repeals  the  act  of  March  21,  1801,  1  VV.  p.  230,  relating  to  the  inspection  of  flax. 
Both  acts  are  repealed  by  the  repealing  act  of  December  10,  1828,  3  vol.  Rev.  S. 
p.  129. 

An  Act  concerning  the  Inspection  of  Pot  and  Pearl  Ashes;  pass- 
ed April  5,  1822—45  Sess.  159. 

This  act  authorizes  the  appointment  of  three  inspectors  for  the  city  of  New- 
York  ;  and  by  an  amendatory  act  of  April  18,  1823,  p.  326,  the  number  is  in- 
creased to  five.  This  act  repeals  all  former  acts  respecting  the  same  subject, 
and  both  the  act  and  amendrtory  acts  are  repealed  by  the  repealing  act  of  De- 
cember 10, 1828,  3  vol.  Rev.  S.  p.  129. 

An  Act  regulating  the  time  and  manner  of  electing  General  State 
Officers,  Justices  of  the  Peace,  and  prescribing  the  number  of  Corn- 


QQ  TITLE  OF  ACT5. 

ners  to  be  elected  in  each  County  by  the  people  ;  passed  April  Z  2, 

1822—45  Sess,  180. 

By  the  fourth  section,  but  one  coroner  is  to  be  elected  in  the  city  and  county 
of  New- York.  The  act  is  repealed  by  the  repealing  act  of  December  10,  1828, 
3  Rev.  S.  p.  129.  i 

An  Act  to  incorporate  the  Chatham  Fire  Insurance  Company  of 
the  City  of  New-York  ;  passed  April  16,  1822—45  Sess.  218.  " 

An  Act  respecting  the  election  of  Charter  Officers  in  the  City  of 
New-York  ;  passed  April  16,  1822—45  Sess.  246. 

Altering-  the  time  of  holding-  the  charter  elections  to  the  time  of  holding-  the  gen- 
eral state  election,  and  extending  the  right  of  suffrage. 

An  Act  relative  to  the  Farmer's  Fire  Insurance  and  Loan  Com- 
pany ;  passed  April  17,  1822 — 45  Sess.  254. 

An  Act   concerning  Loan  Offices;  passed  April  17,  1822 — 45 
Sess.  265. 
The  third  section  relates  to  leans  made  in  New-York. 

An  Act  for  regulating  Elections;  passed  April  17,  1822 — 45 
Sess.  267. 

By  the  sixteenth  section  the  state  is  divided  into  thirty  congressional  districts, 
of  which  the  city  and  county  of  New-York  compose  the  third  district,  and  is 
entitled  to  elect  three  members.  This  act  repeals  all  prior  laws  upon  the  same 
subject,  and  is  repealed  by  the  repealing  act  of  December  10,- 1828,  3  Rev.  S.  3 
vol.  p.  129. 

An  Act  to  amend  the  act,  entitled,  an  act  for  the  support  of  Com- 
mon Schools;  (passed  April  12,  1819  );  passed  April  17,  1822 — 
45  Sess.  287. 

Th«  fourth  section  relates  to  the  city  of  New- York. 

An  Act  in  addition  to  the  act,  entitled,  an  Act  for  the  payment  of 
the  Officers  of  Government  therein  mentioned ;  (passed  April  3, 
1821,  and  for  other  purposes;)  passed  April  17,  1822 — 45  Sess. 
298. 

The  eighteenth  section  relates  to  opening  White-street  through  the  arsenal. 
The  4th,  5th,  6th,  22d,  25th,  26th,  and  S3d  sections  of  the  act  repealed  by  the 
repealing  act  of  Dec.  10,  1828,  3  Rev.  S.  p.  129. 

An  Act  making  appropriations  for  the  support  of  State  Prisons  ; 
passed  April  17,  1822—45  Sess.  318. 

An  Act  authorizing  the  Trustees  of  the  Corporation  of  the  Ger- 
man Reformed  Church,  in  the  City  of  New- York,  to  Mortgage  cer- 
tain Real  Estate ;  passed  January  20,  1823—46  Sess.  5. 

An  Act  to  incorporate  the  Merchant's  Exchange  Company ;  pas- 
sed January  27,  1823 — 46  Sess.  10. 


TITLE  Ot"  ACTS.  81 

An  Act  to  incorporate  the  New-York  Chemical  Manufacturiag 
Company  ;  passed  February  24,  1823 — 46  Sess.  37. 

An  Act  to  Confirm  the  Title  of  Philip  P.  Livingston  in  and  to  a 
lot  of  ground  in  the  City  of  New- York  ;  passed  Feb.  28,  1823 — 
46  Sess.  45. 

An  Act  to  regulate  the  Culling  of  Staves  and  Heading  in  the 
City  and  County  of  New-York;  passed  March  8,  1823 — 46  Sess. 
49. 

This  act  repeals  all  former  laws  relating  to  the  city  upon  the  same  subject,  and 
is  repealed  by  the  repealing  act  of  December  10,  1828,  3  vol.  Rev.  S.  129.     * 

An  act  empowering  the  Corporation  of  St.  Stephen's  Church  in  the 
City  of  New-York,  to  Mortgage  certain  real  estate;  passed  March 

14,  1823— 46  Sess.  58. 

An  Act  respecting  the  Court  of  Probates,  and  providing  for  the 
appointment  of  Surrogates  and  Justices  in  Cities  ;  passed  March  21 , 

1823—46  Sess.  62. 

This  act  abolishes  the  court  of  probates,  and  transfers  the  power  and  duties  to 
the  surrogates,  and  the  seventh  and  eighth  sections  direct  the  mode  of  appointment 
of  surrogates,  and  of  the  justices  of  the  marine  court,  in  the  city  and  county  of 
New- York.  The  act  is  repealed  by  the  repealing  act  of  December  10,  1828,  3 
vol.  Rev.  S.  129. 

An  Act  to  provide  against  Infectious  and  Pestilential  Diseases; 
passed  March  21,  1823 — 46  Sess.  64. 

This  act  establishes  a  board  of  health  in  New-York,  and  points  out  the  duties 
of  the  resident  physician  and  health  commissioners.  This  act  repeals  all  acts 
and  pans  of  acts  that  come  within  the  purview  of  it,  and  is  itself  repealed  by  the 
rjBpealing  act  of  December  10,  1828,  S  Rev.  S.  p.  129,  and  all  acts  amending  the 
same. 

An  Act  to  provide  for  the  erection  of  a  Fever  Hospital  in  the 
City  of  New-York  ;  passed  March  24,  1823 — 46  Sess.  92. 

An  Act  to  incorporate  the  Gas  Light  Company  of  the  City  of 
New-York  ;  passed  March  26,  1823—46  Sess.  99. 

An  Act  to  incorporate  the  Phoenix  Fire  Insurance  Company  in 
the  City  of  New- York  ;  passed  March  29,  1823 — 46  Sess.  111. 

An  Act  to  provide  for  the  Permanent  Regulation  of  certain 
Streets  in  the  City  of  New- York;  passed  April  10,  1823—46  Sesso 
146. 

Repealed  April  14,  1827— 50  sess.  p.  249. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  raise  Money  by  Tax  ;  passed  April  12,  1823 
—46  Sess.  167. 

Three  hundred  thousand  dollari, 

11 


92  TITLE  OF  ACTS. 

An  Act  to  alter  the  name,  and  extend  the  powers,  of  the  New- 
V^ork  Mechanic  Life  Insurance  and  Coal  Company  ;  passed  April 
15,  1823—46  Sess.  177. 

An  Act  to  incorporate  the  New-Yo]^k  and  Schuylkill  Coal  Corn- 
pay ;  passed  April  15,  1823—46  Sess.  217. 

An  Act  to  incorporate  the  New-York  and  Sharon  Canal  Com- 
pany ;  passed  April  19,  1823—46  Sess.  226. 

An  Act  directing  the  mode  of  appointing  certain  Officers,  whose 
appointment  is  not  otherwise  provided  for  by  the  Constitution ; 
passed  April  19,  1823—46  Sess.  243. 

The  first  and  second  sections  direct  the  mode  of  appointing-  certain  officers  in 
the  city  and  county  of  New- York.  This  act  is  repealed  by  the  repealing  act  of 
December  10,  1828,  3  Rev.  L.  p.  129. 

An  Act  in  relation  to  certain  Protests  and  Services  of  Notices  in 
the  City  of  New-York  ;  passed  April  22,  1823—46  Sess.  268. 

Amended  by  the  act  of  January  21,  1826,  p.  12,  and  extended  to  notes.  Re- 
pealed by  the  repealing  act  of  December  1823,  3  vol.  Rev.  St.  129,  and  the 
substance  of  the  act  re-enacted. 

An  Act  to  incorporate  the  New-York  Equitable  Insurance 
Company;  passed  April  23,  1823—46  Sess. 287. 

An  Act  to  incorporate  the  President,  Managers  and  Company  of 
the  Delaware  and  Hudson  Coal  Company  ;  passed  April  23, 1823— 
46  Sess.  305. 

An  Act  to  organize  the  Militia  ;  passed  April  23, 1824 — 46  Sess. 
329. 

The  provisions  of  the  act  from  the  ninety-fifth  section  to  end,  relate  to  the 
city  of  New-York.  This  act  is  amended  by  the  act  of  November,  1824,  p. 
.331,  and  is  repealed,  and  all  acts  and  parts  of  acts  amending  the  same  by  the 
repealing  act  of  December  10,  1828 — 3  Rev.  Laws,  p.  129. 

An  Act  relative  to  the  District  Attorney  and  other  officers  of 
criminal  justice  in  the  City  of  New- York  ;  passed  April  23,  1823 
—46  Sess.  379. 

The  third  section  directs  the  payment  of  the  fees  received  by  the  district 
attorney  and  clerk  of  the  general  sessions,  and  by  the  fourth  section  it  is  made 
the  duty  of  the  district  attorney  to  assist  the  clerk  and  crier  in  the  collection 
of  fees,  and  the  third  section  directs  the  clerk  of  the  police  to  give  a  bond  in 
three  thousand  dollars  faithfully  to  account  and  pay  over  monies.  Repealed  by 
the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  p.  129. 

An  Act  for  the  assessment  and  collection  of  taxes ;  passed  April 
23,  1823—46  Sess.  390. 

The  mayor,  recorder  and  aldermen  of  the  city  have  the  power  of  supervisors 
of  counties  under  this  act.  This  statute  repeals  all  acts  and  parts  of  acts 
except  those  enforcing  collections  of  taxes,  and  is  repealed  by  the  repealing  act 


TITLE  OF  ACTS.  gS 

of  December  10,  1820 — 3  Rev.  Stat.  p.  129,  and  all  acts  and  parts  of  acts  re- 
lating to  the  same. 

An  Act  to  amend  an  act,  entitled,  an  act  for  regulating  elections; 
passed  April  17,  1822;    passed  April  4,  1823— 46Sess  418. 
Relating  to  vacancies  in  the  office  of  sheriff  and  clerk. 

An  Act  for  the  payment  of  certain  officers  of  government  therein 
named,  and  for  other  purposes  ;  passed  April  24,  1823 — Ibid.  419. 

Repealed  by  the  repealing  act  of  December  10, 1828 — 3  Rev.  Laws,  p.  129. 

An  Act  to  change  the  name  of  Christ  Protestant  Episcopal 
Church  in  Ann  Street,  in  the  City  of  New-York  ;  passed  January 

28, 1824—47  Sess.  12. 

An  Act  to  amend  an  act,  entitled,  an  act  to  regulate  sales  by 
public   Auction;    passed   April   15,    1817;   passed   February  19, 

1824—47  Sess.  37. 

By  the  first  section  of  this  act  the  number  of  Auctioneers  to  be  appointed  for 
the  city  and  county  of  New- York,  shall  not  at  any  one  time  exceed  forty-two. 
This  act  repeals  the  second  and  third  sections  of  the  act  of  February  19,  1817, 
and  is  itself  repealed  by  the  repealing  act  of  December  10,  1828—3  Rev.  Stut. 
p.  129. 

An  Act  to  incorporate  the  New-York  Dying  and  Printing 
establishment;  passed  February  27,  1824 — 47.  Sess.  48. 

An  Act  to  incorporate  the  New-York  Atlantic  Insurance  Company 
of  New-York  ;   passed  February  27,  1824 — 47  Sess.  51. 

An  Act  extending  the  time  of,  and  continuing  in  force  for  a  limi- 
ted period  the  act,  entitled,  an  act  to  incorporate  the  American 
Insurance  Company  of  New-York;  passed  March  3,  1824 — 47  Sess. 
62.. 

Incorporated  June  18, 1812.     Continued  for  fifteen  years  from  May  12,  1827. 

An  Act  to  incorporate  the  Jefferson  Insurance  Company  in  the 
City  of  New-York  ;  passed  March  4,  1824—47  Sess.  65. 

An  Act  providing  for  the  appointment  of  an  Inspector  of  Sole 
Leather,  in  the  County  of  Onondaga,  and  an  additional  Inspector 
in  and  for  the  City  and  County  of  New-York  ;  passed  March  6, 

1824—47  Sess.  69. 

Amended  by  the  act  of  November  24,  1824,  p.  364.  By  this  act  one  addi- 
tional inspector  of  sole  leather  to  be  ap])ointed  in  New-York,  who  is  to  be  go- 
verned by  the  act  of  March  5,  1813.  Tiiis  act  is  repealed  by  the  repealing  act 
of  December  10,  1828—3  Rev.  Stat.  129,  and  all  acts  and  parts  of  acts  relat- 
ing to  the  appointment  of  inspectors  of  sole  leather,  or  prescribing  the  fees  tp 
be  paid  to  them. 

An  Act  to  enable  the  Mayor,  Aldermen  and  Commonaltv  of  the 


g4  TITLE  OF  ACTS. 

City  of  New-York,  to  raise  money  by  tax  ;  passed  March  15,  1824 

—47  Sess.  79. 
Three  hundred  thousand  dollars. 

An  Act  to  incorporate  the  Sun  Fire  Insurance  Company  ;  passed 
March  31,  1824—47  Sess.116. 

Amended  by  the  act  of  May  4,  1829,  and  the  style  of  the  corporation  changed 
to  "  The  New-York  Northern  Fire  Insurance  Company.'' 

An  Act  to  incorporate  the  United  States  Fire  Insurance  Company; 
passed  March  31,  1824—47  Sess.  120. 

An  Act  to  incorporate  the  Etna  Fire  Insurance  Company  of  New- 
York  ;  passed  March  31,  1824 — il  Ses.«.  125. 

An  Act  to  incorporate  the  Greenwich  Fire  Insurance  Company ; 
passed  March  31,  1824. 

An  Act  providing  for  the  appointment  of  a  Chaplain,  or  Chap- 
lains to  the  Marine  Hospital ;  passed  April  1,  1824 — 47  Sess.  135. 

An  Act  to  amend  an  act,  entitled,  an  act  to  incorporate  the  New- 
York  Chemical  Manufacturing  Company;  passed  April  1,  1824 — 
47  Sess.  140. 
Establishinrr  the  Chemical  Bank. 

An  Act  to  incorporate  the  Mohawk  Insurance  Company  of  New- 
York  ;  passed  April  3,  1824 — 47  Sess.  159. 

An  Act  to  alter  the  Organization  of  the  Common  Council  of  the 
City  of  New-York  ;  passed  April  3,  1824—47  Sess.  162. 
Not  sanctioned  by  the  people. 

An  Act  to  amend  the  act  to  change  the  name  of  Christ's  Protes- 
tant Episcopal  Church,  in  Ann  Street,  in  the  City  of  New- York  ; 
passed  April  3,  1824—47  Sess.  172. 

An  Act  to  incorporate  the  Protection  Fire  Insurance  Company  ; 
passed  April  7,  1824—47  Sess.  183. 

An  Act  to  amend  an  act,  entitled,  an  act  to  incorporate  the  New- 
York  Contribulionship,  for  the  Insurance  of  Houses  and  Property 
from  loss  by  fire— 47  Sess.  201. 

An  Act  to  incorporate  the  New-York  Lombard  Association  ; 
passed  April  8,  1824—47  Sess.  202» 

An  Act  to  incorporate  ,the  New-York  Coal  Company ;  passed 
April  9,  1824—47  Sess.  217. 


TITLE  OF  ACTS.  85 

An  Act  to  incorporate  the  Niagara  Insurance  Company  of  New- 
York  ;  ^passed  April  9,  1824—47  Sess.,219. 

An  Act  to  incorporate  the  Williarasburgh  Ferry  Company ; 
passed  April  10,  1824—47  Sess.  245. 

An  Act  for  the  payment  of  certain  officers  of  government  and 
other  persons  therein  named,  and  for  other  purposes  ;  passed  April 
12,  1824— 47  Sess.  299. 

The  twenty-third  section  relates  to  the  jail  liberties  of  the  City  and  County 
of  New-York,  and  is  made  co-oxtensive  with  the  lamp  district.  Repealed  by 
the  repealing  act  of  December  10,  1828—3  Rev.  Stat.  p.  129.  Vide  this  vol. 
title  "  Jail  limits,"  where  provision  is  made  by  an  act  passed  March  13,  1830, 
to  extend  the  jail  limits  to  Fourteenth  street. 

An  Act  for  the  relief  of  the  Eye  Infirmary  of  the  City  of  New- 
York  ;  passed  April  12,  1824—47  Sess.  306. 

Amended  and  continued  by  the  act  of  April  18, 1826,  p.  341. 

An  Act  making  provisions  for  the  support  of  the  State  Prisons 
at  Auburn  and  New- York,  and  for  other  purposes;  passed  April  12, 
1824—47  Sess.  313. 

By  this  act  the  salaries  of  the  agent  and  keeper  of  the  state  prison  at  New- 
York  are  reduced,  and  commissioners  appointed  to  visit  the  state  prisons. 

An  Act  to  amend  an  act,  entitled,  an  act  to  Organize  the  IMilitia; 
passed  April  23,  1823  ;  passed  November  18,  1824—47  Sess.  331. 

By  this  act  the  infantry  of  the  City  of  New-York  are  to  parade  three  times 
in  each  year:  twice  by  companies  and  once  by  regiments  or  battalions,  and 
Dyckman's  Manual  is  directed  to  be  purchased  and  distributed. 

An  Act  to  amend  the  Charter  of  Chatham  Fire  Insurance  Com- 
pany;  passed  April  16,1822;  passed  November  19,  1824 — 47 
Sess.  334. 

An  Act  relative  to  Common  Schools  in  the  City  of  New- York ; 
passed  November  9,  1824 — 47  Sess.  337. 

This  act  repeals  all  acts  and  parts  of  acts,  (by  the  ninth  section,)  relating  to 
common  schools  in  the  city  of  New-York,  and  this  act  is  repealed  by  the  act  of 
December  10,  1828 — 3  Rev.  Stat.  p.  129. 

An  Act  relating  to  the  election  of  Charter  Officers  in  the  City  of 
New-York  ;  passed  November  24,  1824 — 47  Sess.  351. 

A  certain  canvass  in  the  tenth  ward  of  the  city  of  New-York  confirmed. 

An  Act  defining  the  boundaries  and  jurisdiction  of  the  Counties 
of  Kings,  Richmond,  and  the  City  and  County  of  New-York  ; 
passed  November  24,  1824—47  Sess.  "358. 

Repealed  by  the  repealing  act  of  December  10,  1828— 8  Rev.  Stat.  p.  129. 
See  title  "  New-York  City,"  in  this  volume.  See  the  boundaries  of  the  city 
and  county  of  New- York  in  this  volume. 


86  TITLE  OF  ACTS. 

An  Act  to  amend  an  act,  entitled,  an  act  providing  for  the  ap- 
pointment of  an  Inspector  of  Sole  Leather,  in  the  County  of  Onon- 
daga, and  an  additional  Inspector  in  and  for  the  City  and*  County 
of  New- York  ;  passed  March  6,  1S24  i  passed  November  2?,  1824 
— 47Sess.364.  ' 

Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  p.  129, 
and  all  acts  and  parts  of  acts  relating  to  the  same. 

An  Act  for  the  relief  of  the  Etna,  Greenwich,  and  Jefferson  Fire 
Insurance  Companies,  and  the  New- York  Lombard  Association  of 
the  City  of  New-York  ;   passed  November  25,  1824—47  Sess.374. 

An  Act  authorizing  the  erection  of  a  State  Prison  in  the  first  or 
second  Senate  District  of  this  State,  and  for  other  purposes  ;  passed 
March  7,  1825—48  Sess.  16.       . 

By  the  third  section  commissioners  are  authorized  to  sell  the  state  prison 
in  the  city  of  New-York,  &c. 

An  Act  to  incorporate  the  Trader's  Insurance  Company  in  the 
City  of  New- York ;  passed  March  9,  1825—48  Sess.  17. 

An  Act  to  incorporate  the  Howard  Insurance  Company  of  the 
City  of  New-York  ;  passed  March  9,  1825—48  Sess.  23. 

An  Act  to  incorporate  the  Tradesman's  Insurance  Company  in 
the  City  of  New-York;  passed  March  14,  1825—48  Sess.  41. 

An  Act  to  incorporate  the  Canal  Insurance  Company  in  the  City 
of  New-York;  passed  March  14,  1825—48  Sess.  47. 
Amended  by  the  act  of  April  21,  1828,  p.  425. 

An  Act  to  incorporate  the  New-York  City  Insurance  Company ; 
passed  March  22,  1825—48  Sess.  66. 

An  Act  to  incorporate  the  New-York  Water  Works  Company ; 
passed  March  24,  1825— 48  Sess.  72. 

An  Act  to  extend  the  act,  entitled,  an  Act  incorporating  the  New- 
York  African  Society  for  Mutual  Relief;  (passed  March  23,  1810); 
•passed  March  31,  1825—48  Sess.  97. 

By  this  act  the  corporation  is  extended  fifteen  years  from  March  23,  1826. 
Incorporated  March  23,  1810. 

An  Act  to  incorporate  the  High  School  of  New-York ;  passed 
April  4,  1825—48  Sess.  107. 

An  Act  for  the  relief  of  Rime  Stewart,  widow  of  James  Stewart, 
formerly  of  the  City  of  New- York  ;   passed  April  4,  1825 — 48  Sess. 

no. 

An  Act  to  incorporate  the  Franklin  Manufacturing  Company  ; 
passed  April  6,  1825—48  Sess.  128. 


TITLE  OF  ACTS.  87 

An  Act  to  extend  the  duration  of  the  act  to  incorporate  the  New- 
York  Slate  Company ;  passed  March  23,  1810—48  Sess.  130. 

By  this  act  the  corporation  is  extended  twenty-one  years  from  March  23, 
1825. 

An  Act  to  amend  an  act,  entitled,  an  Act  regulating  Trials  of 
Issues,  and  for  returning  able  and  sufficient  Jurors  ;  passed  April  7, 

1825—48  Sess.  131. 

This  act  relates  to  the  power  of  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New-York,  and  the  court  of  common  pleas,  to  pass  ordinances  and  to 
make  such  orders  from  time  to  time  as  they  deem  proper  for  the  procurement 
of  a  correct  jury  list,  &c.  This  act  is  repealed  by  the  repealing  act  of  Decem- 
ber 10,  1829,  3  Rev.  S.  3  vol.  p.  129. 

An  Act  to  incorporate  the  Steam  Saw  Mill  Association  ;  passed 
April  8,  1825—48  Sess.  133. 

An  Act  to  incorporate  the  New-York  State  Marine  Insurance 
Company;  passed  April  8,  1825 — 48  Sess.  135. 

Amended,  revised,  and  continued  by  the  act  of  April  25,  1831,  Laws  of  1831, 
p.  308. 

An  Act  to  incorporate  the  Atlas  Insurance  Company  of  New- 
York;  passed  April  8,  1825 — 48  sess.  140. 

An  Act  to  incorporate  the  La  Fayette  Insurance  Company  of  the 

City  of  New-York  ;  passed  April  8,  1825—48  Sess.  144. 

Amended  by  the  act  of  April  5,  1826,  (p.  90,)  and  the  name  changed  to  the 
*'  Anchor  Insurance  Company  of  the  city  of  New-York." 

An  Act  to  incorporate  the  Hudson  Insurance  Company  of  the 
City  of  New-York  ;  passed  April  8,  1825 — 48  Sess.  158. 

An  Act  to  incorporate  the  Madison  Marine  Insurance  Company 
of  the  City  of  New-York  ;  passed  April  8,  1825— Ibid.  162.  * 

An  Act  to  incorporate  the  New-York  Laboratory  Company ;  pass- 
ed April  9,  1825—48  Sess.  167. 

An  Act  to  incorporate  the  Neptune  Insurance  Company  of  the 
City  of  New-York  ;  passed  April,  1825-*-48  Sess.  174. 

An  Act  to  incorporate  the  New-York  Dry  Dock  Company ;  pass- 
ed April  12,  1825—48  Sess.  178. 

Amended  by  the  act  of  April  6,  1826,  (p.  91] ,  further  amended  by  the  act  of 
April  29,  1829,  (p.  427);  and  further  amended  by  the  act  of  April  22,  1831, 
(p.  292.) 

An  Act  to  incorporate  the  United  States  Lombard  Association  ; 
passed  April  12,  1825 — 48  Sess.  184. 


58  TITLE  OF  ACTS. 

An  Act  to  incorporate  the  New- York  Loan  Company ;  passed 
April  12,  1825—48  Sess.  210. 

An  Act  to  amend  an  Act,  entitled,  an  Act  concerning  the  Inspec- 
tion of  Pot  and  Pearl  Ashes,  (passed  April  5,  1822,)  and  for  other 
purposes;  passed  April  13,  1825—48  Sess.  226. 

This  act  authorizes  (he  appointment  of  five  inspectors  for  the  city  of  New- York, 
and  repeals  so  much  of  the  act  of  April  5,  IP>22,  as  is  inconsistent  with  this  act. 
Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  129. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  Inspection  of 
Flaxseed,  and  to  regulate  the  Exportation  thereof,  (passed  April  5, 
1822)  ;  passed  April  13,  1825—48  Sess.  232. 
Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  129. 

An  Act  to  revive  and  continue  the  Act,  entitled,  an  Act  to  in- 
corporate the  German  Society  in  the  City  of  New-York,  (passed 
April  6,  1804  ;)  passed  April  14,  1825—48  Sess.  242. 

Annual  income  not  to  exceed  3000  dollars ;  continued  without  limit. 

An  Act  to  alter  the  name  of  the  Baptist  Church  in  Fayette-street 
in  the  City  of  New- York;  passed  April  14,  1825 — 48  Sess.  243. 

An  Act  to  incorporate  the  New-York  La  Fayette  Insurance  Com- 
pany ;  passed  April  14,  1825—48  Sess.  244. 

An  Act  to  incorporate  "  The  Association  of  the  New-York  While 
Lead  Works;"  passed  April  15,  1825—48  Sess.  253. 

An  Act  relative  to  the  Jail  and  Public  Prisons  in  the  City  of  New- 
York  ;  passed  April  15,  1825—48  Sess.  270. 

This  act  authorizes  the  common  council  to  remove  the  prisoners  from  the  jail, 
bridewell,  and  penitentiary,  in  case  of  pestilence  and  fire. 

Repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev.  Stat.  129. 

An  Act  to  enable  the  Masonic  Lodges  to  take  and  hold  Real 
Estate  for  certain  purposes  ;  passed  April  16,  1825 — 48  Sess.  278. 

By  this  act  provision  is  made  for  erecting  a  general  hall  in  the  city  of  New- 
York  for  the  accommodation  of  the  several  lodges  and  chapters  in  the  said  city. 

An  Act  to  Equalize  and  increase  the  number  of  Wards  in  the  City 
of  New-York  ;  passed  April  16,  1825—48  Sess.  286. 

By  this  act  the  number  of  wards  are  increased  to  twelve,  and  the  boundaries  of 
each  given. 

An  Act  in  addition  to  the  several  Acts  regulating  Sales  by  Auc- 
tion ;  passed  April  16,  1825 — 48  Sess.  286. 

This  act  authorizes  the  appointment  of  twelve  additional  auctioneers  for  th« 
city  of  New- York,  and  is  repealed  by  the  repealing  act'^of  Dececnber  10,  1828— 
3  Rev.  Stat.  129. 


TITLE  OF  ACTS.  69 

An  Act  to  enable  the  Mayor,  Aldermen  and  Commonalty  of  the 
City  of  New-York  to  raise  Money  by  Tax  ;  passed  April  18,  1825 
— 48  session,  laws  of  1825,  p.  295. 

Three  hundred  thousand  dollars. 

An  Act  to  incorporate  the  New-York  Mount  Hope  Loan  Com- 
pany ;  passed  April  18,  1825-— 48  Sess.  296. 

An  Act  to  incorporate  the  American  Fire  Insurance  Company  in 
the  City  of  New-York  ;  passed  April,  1825—48  Sess.  316. 

An  Act  to  incorporate  the  Firemen's  Insurance  Company  in  the 
City  of  New-York;  passed  April  18,  1825—48  Sess.  322. 

An  Act  to  revive  an  Act,  entitled,  an  Act  to  incorporate  the  So- 
ciety in  the  City  of  New-York  for  the  relief  of  Poor  Widows  with 
Small  Children,  (passed  April  25,  1810) ;  passed  April  20,  1825 — 
48  Sess.  401. 

This  act  revives  the  act  of  1810,  and  the  forfeiture  that  had  occurred  in  conse- 
quence of  ihe  expiration  of  the  act,  by  the  third  section,  is  remitted.  Continued 
to  the  first  of  May,  1845. 

An  Act  to  amend  an  Act,  entitled,  an  Act  for  the  Inspection 
of  Lumber,  (passed  March  27,  1807);  passed  April  21,  1825—48 
Sess.  407. 

Repealed  by  the  repealing  act  of  December  10,  182G — 3  Rev.  Stat.  129. 

An  Act  to  amend  the  Act  to  Organize  the  Militia,  (passed  April 
23,  1823);  passed  April  21,  1825—48  Sess.  412. 

By  the  3d,  5th,  and  6th  sections  special  provision  is  made  in  relation  to  the  horse 
artillery  and  infantry  in  the  cily  and  county  of  New-Yoik  ;  and  by  the  7lh  section 
parts  of  (he  acts  of  April  23, 1823,  and  November  18,  1824,  are  repealed.  It  is 
repealed  by  the  repealing-  act  of  December  10,  1828 — 3  Rev.  Stet.  129. 

An  Act  to  incorporate  the  New-York  Crown  and  Cylinder  Glass 
Manufacturing  Company  ;  passed  April  21,  1825 — 48  Sess.  421. 

An  Act  further  to  amend  the  Act,  entitled,  an  Act  for  the  Repack- 
ing and  Inspection  of  Beef  and  Pork  ;  passed  April  21,  1825 — 48 
Sess.  437. 

This  act  repeals  so  much  of  the  act  of  March  12,  1813,  and  all  other  acts 
amending  the  same,  as  comes  within  the  purview  of  this  act,  and  is  itself  expressly 
repealed  by  the  act  of  December  10,  1828—3  Rev,  Stat.  129. 

An  Act  in  addition  to  an  Act,  entitled,  an  Act  in  relation  to 
certain  Protests  and  Services  of  Notices  in  the  City  of  New-York, 
(passed  April  22,  1823) ;  passed  January  21, 1826 — 49  session,  laws 
ofl&26,  p.  12. 

Repealed  by  the  repealing  act  of  December  10, 1828^—3  Rev.  Stat.  129. 

An  Act  to  authorise  the  High  School  Society  of  New-York  to  in- 

12 


90  TITLE  OF  ACTS. 

crease  their  capital  stock ;  passed  February  3,  1826 — 49  session, 
laws  of  1826,  p.  24. 

The  act  of  incorporation  was  passed  April  4,  1825,  p.  107. 

An  Act  for  renewing  and  continuing  in  force  an  Act,  entitled,  an 
Act  to  incorporate  the  New-York  Historical  Society,  (passed  Feb- 
ruary 10,  1809  ;  passed  February  10,  1826--49  Sess.  29. 

Continued  to  February  10,  1339. 

An  Act  to  repeal  certain  parts  of  the  Act,  entitled,  an  Act  further 
to  amend  the  Act,  entitled,  an  Act  for  the  Repacking  and  Inspec- 
tion of  Beef  and  Pork  ;  passed  February  24,  1826 — 49  Sess.  40. 
Repealed  by  the  repealing  act  of  December  10,  1828—3  Rev.  Stat.  129. 

An  act  to  incorporate  "The  New-York  Crown  Glass  Manutac- 
turing  Company;"  passed  March  S,  1 826-— 49  Sess.  49. 

An  Act  relating  to  the  State  Prison  now  building  at  Mount  Plea- 
sant, in  the  County  of  Westchester;  passed  March  11,  1826 — 
49  Sess.  54. 

Provision  is  made  in  this  act  to  remove  sick  and  infirm  convicts,  who  are  unable 
to  work,  to  the  state  prison  in  New-York.  Tlie  act  is  repealed  by  the  repealing 
act  of  December  10,  1828,  (3  Rev.  Stat.  129,)  but  which  had  before  become  ob- 
solete by  the  removal  of  the  state  prison  in  the  city  of  New-York. 

An  Act  to  incorporate  the  New-York  Carpenters'  Architectural 
and  Benevolent  Association  ;  passed  March  14,  1826 — 49  Sess.  56. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York  to  raise  Money  by  Tax  ;  passed  March  28,  1826 
49  Sess —  75. 

Three  hundred  and  fifty  thousand  dollars. 

An  Act  to  amend  an  Act  to  incorporate  the  La  Fayette  Insu- 
rance Company  of  the  City  of  New-York,  (passed  April  8,  1825)  ; 
passed  April  5,  1826—49  Sess.  90. 

The  company  was  incorporated  by  the  act  of  April  S,  1825,  p.  144. 

An  Act  for  the  relief  of  the  New-York  Dry  Dock  Company ; 
passed  April  6,  1826—49  Sess.  91. 

Original  act  passed  April  12,  1825.  Amended  by  the  act  of  April  29,  1829  ; 
and  further  amended  by  the  act  of  April  22,  1831,  p.  292. 

An  Act  to  amend  the  Act  relating  to  Common  Schools  in  the 
City  and  County  of  New-York,  (passed  November  19,  1824) ;  pass- 
ed April  8,  1826—49  Sess.  93. 

By  the  act  passed  November  19,  1824,  (p.  827,)  the  act  of  the  12th  of  March, 
1612,  and  all  other  acts  relating  to  the  same  subject  matter,  are  repealed  ; 
»nd  thii  act  is  repealed  by  the  repealing  act  of  December  10,  1828 — 3  Rev. 
Stat.  1«0. 


TITLE  OF  ACTS.  91 

An  Act  to  incorporate  the  North  American  lusurance  Company  j 
passed  April  13,  1826—49  session,  laws  of  1826,  p.  168. 

Amended  laws  of  1327,  p.  27. 

An  Act  for  the  relief  of  the  Hope  Insurance  Company  ;  passed 
April  14,  1826—49  Sess.  225. 

An  Act  requiring- the  Clerk  of  the  City  and  County  of  New- York 
to  give  bond  for  the  faithful  appropriation  of  moneys  coming  into 
his  hands  ;  passed  17,  1826—49  Sess.  265. 

Repealed  by  the  repealing  act  of  December  10,  1828,  (3  Rev.  Stat.  129,)  and 
tLe  substance  of  the  act  incorporated  in  the  Rev.  Stat. — see  this  vol.  title  '*  Clerk'' 
of  the  city  and  county  of  JNew-York. 

An  Act  to  amend  an  Act  to  incorporate  the  Madison  Marine  In- 
surance Company  in  the  City  of  New-York,  (passed  April  8,  1825) ; 
passed  April  17,  1826—49  Sess.  269. 

An  Act  to  incorporate  the  St.  Andrew's  Society  of  the  State  of 
New- York;  passed  April  17,  1826—49  Sess.  269!^ 

An  Act  to  provide  for  cases  where  there  may  be  an  Equality  of 
Votes  for  Members  of  Assembly,  and  where  a  Vacancy  may  occur 
by  the  Death  of  a  Member  ;  passed  April  17,  1S26— 49  Sess.  279. 

The  4th  section  applies  lo  the  city  of  New-York,  and  provides  for  cases  of 
equality  of  votes  and  vacancies  by  death. 

Repealed  by  the  repealing-  act  of  December  10, 1828 — 3  Rev.  Stat.  129. 

An  Act  providing  for  the  appointment  of  Inspectors  of  Sole 
Leather  in  the  Counties  therein  mentioned  ;  passed  April  17,  1826 
—49  Sess.  283. 

This  act  is  not  in  the  repealing-  act  of  December  10,  1823,  (3  Rev.  Slat.  12J*,) 
nor  is  it  lo  be  found  in  the  list  of  acts  in  force.  The  substance  of  the  act  is  in- 
corporated in  the  revision,  and  the  act  referred  to — Vide  title  *•  Sole  Leather"  in 
this  volume.  The  3d  and  4th  sections  of  Ihe  act  relate  to  the  city  and  county  of 
Ne^v-York. 

An  Act  making  appropriations  for  the  State  Prisons  at  New- 
York  and  Auburn,  and  for  other  purposes  ;  passed  April  17,  1826 

—49  Sess.  284. 

An  Act  for  the  relief  of  Jane  Reid,  and  for  other  purposes  ;  passed 
April  17,  1826—49  Sess.  307. 

By  the  second  section  of  the  act  the  snperintendant  of  the  almshouse  in  the  city 
of  New-York  is  made  trusfee  for  Jane  Reid. 

An  Act  to  incorporate  the  New-York  Athenaeum;  passed  April 
17,  1826— 49  Sess.  312. 

An  Act  for  the  apportionment  of  Members  of  the  House  of  As* 
sembly  of  this  State,  and  for  the  arrangement  of  the  Senate  Dis- 
tricts ;  passed  April  18,  1826—49  Sess.  335. 


»ja  TITLE  OF  ACTS. 

By  the  first  section  uf  ihe  act  the  city  and  county  of  Ne\r-Ywk  is  entitled  lo 
eleven  members. 

Repealed  by  the  repealin^j  act  of  December  10,  1828 — 3  Rev.  Stat.  129. 

An  Act  to  incorporate  the  NewYorkj^nd  Harlaem  Spring  Water 
Company;  passed  April  18,  1826 — 49  Sess.  337. 

An  Act  to  continue  in  force  the  act  for  the  relief  of  the  Eye  In- 
firmary of  the  City  of  New-York  ;  passed  April  18,  1826 — 49  Sess. 
341. 

Amended  by  the  act  of  April  12,  1824,  p.  SOS. 

An  Act  to  incorporate  the  Harleem  Canal  Company  ;  passed 
April  18,  1826—49  Sess.  269. 

Amended  by  the  act  of  April  13,  1827,  p.  234. 

An  Act  for  the  relief  of. the  New-York  Equitable  Insurance  Com- 
pany ;   passed  January  23,  1827 — 50  Sess.  11.  * 

An  Act  to  incorporate  the  Neptune  Company  of  New- York ; 
passed  January  23,  1827—50  Sess.  12. 

An  Act  to  incorporate  the  Society  of  the  Friendly  Sons  of  St  Pa- 
trick in  the  City  of  New-York ;  passed  February  13,  1827 — 50 
Sess.  27. 

An  Act  to  authorize  the  Executors  of  Peter  Schermerhorn,  de- 
ceased, to  become  purchasers  of  his  real  estate  ;  passed  February 
20,  1827— 50  Sess.  29. 

An  Act  further  to  amend  the  act,  entitled,  an  Act  for  regulating 
Trials  of  Issues  and  for  returning  able  and  sufficient  jurors  ;  passed 
February  20,  1827—50  Sess.  29. 

The  second  section  relates  to  New- York.  Repcoled  by  the  repealing^  act  of 
December  10, 1828,  3  Rev.  L.  p.  129. 

An  Act  to  incorporate  the  American  Gas  Light  Company ;  passed 
March  17,  1827—50  Sess.  62. 

An  Act  to  incorporate  the  New-York  Female  Asylum  Society  for 
Lying  in  Women  ;  passed  March  19,  1827 — 50  Sess.  71. 

An  Act  extending  the  time  allowed  the  Nqrth  American  Insu- 
rance Company' to  fill  up  their  Capital  Stock  ;  passed  March  26, 
1827—50  Sess.  79. 

An  Act  relative  to  the  Saving's  Bank  in  the  City  of  New-York  ; 
passed  March  29,  1827—50  Sess.  87. 

Corporation  authorized  to  vest  money  in  certain  cases  by  this  act. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  incorporate  the  Pa- 


TITLE  OF  ACTS,  93 

cific  Insurance  Company  of  New-York  ;  passed  March  30,  1827 — 
50  Sess.  97. 

The  amount  of  shares  in  the  company  reduced  by  this  act  from  fifty  dollars 
to  twenty-five  dollars. 

An  Act  to  Incorporate  the  Manhattan-Ville  Free  School,  in  (he 
twelfth  Ward,  in  the  city  of  New-York  ;  passed  March  30,  1827 — 
50  Sess.  103. 

An  Act  to  amend  the  act,  entitled,  an  act  to  reduce  the  several 
laws  relating-  particularly  to  the  City  of  New-York  into  one  act  ; 
(passed  April  9,  1813);  passed  March  30,  1827 — 50  Sess.  104. 

This  act  increases  the  number  of  harbour  masters  in  the  city  and  county  of 
New-York,  from  two  to  three,  which  was  the  number  desig:nated  by  the  act  of 
April  9,  1813,  Rev.  L.  vol.  2  p.  447.  This  act  is  repealed  by  the  froneral  repeal 
ins  act  of  December  10,1829,  3  Kev.  S.  p.  129. 

An  Act  to  incorporate  the  Trustees  of  the  Yorkville  School,  in 
the  twelfth  Ward  of  the  City  of  New-York  ;  passed  April  2,  1827 
—50  Sess.  114. 

An  Act  incorporate  the  Trustees  of  the  Harlsem  School,  in  the 
twelfth  Ward  of  the  City  of  New-York;  passed  April  2,  1827—50 
Sess.  119. 

An  Act  to  authorize  Daniel  Crommelin  Verplank  to  sell  and  con- 
vey a  certain  House  and  Lot,  in  the  City  of  New-York ;  passed 
April  2,  1827—50  Sess.  126. 

An  Act  authorizing^  the  Mayor,  Aldermen,   and    Commonalty  of 
the  City  of  New-York,  to  take  possession  of  certain  Lands;  passed 
April  II,  1827—50  Sess.  210. 
For  a  market  in  Canal  -street. 

An  Act  requiring  Sheriffs  to  renew  their  Security  to  the  People 
of  this  State  ;  passed  April  12,  1827 — 50  Sess,  218. 
Repealed  by  the  repealing  act  of  Dec.  10,  1828,  3  Rev.  S.  p.  129. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York  to  raise  Money  by  Tax;  passed  April  13,  1827 
—50  Sess.  230. 

Four  hundred  thousand  dollars. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  incorporate  the 
Harisem  Canal  Company;  (passed  April  18,  1826)  ;  passed  April 
13,  1827—50  Sess.  234. 

By  the  act  incorporating  the  company,  the  canal  is  to  be  constructed  within 
two  years.  By  this  act  the  time  for  completing  the  canal  is  extended  so  far  ai 
the  directors  shall  deem  necessary. 


94  'title  of  acts. 

An  Act  concerning  the  Clerks  of  the  Supreme  Court ;  passed  April 
13,  1827—50  Sess.  245. 

This  act  g-ives  the  judges  of  the  supreme  court  residing  in  New-York,  the 
same  fees  as  the  recorder  for  certain  services.  BepeaJed  by  the  repealing  act  of 
December  10,  1828,  3  Rev.  S-  p,  159.  v 

An  Act  for  the  Relief  of  the  seventh  Presbyterian  Church  and 
Congregation  of  the  City  of  New- York  ;  passed  April  14,  1827 — 
60  Sess.  252. 

An  Act  extending  the  Jurisdiction  of  the  Court  of  Common 
Pleas,  in  and  for  the  City  and  County  of  New-York,  and  amending^ 
and  declaratory  of  the  law  in  certain  cases;  passed  April  14,  1827 
—50  Sess.  257. 

Repealed  by  the  repealing  act  of  Dec.  10, 1828,  3  Rev,  S.  p.  129. 

An  Act  to  authorize  the  appointment  of  an  Assistant  Justice 
and  Clerk,  of  the  ninth  and  eleventh  Wards  of  the  City  of  New- 
York  ;  passed  April  14,  1827—50  Sess.  282. 

Repealed  by  the  repealing  act  of  December  10,  1828,  5  Rev.  S.  p.  129.  But 
see  1  Rev.  S.  appendix,  p.  116,  L.  of  1830,  sec.  10. 

An  Act  to  incorporate  the  New- York  South  American  Steam- 
Boat  Association;  passed  April  14,  1827 — 50  Sess.  308. 

An  Act  directing  the  mode  of  selecting  Grand  Jurors;  passed 
April  16,  1827— 50  Sess.  312. 

The  last  sectionoif  the  act  directs  the  mayor,  recorder,  and  aldermen  to  prepare 
the  jtiry-lisis  the  second  Monday  in  Julv  in  each  year.  Repealed  by  the  repeal- 
ing act  of  Dec.  10,  1S28,  3  Rev.  S.  p.  129. 

An  Act  for  the  Relief  of  the  Rector,  Churchwardens,  and  Ves- 
try-Men of  the  Protestant  Episcopal  Church  of  St.  Stephens,  in  the 
City  of  New-York  ;  passed  April  16,  1827— 50  Sess.  314. 

An  Act  further  to  amend  an  act,  entitled,  an  act  to  incorporate  the 
Trustees  of  the  First.  Protestant  Episcopal  Charity  School,  in  the 
City  of  New-York;  passed  April  18,  1827— 50  Sess.  315. 

An  Act  in  addition  to  the  several  acts  concerning  the  Inspection 
of  Pot  and  Pearl  Ashes,  of  Flour,  Beef,  and  Pork ;  passed  April 
16,  1827—50  Sess.  323. 

The  second  section  relates  to  the  certificate  of  inspectors  of  flour  in  the  city  of 
New-York.    Repealed  by  the  repealing  act  of  Dec.  10, 1828,  3  Rev.  S.  p.  129. 

An  Act  to  prevent  the  sale  of  Tickets  of  Unathorized  Lotteries, 
and  to  prevent  the  Forgery  of  Lottery  Tickets  ;  passed  April  16, 
1827—50  Sess.  327. 

This  act  applies  to  the  city  of  New-York,  and  repeals  all  acts  and  parts  of  acts 
repugnant  to  its  provisions.  Repealed  by  the  repealing  act  of  Dee.  10, 1828,  9 
Rev.  S.  p.  129. 


TITLE  OF  ACTS.   ,  ^5 

An  Act  to  incorporate  the   New-York  and  Brooklyn  Railway 
Dock  Company  ;  passed  April  16,  1827 — 50  Sess.  335. 

An  Act  to  incorporate  the  Harisem  River  Canal  Company ;  pass- 
ed April  16,  1828—50  Sess.  356.  , 
This  act  is  amended  by  the  act  of  April  20,  1829,  p.  29. 

An  Act  relative  to  the  Mechanic  Fire  Insurance  Company  in  the 
City  of  New- York;  passed  January  12,  1828 — 51  Sess.  6. 

An  Act  to  incorporate  the  New- York  Beneficial  Society ;  passed 
March  10,  1828—51  Sess.  49. 

An  Act  to  amend  the  Charter  of  the  Society  of  the  New- York 
Hospital;  passed  March  20,  1828 — 51  Sess.  93. 

An  Act  relative  to  the  Fulton  Bank  in   the  City  of  New- York ; 
passed  March  21,  1828—51  Sess.  97. 
This  act  empowers  the  company  to  reduce  their  stock. 

An  Act  to  incorporate  the  Fur  Company  of  the  City  of  New- 
York  ;  passed  March  28,  1828—51  Sess.  H  7. 

An  Act  to  incorporate  the  National  Acadertiy  of  Design  ;  pass- 
ed April  5,  1828—51  Sess.  ^01. 

An  Act  for  the  relief  of  the  Atlantic  Insurance  Company  of  New- 
York  ;  passed  April  15,  1828-51  Sess.  273. 

An  Act  to  alter  the  Organization  of  the  Common  Council  of  the 
'City  of  New-York;  passed  April  18,  1828—51  Sess.  317. 

The  provisions  of  this  law  did  not  take  effect.  It  was  submitted  to  the  elect- 
ors, and  rejected  by  them. 

An  Act  to  incorporate  the  New-York  St.  Patrick's  Friendly  So- 
ciety ;  passed  April  1 8,  1 828—5 1  Sess.  323. 
Income  not  to  exceed  ^3,000  per  annum. 

An  Act  to  reduce  the  Capital  Stock  of  the  Jefferson  Insurance 
Company  of  the  City  of  New-York;  passed  April  19,  1828 — 51 
Sess.  342. 

An  Act  to  provide  for  die  inspection  of  Leaf  Tobacco  in  the  City 
of  New-York  ;  passed  April  19,'  1828—51  Sess.  348. 

Repealed  by  the  repealing  act   of  Dec.  10,  1828,  3  Rev.  S,  p.l29. 

An  Act  further  to  amend  the  act,  entitled,  an  Act  to  Incorporate 
the   Trustees  of  the  Marine  Hospital,  called  ''  The  Sailor's  Snug 


96  TITLES  OF  ACTS. 

Harbour,"  in  the  City  of  New- York  ;  (pg^ssed  April  25,  1814  ;)  pass- 
ed April  19,  1B2S— 51  Sess.  351. 

Theorij^inal  act  incorporating  the  sailor's  snug-  harbour,  was  passed  March  25, 
1814,  p.  78. 

An  Act  to  incorporate  the  New- York  and  Boston  Steain-Boat 
Company;  passed  April  21,  1828 — 51  Sess.  382. 

An  Act  for  the  relief  of  the  Orphan  Asylum  Society,  in  the  City 
of  New-York;  passed  April  2,1,  1828—51  Sess.  391. 

Oricfinal  act  of  incorporation ;  passed  April  7,  1807,  and  further  amended  by  the 
act  of  April  1,  1828,  p.        ,  and  by  the  act  of  April  12,  1832,  p.  473. 

An  Act  for  the  relief  of  Ernest  Elexis  Dubois  Vicomte  de  Cour- 
val,  and  Eugenie  Victoire  Francoise  Soloma  Xaviere  Isabella,  his 
wife;  passed  April  21,  1828—51  Sess.  405. 

Tliis  act  relates  to  land  in  the  fourteenth  ward  of  the  city  of  New-York. 

An  Act  concerning  the  Public  Administrator  in  the  City  of  New- 
York  ;  passed  April  21,  1828 — 51  session,  laws  of  1828,  p.  415. 
Repealed  by  the  repealing  act  of  December  10,  1828,  p.  129. 

An*  Act  to  revive  and  amend  the  Act,  entitled,  an  Act  to  incor- 
porate the  Canal  Insurance  Company  in  the  City  of  New-York ; 

passed  April  21,  1828—51  Sess.  425. 

The  original  act  was  passed  March  14, 1825,  p.  47. 

An  Act  to  incorporate  the  Hibernian  Universal  Benevolent  So- 
ciety;  passed  April  21,  1828 — 51  Sess.  444. 

An  Act  to  incorporate  the  Screw  Dock  Company ;  passed  April 
21,  1828—51  Sess.  481. 

An  Act  to  incorporate  the  Contributors  to  the  Northern  Dispen- 
sary of  the  City  of  New-York;  passed  November  28,  1828 — 2d 
meeting  of  51  session,  p.  14. 

An  Act  to  increase  the  number  of  Trustees  of  the  Methodist  Epis- 
copal Church  in  the  City  of  New-York  ;  passed  January  20,  1829, 
52  session,  laws  of  1829,  p.  76. 

An  Act  to  incorporate  the  Harlaem  Literary  and  Scientific  Aca- 
demy ;  passed  January  24,  1829—52  Sess.  80. 

An  Act  to  incorporate  the  Seamen's  Bank  of  Savings  in  the  City 
of  New-York;  passed  January  21,  1829 — 52  Sess.  85. 

An  Act  to  incorporate  the  Bakers'  Benefit  Society  of  the  City  of 
New-York;  passed  February  29,  1829 — 52  Sess  94. 

An  Act  to  change  the  names  of  William  Jauncy  Thorn  and  James 


TlTtE  OF  ACTS.  97 

Jauncy  Thorn  of  ihe  City  of  New-York  ;  passed  February  27, 1829 
— 52  session,  laws  of  1 829,  p.  104. 

An  Act  relative  to  the  National  Insurance  Company  in  the  City 
of  New- York  ;  passed  April  16,  1829—52  Sess.  242. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York  to  raise  Money  by  a  Tax  ;  passed  April  17, 
1829— 52Sess.  255. 

Four  hundred  and  Fifty  thousand  dollars. 

An  Act  to  revive  an  Act,  entitled,  an  Act  to  incorporate  the  Or- 
phan Asylum  Society  in  the  City  of  New-York,  (passed  April  7, 
1807) ;  passed  April  17,  1829—52  Sess.;258. 

The  Orphan  Asylum  Society  was  incorporated  April  7,  1807,  (p.  23G);  amend- 
ed by  the  act  of  March  30,  1811,  (p.  175);  and  by  the  act  of  April  21,  1828,  (p. 
391) ;  and  also  by  the  act  of  April  35,  1832,  (p.  473.) 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the  Har- 
laem  River  Canal  Company;  passed  April  20,  1829—52  Sess.291. 

The  origfinal  act  of  incorporation  of  the  Harlaem  Canal  Company  was  passed 
April  16,  1827,  p.  356. 

An  Act  to  incorporate  the  New-York  African  Clarkson  Associa- 
tion.;  passed  April  23,  1829 — 52  Sess.  380. 

An  Act  for  the  relief  of  the  Heirs  of  William  Jones,  deceased  ; 
passed  April  25,  1829 — 52  Sess.  394. 

An  Act  in  relation  to  Masters  and  Examiners  in  Chancery  in  the 
Cities  of  New-York  and  Albany  ;  passed  April  25,  1829 — 52  Sess. 
401. 

An  Act  to  amend  an  Act,  entitled  an  Act  to  incorporate  the  New- 
York  Dry  Dock  Company,  (passed  April  12,  1825);  passed  April 
29,  1829—52  Sess.  427. 

Theoriginal  act  was  amended  by  the  act  of  the  6lh  of  April,  1826,  (p.  91,)  and 
further  amended  by  the  act  of  April  22,  1 831 ,  p.  292. 

An  Act  concerning  Marine  Insurance  in  the  State  of  New- York  ; 
passed  May  1,  1829—52  Sess.  515. 

An  Act  to  incorporate  the  American  Institute  in  the  City  of  New- 
York  ;  passed  May  2,  1829—52  Sess.  527. 

An  Act  for  the  relief  of  the  New-York  Protestant  Episcopal  Pub- 
lic School;  passed  May  2,  1829—52  Sess  531. 

An  ActtoaraendtheCharter  of  the  Sun  Fire  Insurance  Companv 
passed  May  4,  1829—52  Sess,  560 
The  original  act,  incorporatingr  the  fcompany.  wnt  passed  March  SI,  1824-^p 

13 


I^S  TITLE  or    ACTS. 

1 1 3.     Bj  this  act  the  stjlo  of  the  company  is  changed  to  "  The  Nevr-York  North- 
ero  Fir«  Insurance  Company." 

An  Act  for  the  Payment  of  certain  Officers  and  Expenses  of  Gov- 

vernmeiU;  passed  May  5,  1829 — 52  session,  laws  of  1829,  p.  568. 

By  the  25lh  section  provision  is  made  for  the  payment  of  one  hundred  dollar* 
annually  to  the  Marine  Hospital,  in.  addition  to  the  sums  now  allowed  by  law. 

An  Act  to  incorporate  the  New-York  Law  Institute  ;  passed  Feb- 
ruary 22,  1830 — 53  session,  laws  of  1830,  p.  35. 

An  Act  to  incorporate  the  New-York  Union  African  Society  ;  pass- 
ed February  23,  1830—53  Sess.  38. 

An  Act  to  incorporate  the  Clinton-Hall  Association  in  the  City  of 
New-York;  passed  February  23,  1830—53  Sess.  39. 

An  Act  to  incorporate  the  Manhattan  Gas  Light  Company  ;  pass- 
ed February  26,  1830—53  Sess.  65. 

An  Act  to  incorporate  the  New-York  Life  Insurance  and  Trust 
Company;  passed  March  9,  1830 — 53  Sess.  76. 

An  Act  relative  to  the  Sale  of  certain  Lands  and  Tenements, 
advertised  to  be  sold  for  assessments,  in  the  City  of  New- York,  on 
the  twenty-second  day  of  March,  1830;  passed  March  16,  1830 — 
53  Sess.  82. 

An  Act  for  the  relief  of  the  Bank  of  Savings  in  the  City  of  New- 
York  ;  passed  March  29,  1830—53  Sess.  94. 

An  Art  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  raise  Money  by  a  Tax  ;  passed  April  13,  1830 

—53  Sess.  1 62. 

• 

An  Act  to  incorporate  the  Trustees  of  St.  Mary's  Church  in  the 
City  of  New-York  ;  passed  April  20,  1830—54  Sess.  326. 

An  Act  for  the  relief  of  Israel  Dean  and  John  De  Peyster  ;  pass- 
ed April  20,  1830— 53  Sess.  357. 

An  Act  to  extend  the  Charter  of  the  New-York  Sugar  Refining 
Company  ;  passed  January  24, 1831 — 54  session,  laws  of  J  531,  p.  6, 

By  this  act  the  charter  of  the  company  is  extended  until  March  22,  1851. 

An  Act  for  the  relief  of  L'Anglois  of  the  City  of  New-York; 
passed  January  26,  1831 — 54  Sess.  11. 

An  Act  to  incorporate  the  Leake  and  Watts  Orphan  House  in  the 
City  of  New-York  ;  passed  March  7,  1831—54  Sess.  59. 


TITLE  OF   ACTS.  99 

An  Act  to  extend  the  lime  for  the  completion  of  the  Harleem  Ca- 
nal;  passed  March  9,  1831 — 54  session,  laws  of  1831,  p.  64. 

By  this  act  Ihe  time  is  extended  four  3  cars  fiotn  April  13,  1S31. 

An  Act  to  authorize  the  Comptroller  to  Settle  and  Discharge  the 
accounts  of  the  Committee  appointed  to  investigate  the  affairs  of  the 
New-York  Hospital;  passed  May  24,  1831—54  Sess.  110. 

An  Act  to  change  the  name  of  Harley  Longbotham  of  the  City 
of  New- York  ;  passed  March  30,  1831—54  Sess.  129. 

An  Act  to  incorporate  the  Society  for  the  Education  of  Poor 
Children  and  Relief  of  Indigent  Persons  of  the  Jewish  persuasion, 
in  the  City  of  New-York  ;  passed  April  1 1,  1831-.-54  Sess.  154. 

An  Act  to  incorporate  the  New-York  Whaling  Company  ;  passed 
April  3,  1631—54  Sess.  164. 

An  Act  to  revive  and  continue  in  force  the  Charter  of  the  Butch- 
ers' Benevolent  Society  in  the  City  of  New- York  ;  passed  April  IS, 
1631—54  Sess.  190. 

The  original  act  of  incoi'i  oration  was  passed  the  3d  of  March,  181D,  (p.  61,) 
and  limited  the  corporation  to  fifteen  years  ;  this  act  revives  and  continues  it  for 
6fteen  3  ears. 

An  Act  relative  to  the  Boring  of  the  Earth  for  Water  in  the  City 
of  New-York;  passed  April  18,  1631—54  Sess.  197. 

An  Act  to  incorporate  the  New-York  Institution  for  the  Blind  ; 
passed  April  21,  1831—54  Sess.  256. 

.  An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the  Nep- 
tune Company  of  New-York,  (passed  January  23,  1827)  ;  passed 
April  22,  1831—54  Sess.  290. 

Revived  and  extended  by  the  act  of  April  25,  1CS2 — Laws  of  183^%  p.  474.  v 

An  Act  to  amend  the  Charter  of  the  New-York  Dry  Dock  Com- 
pany;  passed  April  22,  1831—54  Sess.  292. 

By  tl.i?  act  the  directore  of  ihe  company  may  redure  the  stock. 

An  Act  to  incorporate  the  Jackson  Marine  Insurance  Company 
in  the  City  of  New-York;  passed  April  23,  1831—54  Sess.  294. 

An  Act  to  incorporate  the  Congress  Steam  Sugar  Refinery  ;  pass- 
ed April  23,  1831—54  Sess.  303. 

An  Act  concerning  the  Bank  of  Savings  in  the  City  of  New- York; 
passed  April  23,  1831— 54  Sess.  308. 

An  Act  to  incorporate  the  New-York  and  Harlsem  Rail  Road 
Company;  passed  April  25,  1831— 54 Sess.  323. 


lOQ  TITLE  OF  .4CT3. 

An  Act  to  incorporate  the  College  of  Pharmacy  of  the  City  of 
New- York;  passed  April  25,  1831 — 54  session,  laws  of  1S31,  p. 
329. 

An  Act  to  revive  the  Act,  entitled,  a\i  Act  to  incorporate  the 
New-York  State  Marine  Insurance  Company,  (passed  April  8, 1825) ; 
passed  April  25,  1831—54  Sess.  338. 

By  this  act  the  corporation  is  contioued  for  the  period  of  twenty-one  years 
from  the  date  of  the  act,  and  the  stock  of  the  company  reduced  to  30,000  dollars, 
in  shares  of  fifty  dollars. 

An  Act  to  incorporate  the  New-York  Hydrotic  Company  ;  pass- 
ed April  26,  1831—54  Sess.  413. 

An  Act  to  incorporate  the  Clinton  Fire  Insurance  Company  of 
the  City  of  New-York;  passed  April  26,  J 831— 54  Sess.  428. 

An  Act  to  incorporate  the  Mutual  Benefit  Society  of  Mechanics 
in  the  City  of  New-York;  passed  January  24,  1832 — 55  session, 
laws  of  1832,  p.  9. 

An  Act  to  incorporate  the  North  American  Mining  Company  ; 
passed  March  1,  1832—55  Sess.  54. 

An  Act  to  amend  the  Charter  of  the  Phoenix  Fire  Insurance  Com- 
pany of  the  City  of  New- York  ;' passed  April  l5,  1832—55  Sess.  69. 

An  Act  to  enable  the  Mayor,  Aldermen,  and  Commonalty  of  the 
City  of  New-York,  to  raise  Money  by  Tax  ;  passed  March  16,  1832 
— 55  Sess.  75. 

Five  hundred  and  fiftv  thousand  dollar?. 

An  Act  to  Incorporate  the  American  Manufacturers'  Mutual  As- 
surance Association  ;  passed  March  30,  1832 — 55  Sess.  129. 

An  Act  vesting  the  Title  of  a  certain  Lot  in  the  City  of  New- 
York,  escheated  to  the  People  of  this  State,  in  Elizabeth  Idley,  her 
heirs  and  assigns,  for  ever;  passed  April  4,  1832 — 55  Sess.  148. 

An  Act  to  confirm  the  Title  of  certain  Real  Estate,  in  the  City 
of  New-York,  in  the  Trustee  of  Edward  Thorn,  and  to  authorize 
the  sale  thereof;  passed  April  4,  1832—55  Sess.  149. 

An  Act  to  amend  an  Act,  entitled,  an  Act  to  incorporate  the 
New-York  and  Harlsem  Rail  Road  Company,  (passed  April  25, 
1831)  ;  passed  April,  1832—55  Sess.  156. 

An  Act  to  incorporate  the  Niagara  River  Hydraulic  Company  ; 
passed  April  11,  1832—55  Sess.  175. 

An  Act  to  amend  the  Act,  entitled,  an  Act  to  incorporate  the  Clin- 


TITLE  OF  ACTS.  101 

ion  Fire  Insurance  Company  of  the  City  of  New-York,  (passed  April 
26,  1831) ;  passed  April,  1832—55  session,  laws  of  1832,  p.  238. 

An  Act  to  incorporate  the  New-York  and  Albany  Rail  Road 
Company;  passed  April  17,  1832 — 55  Sess.  238. 

An  Act  to  incorporate  the  New-York  Fire  Insurance  Company 
of  the  City  of  New-York  ;  passed  April  18,  1832—55  Sess.  292. 

An  Act  to  incorporate  the  American  Fire  Insurance  Company  of 
the  City  of  New-York  ;  passed  April  10,  1832—55  Sess.  323.' 

An  Act  to  revive  and  continue  in  force  the  Charter  of  the  New- 
York  Typographical  Society;  passed  April  30,  1832 — 55  Sess. 
337. 

The  original  act  creating  tins  corporation  was  passed  February  27,  1817 — 
Laws  of  1817. 

An  Act  to  incorporate  the  Palladium  Fire  Insurance  Company  of 
the  City  of  New-York  ;  passed  April  20,  1832—55  Sess.  339. 

An  Act  to  renew  the  Charter  of  the  North  American  Coal  Com- 
pany ;  passed  April  21,  1832 — 55  Sess.  377. 
Original  act  passed  April  6,  1814 — Laws  of  1814,  115. 

An  Act  to  incorporate  the  Commercial  Insurance  Company  of  the 
City  of  New-York  ;  passed  April  21,  1832—55  Sess.  378. 

An  Act  to  incorporate  the  New-York  and  Erie  Rail  Road  Com- 
pany;  passed  April  24,  1832 — 55  Sess.  402. 

An  Act  to  amend  the  Charter  of  the  Jackson  Marine  Insurance 
Company  of  the  City  of  New-York  ;  passed  April  24,  1832—55 
Sess.  414. 

An  Act  to  incorporate  the  Eastern  Dispensary  of  the  City  of  New- 
York;  passed  April  25,  1832—55  Sess.  449. 

An  Act  to  incorporate  the  Good  Hope  Insurance  Company  of  the 
City  of  New-York;  passed  April  25,  1832 — 55  Sess.  463. 

Incorporated  for  the  period  of  twenty-one  years,  and  the  individuals  composing 
the  corporation  at  the  time  of  its  dissolution  liable  to  the  amount  of  their  shares. 

An  Act  to  extend  the  Charter  of  the  New-York  Coal  Company, 
and  to  change  the  name  thereof ;  passed  April  25,  1832 — 55  Sess. 
472. 

An  Act  to  amend  the  Act,  entitled,  an  Act  for  the  relief  of  the 
Orphan  Asylum  Society  in  the  City  of  New-York  ;  passed  April  25, 
1832—55  Sess.  473. 

This  act  transfers  the  rents  and  profits  of  the  real  and  personal  estate  of  the  late 
Philip  Jacobs  to  the  Orphan  Asylum  Society. 


IQ2  TITLE  OF  ACTS. 

•*  An  Act  to  extend  the  time  for  filling  up  the  Stock  of  the  Neptune 
Bell  Marine  Insurance  Company  of  New- York  ;  passed  April  25, 
1832—55  session,  laws  of  ]  832,  p.  474. 

An  Act  to  ampnd  the  Act,  entitled^  an  Act  to  incorporate  the 
Trustees  of  Si.  Mary's  Church  in  the  City  of  New-York;  passed 
April  25,  1832—55  Sess.  495. 

An  Act  for  the  Relief  of  Daniel  Clark;  passed  April  26,  1832— 
55  Sess.  507. 

An  Act  to  incorporate  the  New-York  State  Agricultural  Society  ; 
passed  April  26,  1832—55  Sess.  519. 

An  Act  for  the  Relief  of  the  Seamen's  Bank  of  Savings  in  the 
City  of  New-York  ;    passed  April  26,  1832— 55  Sess.  528. 

An  Act  to  incorporate  the  North  Western  Insurance  Company; 
passed  April  26,  1832—55  Sess.  547. 

An  Act  to  incorporate  the  New-York  City  Marble  Cemetery ; 
passed  April  26,  1832—55  Sess.  551. 

An  Act  to  amend  the  Charter  of  the  College  of  Pharmacy  in  the 

City  of  New-York  ;  passed  April  26,  1832—55  Sess.  5ij6. 

This  a  jt  reg-ulates  tlie  qualificalions  of  apothecaries,  and  imposes  a  penalty  of 
fifty  dollars  for  negiecliog  them. 


LIST  OF  BANKS  IN  THE  CITY  OF  NEVV.YORK, 

FBOH  THE  COMJlE.VCEME-fT  OF  THE  GOVERNMENT  TO    THE    PEE?ENT  TIME, 

WITH  TH3  SEVERAL  ACTS 
Amendingf  modifying,  or  altering  their  charters  of  incorporation. 


1782. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  Bank  of  North  America;  passed  April  11,  1782 — 5  Sess.  35 
chap.  1  Jones  and  V.  77,  73,  and  1  Gr.  50  and  52. 

1791. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  Bank  of  New-York;  passed, March  21,  1791 — 14  Sess.  37  chap. 
2  Gr.  360,2  Kent  and  R.  351. 

Tlie  above  act  amended  by  the  act  passed  January  12,  1792 — 15 
Sess.  1  chap.     Stock  increased  to  one  hundred  shares. 

Further  amended  by  ihe  act  passed  March  31,  1801 — Kent 
and  R.  2  vol.  chap.  94,  p.  356. 

1799. 

An  Act  incorporating  the  President  and  Directors  of  the  Man- 
hattan Company;  passed  April  2,  1799— -22  Sess.  chap.  84,  3  W. 
571.  2  Kent  and  R.  370. 

1801. 

An  Act  relative  to  the  Bank  of  New-York;  passed  March  31, 
1801—24  Sess.  104  chap.  2  Kent  and  R.  358. 

1805. 

An  Act  incorporating  the  President  and  Directors  of  the  Mer- 
chants' Bank,  in  the  City  of  New-York  ;  passed  March  26,  1805 

28  Sess.  43  chap.  4  W.  62. 

1808. 

An  Act  increasing  the  powers  of  the  President,  Directors,  and 
Company  of  the  JJlanhattan  Company ;  passed  March  25,  1808-*- 
31  Sess.  83  chap.  5  W.  294. 

An  Act  amending  the  act,  incorporating  the  President,  Directors, 

and  Company  of  the  Bank  of  New-York  ;  passed  April  6,  1S08 

31  Sess.  134'^chap.  Private  acts  of  1809,  p.  147. 

1810. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  Mechanics'  Bank  in  the  City  of  New-York  ;  passed  March  23, 
1810—33  Sess.  87  chap.  Private  acts  of  1810,  p.  1 10. 

An  Act  to  prolong  the  payment  of  the  debt  due  this  State  from 


104  I'^ST  OF  BANKS. 

the  Bank  of  New-York  ;  passed  March  23,  1810—33  Sess.  chap. 
84,  Laws  of  1810,  p.  24. 

1811. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  Union  Bank,  in  the  City  of  New-York:  passed  March  8,  1811 
— 34  Sess.  34  chap.  6  W.  116. 

An  Act  amending  the  Charter,  incorporating  the  President,  Di- 
rectors, and  Compan}'  of  the  Mechanics'  Bank,  in  the  City  of  New- 
York;  passed  April  8,  1811— 34  Sess.  189  chap.  6  W.  268. 

1812. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  Bank  of  America ;  passed  June  2,  1812 — 35  Sess.  78  chap.  6 
W.  413. 

An  Act  to  fix  the  place  of  the  Banking-house  and  office  of  Dis- 
count and  Deposit  of  the  Bank  of  America;  passed  June  8,  1812 
—35  Sess.  81  chap.  6  W.  421. 

An  Act  to  incorporate  the  Stockholders  of  the  City  Bank  of  New- 
York  ;  passed  June  16,  1812—35  Sess    175  chap.  6  W.  529. 

An  Act  to  incorporate  the  New-York  Manufacturing  Company ; 
passed  June  15,  1812—35  Sess.  167  chap.  p.  509. 

An  Act  to  authorize  the  Comptroller  of  this  State,  to  subscribe  to 
the  Bank  of  America;  passed  June  18,  1812 — 35  Sess.  188  chap. 
6  W.  542. 

1813. 

An  Act  relating  to  the  President,  Directors,  and  Company  of 
the  Mechanics'  Bank,  in  the  City  of  New-York — Laws  of  1813,  p. 
195,  36  Sess.  98  chap. 

An  Act  relative  to  the  Bank  of  America  ;  passed  March  20,  1813 
—36  Sess.  76  chap.  Laws  of  1813,  76. 

An  Act  in  addition  to  the  act,  entitled,  an  Act  to  incorporate  the 
Stockholders  of  the  City  Bank  of  New- York ;  passed  March  20, 
1813—36  Sess.  76  chap.  Laws  of  1813,  75. 

An  Act  to  repeal  those  parts  of  the  act  passed  March  23,  1810, 
and  April  8,  1811,  respecting  the  Mechanics'  Bank  in  the  City  of 
New-York,  which  relates  to  the  appointment  of  two  Directors  in  be- 
half of  this  State;  passed  April  2,  1813 — 33  Sess.  122  chap.  Laws 
of  1813,  p.  133. 

An  Act  extending  the  time,  and  continuing  in  force  for  a  limited 
period,  certain  Banking  incorporations  in  this  State,  and  for  other 
purposes;  passed  April  2,  1813 — 36  Sess.  98  cha^D,  Laws  of  1813, 
p.  104. 

1814. 

An  Act  requiring  the  Bank  of  America  and  the  City  Bank  of 
New-York,  to  loan  to  this  Slate  the  sum  which  those  Banks  are 
respectively  bound  to  loan  ;  passed  October  22,  1814—38  Sess.  14 
chap.  Laws  of  1814,  p.  15. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  incorporate  the  New- 
York  Manufacturing  Company;  passed  September  26,  1814 — 38 
Sess.  1  chap.  Laws  of  1814,  p.  3. 


LIST  OF  BANi5:S.  10^ 

1817. 

An  Act  to  amend  an  act,  entitled,  an  Act  to  incorporate  the  Nevf- 
York  Manufacturing  Company  ;  passed  February  21,  1817 — 40 
Sess.  42  chap.  30, 

1818. 

An  Act  to  incorporate  the  President,  Directors,  and  Company 
of  the  Franklin  Bank  of  the  City  of  New-York  ;  passed  April  21, 
J818— 41  Sess.  256  chap.  Laws  of  1818,  p.  272. 

1819. 

An  Act  to  empower  the  President,  Directors,  and  Company  of 
the  Bank  of  America  to  reduce  ilieir  capital  stock  ;  passed  Feb- 
ruary 26,  1819 — Laws  of  1819,  42  sess.  chap.  24,  p.  28. 

Incorporating^  '•  A  Bank  for  Savings  in  the  City  of  New-Y^ork," 
passed  March  26,  1819 — 42  sess.  chap.  62,  laws  of  1819,  p.  66. 

An  Act  relative  to  the  transfer  of  stocks  of  this  state  ;  passed 
March  26,  1819 — 42  session,  chapter  70,  p.  73. 

1820. 

An  Act  to  empower  the  President,  Directors,  and  Company  of 
the  City  Bank  of  New-York,  to  reduce  their  capital  stock  ;  passed 
March  24,  1820 — 43  session,  chapter  103,  laws  of  1820,  p.  86. 

An  Act  concerning-  the  Bank  of  Savings  in  the  City  of  New- York; 
passed  March  24,  1820—43  session,  rliapter  109^,  laws  of  1820, 
p.  93. 

1S21. 

An  Act  amending  an  act,  incorporating  the  President,  Director!, 
and  Company  of  the  Union  Bank  in  the  City  of  New- York — 44 
session,  chapter  50,  laws  of  1821,  p.  41. 

An  Act  relative  to  the  Phenix  Bank,  reducing  the  capital  lo 
$500,000;  passed  .January  29,  1821—44  session, ^chap.  22,  p.  16. 

An  Act  to  enable  the  Bank  of  New-York  to  buy  and  hold  stock, 
and  to  enable  the  Banks  to  subscribe  to  canal  loans  ;  passed  March 
16,  1821—44  session,  chapter  114,  laws  of  1821,  p.  110. 

An  Act  incorporating  the  President,  Directors,  and  Company  of 
the  North  River  Bank  of  the  City  of  New-Y'ork  ;  passed  March 
23,  1821—44  session,  chapter  146,  laws  of  1821,  p.  135. 

1823. 

An  Act  incorporating  "  The  President,  Directors,  and  Company 
of  the  Tradesmens'  Bank  of  the  City  of  New-York;  passed  March 
29,  1823—46  session,  chapter  93,  laws  of  1823,  p.  106. 

An  Act  to  incorporate  "  The  President,  Managers,  and  Company 
of  the  Delaware  and  Hudson  Canal  Company  ;  passed  April  23, 
1823 — 45  session,  chapter  2.38,  laws  of  1823,  ]),  305.  By  an  acl 
passed  April  23,  1824,  the  charter  was  extended  to  embrace  banking 
powers ;  laws  of  1 824,  p.  332. 

1824. 

An  Act  to  amend  an  Act,  entitled,  *•  an  Act  to  incorporate  the 
New- York  Chemical  Manufacturing  Company;"  passed  April  1, 
1824—47  session,  chapter  148,  laws  of  1824,  p.  140. 

An  Act  to  incorporate  "  the  President,  Directors,  and  Compaoy 

14 


IC6  l^IST  OF  BANKS. 

of  the  Fulton  Bank  in  the  HDity  of  New-York  ;"   Dassed  April  I, 
1824 — 47  session,  chapter  140,  laws  of  1824,  p.  l44. 

An  Act  to  amend  the  Act  incorporating  the  Fulton  Bank  ;  passed 
April  7,  1824 — 47  session,  chapter  175,  laws  of  1824,  p.  193. 

An  Act  further  to  amend  the  Act,  entitled,  "  an  Act  to  incorpo- 
rate the  President,  Managers,  and  Company  of  the  Delaware  and 
Hudson  Canal  Company;"  passed  April  23,  1823 — 47  session, 
chapter  270,  laws  of  1824,  p.  332. 

1825. 
An   Act  to   incorporate   the  New-York   Dry  Dock  Company  J 
passed  April  12,  1825,  48  session,  chapter  114,  laws  of  1825,  p.  178* 

1826. 
An  Act  for  the  relief  of  the  New- York  Dry  Dock  Company  j 
passed  April  6,  1826,  49  session,  laws  of  1826,  p.  91. 

1827. 
An  Act  "  relative  to  the  Tradesmen's  Bank,"  empowering  thera 
to  reduce  the  capital  stock  and  shares  ;  passed  March  26,  1827 — 
50  session,*  chapter  103,  laws  of  1827,  p.  79. 

An  Act  relative  to  the  Fulton  Bank,  to  reduce  the  capital  stock 
&c.,  passed  March  16,  1827 — 50  session,  chapter  75,  laws  of  1827, 
p.  60. 

An  Act  relative  to  the  Savings'  Bank  in  the  City  of  New-York ; 
passed  March  29,  1827 — 50  session,  chapter  114,  laws  of  1827, 
p.  84. 

1828. 
An  Act  relative  to  the  Fulton  Bank  in  the  City  of  New-York  ; 
passed  March  21,  1828—51  session,  chapter  96,  laws  of  1828,  p.  97. 

1829. 
An  Act  empowering  the  New- York  Dry  Dock  Company  to  estab- 
lish an  office  of  discount  and  deposit  ;  passed  April  29,  1829 — 52 
session,  chapter  295,  p.  427. 

An  Act  to  incorporate  the  Seamens'  Bank  for  Savings  in  the 
City  of  New-York  ;  passed  January  31,  1829 — 52  session,  chapter 
17,  laws  of  1829,  p.  65. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Merchants'  Exchange  Bank  of  the  City  of  New- York  ;  passed 
April  29,  1829—52  session,  chapter  296,  laws  of  1829,  p.  427. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  National  Bank  in  the  City  of  New- York  ;  passed  April  30, 
1829—52  session,  chapter  319,  laws  of  1829,  p.  465. 

1830. 
An  Act  to  extend  the  time  for  filling  up  the  stock  of  the  National 
Bank  of  the  City  of  New-York  ;  passed  April  7,  1830 — 53  session, 
chapter  129,  laws  of  1830,  p.  143. 

An  Act  for  the  relief  of  the  Bank  of  Savings  in  the  City  of  New- 
York  ;  passed  March  19,  1830 — 53  session,  chapter  96,  laws  of 
1830,  p.  94. 

An  Act  to  extend  the  time  for  filling  up  the  stock  of  the  National 


LIST  OF  BANKS.  107 

Bank  of  the  City  of  New-York  ;  passed  April  7,  1830—53  session, 
chapter  129,  laws  of  1830,  p.  143. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Butchers'  and  Drovers'  Bank  of  the  City  of  New- York  ;  passed 
April  7,  1830-53  session,  chapter  128,  laws  of  1830,  p.  142. 

An  Act  to  extend  the  time  for  filling  up  the  stock  of  the  Merchants* 
Exchange  Bank  of  the  City  of  New-York  ;  passed  April  13,  1830 
—53  session,  chapter  140,  laws  of  1830,  p.  162. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Mechanics'  and  Traders'  Bank  ;  passed  April  15,  lS30 — 53  ses- 
sion, chapter  169,  laws  of  1830,  p.  179. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Greenwich  Bank  of  the  City  of  New-York;  passed  April  17, 
1830—53  session,  chapter  256,  laws  of  1830,  p,  278. 

1831. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Trades- 
mens'  Bank  in  the  City  of  New-York ;  passed  January  29,  1831 — 
54  session,  chapter  23,  laws  of  1831,  p.  18. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Bank  of 
New-York  in  the  City  of  New-York;  passed  January  29,  1831 — 
54  session,  chapter  251,  laws  of  1831,  p.  20. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  City 
Bank  of  New-York  ;  passed  January  29,  1831 — 54  session,  chapter 
26,  laws  of  1831,  p.  22. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Bank  of 
America  in  the  City  of  New-York  ;  passed  February  2,  1831 — 54 
session,  chapter  27,  laws  of  1831,  p.  23. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Union 
Bank  in  the  City  of  New-York  ;  passed  February  2,  1831 — 54 
session,  chapter  28,  laws  of  1831,  p.  25. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Merchants' 
Bank  in  the  City  of  New-York  ;  passed  February  2,  1831 — 54  ses- 
sion, chapter  29,  laws  of  1831,  p.  26. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  New- 
York  Manufacturing  Company  ;  passed  June  15,  l8l2 — now  known 
as  the  Phoenix  Bank  in  the  City  of  New-York ;  passed  February 
2,  1831—54  session,  chapter  30,  laws  of  1831,  p.  28. 

An  Act  to  extend  for  a  limited  period  the  charter  of  the  Mechanics' 
Bank  in  the  City  of  New- York  ;  passed  February  2,  1831—54 
session,  chapter  31,  laws  of  1831,  p.  29. 

An  Act  to  reduce  the  capital  stock  of  the  City  Bank  of  New- 
York ;  passed  April  18,  1831 — 54  session,  chapter  141,  laws  of 
1831,  p.  189. 

An  Act  to  amend  the  charter  of  the  National  Bank  in  the  City  of 
New-York ;  passed  April  18,  1831 — 54  session,  chapter  169,  laws 
of  1831,  p.  203. 

An  Act  to  amend  the  charter  of  the  New- York  Dry  Dock  Com- 
pany ;  passed  April  22,  1831 — 54  session,  chapter  243,  laws  of  1831, 
p.  292. 


lOS  l-IJ^T  OF  BANKa. 

An  Act  concerning  the  Bank  of  Savings  in  the  Gity  of  Newr 
York;  passed  April  23,  1831 — 54  session,  chapter  254,  laws  of 
1831,  p.  308. 

An  Act  to  extend  the  time  for  filling  up  the  stock  of  the  Mer- 
chants' Exchange  Bank,  of  the  CiJy  of  N^vv-York  ;  passed  April  25, 
1831—54  Sess.  284  chap.  Laws  of  1831,  p.  353. 

1832. 

An  Act  to  incorporate  the  President,  Directors,  and  Company  of 
the  Leather  Manufacturers'  Bank  ;  passed  April  23,  1832 — 55  ses- 
sion, chapter  218,  laws  of  1832,  p.  392. 

An  Act  for  the  relief  of  the  Seamens'  Bank  of  Savings  in  the 
City  of  New- York  ;  passed  April  26,  1832—55  session,  chapter 
309,  laws  of  1832,  p.  530. 


KEVISED    STATUTES, 

Vol.  2.  P.  117. 


TITLE  VI. 

OF  PUBLIC  ADMINISTRATORS. 


ARTICLE  FIRST. 

OP  THE   PUBLIC   ADMINISTRATOR  IN   THE   CITY   OF   NEW- YORK. 


Sbct.  1.  How  appointed,  and  the  tenure  of  his  office. 

2.  Oath  of  office  to  be  taken,  and  bond  to  be  executed  by  him. 

3.  Ilis  commissions,  how  accounted  for  and  paid  ;  his  salary. 

4.  Cases  in  which  he  is  authorized  to  act 

5.  Authority  not  to  extend  to  certain  cases. 

6.  In  certain  cases  not  to  interfere  without  order  of  surrogate. 
7:  Upon  wliat  proof,  order  to  be  granted. 

8.  When  subpoena  to  be  issued  by  surrogate,  to  discover  concealed  effects. 

9.  If  surrogate  be  absent,  certain  otlier  officers  may  issue  subpoena. 

10.  Subpoena  how  served  and  enforced. 

11.  Witness  appearing,  to  be  sworn  and  examined. 

12.  When  warrant  to  issue,  to  seize  effects  concealed  or  withheld. 

13.  Warrant  may  be  stayed,  by  giving  a  bond  ;  its  conditions. 

14.  Duty  of  health  officer  respecting  effects  at  tlie  quarantine. 

15.  When  perishable  property  taken  by  public  administrator  may  be  sold. 

16.  When  to  give  notice  of  application  for  letters  of  administration. 

17.  Notice  how  to  be  served  and  published. 

18.  Persons  interested  may  appear  and  contest  the  granting  of  letters. 

19.  When  letters  to  be  granted  to  executor,  or  widow,  or  relative. 

20.  Upon  granting  such  letters,  autliority  of  public  administrator  to  cease. 

21.  Previous  expenses  to  be  deducted  from  assets,  and  buiauce  lo  im  paid  lo  executors. 

22.  If  there  be  not  sufficient  assets  to  pay  expenses,  to  be  paid  by  executor,  &c. 

23.  When  letters  of  administration  to  be  granted  to  public  administrator. 

24.  In  what  cases  public  administrator  to  give  notice  that  he  will  administer. 

25.  How  such  notice  is  to  be  served  and  published. 

26.  Affidavit  of  having  undertaken  administration,  &c.  to  be  filed. 

27.  Public  administrator  from  thenceforth  to  administer  on  the  estate. 

28.  Powers  of  public  administrator  before  letters  granted  or  affidavit  filed. 

29.  In  certain  cases,  notices  to  be  served  on  foreign  consuls. 

30.  If  lawful  executor,  &c.  appear,  assets  to  be  delivered  to  him,  after  deducting  ex- 

penses. 
31  &  32.  Cases  in  which  powers  of  public  administrator  shall  be  superseded. 

33.  When  so  superseded,  to  deliver  over  assets,  after  making  certain  deductiong. 

34.  Suits  commenced  by  public  administrator,  may  be  continued  by  hia  successor. 

35.  The  rights  and  powers  of  public  administrator,  on  any  estate,  enumerated. 

36.  To  deposit  monies  received  by  him  in  certain  bank. 

37.  Monies  deposited,  how  to  bn  drawn  out. 

«      38.  Advances,  not  exceeding  fifty  dollars,  may  be  made  to  relatives. 

39.  Accoun*  of  public  administrator  to  be  annually  exhibited  on  oath. 

40.  Actfunt  to  be  publithcd  iu  New- York  and  in  state  paper. 

1 


TITLE  6 


How  appointed, 


ADMINISTRATOR— PUBLIC, 

41.  Penalty  for  not  accounting,  or  not  publishing  account. 

42.  Corporation  of  New- York  to  be  responsible  for  conduct  of  public  admiuistratofy 

43.  And  for  monies  received  and  stock  transferred  ;  remedy  of  persons  aggrieved. 

44.  On  resigtiation,  &c.  of  public  administrator,  papers,  &c.  to  be  delivered  to  liis  sue^ 


45.  Keepers  of  boarding-liouses,  &c.  to  report  deatli  of  transient  persons ;  penalty  fw 

neglect. 

46.  Penalty  not  to  be  recovered  witliout  proof  of  notice  of  last  section. 

47.  Title  VI.  to  go  into  operation  May  1, 1830. 

48.  Common  Council  to  make  rules  for  the  government  of  public  administrator. 

49.  Jurisdiction  of  public  administrator. 

50.  Foregoing  provisions  to  make  part  of  Revised  Statutes. 

§  1.  The  mayor,  aldermen,  and  commonalty  of  the  city  of 
New- York,  in  common  council  convened,  from  time  to  time, 
and  as  often  as  a  vacancy  in  the  office  shall  occur,  may  ap- 
point a  competent  person  to  be  the  public  administrator  in 
the  city  of  New- York,  who  shall  hold  his  office  during  the 
pleasure  of  the  said  common  council. 


Oath  and  bond.  §  2.  Before  entering  upon  the  duties  of  his  office,  the  per- 
son so  appointed  shall  take  the  oath  prescribed  by  the  con- 
stitution, and  shall  execute  a  bond,  with  such  sureties  as  shall 
be  approved  by  the  mayor  or  recorder  of  the  said  city,  to  the 
mayor,  aldermen  and  commonalty  thereof,  in  the  penal  sum 
of  ten  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  all  duties  enjoined  on  him  by  law,  and  particularly,  that  he 
will  account  for,  and  pay  over,  all  monies  and  property,  that 
may  come  to  his  hands  as  such  administrator,  according,  to 
law. 

a^d?(Siry.^"^  §  3.  The  public  administrator  shall  retain  a  commission, 
over  and  above  all  expenses,  upon  all  monies  that  shall  come 
into  his  hands,  at  the  rate  of  five  dollars  upon  the  hundred  dol- 
lars, upon  all  sums  received  from  any  one  estate,  not  exceed- 
ing two  thousand  five  hundred  dollars  ;  and  upon  all  sums  so 
received,  exceeding  that  sum,  at  the  rate  of  two  dollars  and 
fifty  cents  upon  every  hundred  dollars  ;  which  sums  may  be 
so  retained  in  preference  to  any  debts  or  claims,  excepting 
funeral  charges.  The  monies  so  retained  shall  be  accounted 
for,  and  paid  by  him  into  the  treasury  of  the  city  of  New- 
York.  He  shall  be  allowed  and  paid  quarterly,  such  salary 
for  his  services,  as  the  common  council  of  the  city  shall  pre- 
scribe, not  less  than  one  thousand  two  hundred  and  fifty  dol- 
lars annually. 


Wig  anthority. 


§  4.  In  the  right  of  his  office,  he  shall  have  authority  to  col- 
lect and  take  rhargo  of  the  goods,  chattels,  personal  estate,  and 


ADMINISTRATOR— PUBLIC. 

debts,  of  persons  dying  intestate,  and  for  that  purpose,  to  main-     '^^^^^ 
tain  suits  as  public  administrator,  as  any  executor  might  by 
law,  in  the  following  cases ; 

1.  Whenever  any  person  shall  die  intestate,  either  within 
this  state  or  out  of  it,  leaving  any  goods,  chattels,  or  effects 
within  the  city  and  county  of  New- York : 

2.  Whenever  any  goods,  chattels,  or  effects  of  any  person 
who  shall  have  died  intestate,  shall  arrive  within  the  said  city 
and  county,  after  his  death : 

3.  Whenever  any  person,  cojning  from  any  place  out  of  this 
state,  in  a  vessel  bound  to  the  port  of  New- York,  and  arriving 
at  the  quarantine,  near  the  city  of  New- York,  shall  there  die 
intestate,  and  shall  leave  any  effects  either  at  the  said  quaran- 
tine, or  in  the  city  of  New- York,  or  elsewhere : 

4.  Whenever  any  effects  of  any  such  person  so  arriving  and 
dying  intestate  at  the  said  quarantine,  shall,  after  his  death, 
arrive  either  at  the  said  quarantine,  or  within  the  city  of  N©w- 
York: 

5.  Whenever  any  person,  coming  from  any  place  out  of 
this  state  in  a  vessel  bound  to  the  port  of  New- York,  shall 
die  intestate  on  his  passage,  and  any  of  his  effects  shall  arrive 
at  the  said  quarantine  -* 

In  all  the  preceding  cases  intestacy  shall  be  presumed,  un- 
til a  will  shall  be  proved,  and  letters  testamentary  be  granted 
thereon. 

§  5.  But  the  last  section  shall  not  confer  on  the  public  ad-      aid. 
ministrator  any  authority  in  respect  to  the  estate  of  any  per- 
son not  a  citizen  of  this  state,  dying  out  of  this  state,  or  on 
board  any  foreign  vessel  within  the  harbor  of  New- York, 
unless, 

1.  Such  person  shall  have  landed  within  the  city  and  county 
of  New- York,  or  at  the  quarantine  near  the  said  city :  or, 

2.  Unless  the  effects  of  such  person,  or  some  part  of  them, 
shall  have  been  so  landed ;  and  when  any  effects  of  such  per- 
son shall  have  been  so  landed,  the  authority  of  the  public  ad* 
ministrator  shall  extend  to  such  effects  only,  (64) 


§  6.  Whenever  there  shall  be  any  widow,  or  next  of  kin  of  order  or  eurro- 
any  such  intestate,  entitled  to  a  distributive  share  in  his  estate,  cessary. 
residing  in  the  city  of  New- York  at  the  time  of  his  death,  the 


(64)  Aet  of  April  21,  1^^,  p.  415. 


i  ADMINISTRATOR— PUBLIC. 

TITLE  6.  public  administrator,  upon  receiving  notice  of  such  fact,  shal! 
not  have  any  authority  to  interfere  with  the  effects  of  the  de- 
ceased, until  he  shall  have  obtained  an  order  from  the  surrogate 
of  the  city  and  county  of  Nev^- York  to  take  charge  thereof. 

S^'grMted?  ^  5  ^'  ^^^^  order  may  be  granted  by  the  surrogate,  upon  the 
application  of  the  public  administrator,  and  upon  due  proof 
being  made  to  Iiim  by  affidavit,  that  the  effects  of  the  deceas- 
ed are  in  danger  of  waste  or  embezzlement,  or  that  for  any 
other  reason,  it  would  be  for  the  benefit  of  the  estate  to  have 
the  same,  or  any  part  thereof^  seized  and  secured. 


covM  ^conce^ed      §  ^'  Whenever,  in  any  of  the  cases  in  wliich  the  public  ad- 
effecta.  ministrator  is  authorized  to  take  charge  of  the  effects  of  any 

intestate,  any  goods,  chattels,  credits,  or  effects  of  the  deceas- 
ed, or  of  which  ho  had  possession  at  the  time  of  his  death,  or 
within  twenty  days  previous  thereto,  shall  not  have  been  de- 
livered to  the  public  administrator,  nor  accounted  for,  satis- 
factorily, by  the  persons  who  were  about  the  deceased  in  his 
last  sickness,  ui  in  whose  hands  the  effects  of  the  deceased,  or 
any  of  them,  may  be  supposed  at  any  time  to  have  fallen,  the 
public  administrator  may  Inatitute  an  inquiry  concerning  the 
same ;  and  upon  satisfying  the  surrogate  of  the  city  and  county 
of  New- York,  by  affidavit,  that  there  are  reasonable  grounds 
for  suspecting  that  any  such  effects  are  concealed  or  withheld^ 
he  shall  be  entitled  to  a  subpoena  to  be  issued  by  the  surrogate 
under  his  seal  of  office,  to  such  persons  as  the  said  public  ad- 
ministrator shall  designate,  requiring  them  to  appear  before 
such  surrogate,  at.  the  time  and  place  tlierein  to  be  specified, 
for  the  purpose  of  being  examined,  toucliing  the  estate  and 
effects  of  the  deceased. 

Ibid.  §  9.  If  the  surrogate  be  absent  from  the  city  of  New- York,, 

such  application  for  a  subpoena  may  be  made  to  the  circuit 
judge  of  the  first  circuit,  to  the  first  judge  of  the  court  of  com- 
mon pleas  of  the  said  city  and  county,  or  to  the  mayor  or  re- 
corder of  the  said  city,  either  of  whom  is  hereby  authorized 
to  issue  such  subpoena,  under  his  hand  and  private  seal,  in  the 
same  manner  as  the  surrogate. 

eSced^^^^  ^^  ^^^'  ^"^^  subpoena  shall  be  served  in  the  same  manner  as 
in  civil  causes,  and  if  any  «person  shall  refuse  or  neglect  to 
obey  the  same,  or  shall  refuse  to  answer  touching  the  matters 


ADMINISTRATOR—PUBLIC.  5 

hereinafter  specified,  he  shall  be  attached  and  committed  to     title  e. 
prison,  by  the  said  surrogate  or  other  officer  so  issuing  such 
subpoena,  in  the  same  manner  as  for  disobedience  of  any  cita- 
tion or  subpoena,  issued  by  a  surrogate  in  any  case  within  his 
jurisdiction. 

§11.  Upon  the  appearance  of  any  person  so  subpoenaed  be-  Examination  of 
fore  such  surrogate  or  other  officer,  he  shall  be  sworn,  truly 
to  answer  all  questions  concerning  the  estate  and  effects  of 
the  deceased,  and  shall  be  examined  fully  and  at  large,  by  the 
public  administrator,  in  relation  to  the  said  effects. 

§  12.  If  upon  any  inquiry,  it  shall  appear  to  the  officer  con-  JJ^JIJ*^*'  ^^^ 
ducting  the  same,  that  any  effects  of  the  deceased  are  con- 
cealed or  withheld,  and  the  person  having  the  possession  of 
such  property  shall  not  give  the  security  in  the  next  section 
specified,  for  the  delivery  of  the  same,  such  officer  shall  issue 
his  warrant,  directed  to  the  sheriff,  marshals,  and  constables 
of  the  city  or  county,  where  such  effects  may  be,  command- 
ing them  to  search  for  and  seize  the  said  effects,  and  for  that 
purpose,  if  necessary,  to  break  open  any  house  in  the  day 
time,  and  to  deliver  the  said  property  so  seized  to  the  public 
administrator,  which  warrant  shall  Jbe  obeyed  by  the  officers 
to  whom  the  same  shall  be  directed  and  delivered,  in  the  same 
manner  as  the  process  of  a  court  of  record. 


§  13.  But  such  warrant  shall  not  be  issued  to  seize  any  Bond  to  stay 
property,  if  the  person  in  whose  possession  such  property  ^'^"*"^- 
may  be,  or  any  one  in  his  behalf,  shall  execute  a  bond,  w^ith 
such  sureties,  and  in  such  penalty  as  shall  be  approved  by 
the  surrogate,  or  other  officer,  acting  in  his  place,  to  the  pub- 
lic administrator  in  the  city  of  New- York,  conditioned  that 
such  obligors  will  account  for  and  pay  to  the  said  public  ad- 
ministrator the  full  value  of  the  property  so  claimed  and  with- 
held, (and  which  shall  be  enumerated  in  the  said^  condition,) 
whenever  it  shall  be  determined  in  any  suit  to  be  brought  by 
the  public  administrator,  that  the  said  property  belongs  to 
the  estate  of  any  deceased  person,  which  the  administrator 
has,  by  law,  authority  to  collect  and  preserve. 

§  14.  Whenever  any  effects  of  a  deceased  person,  of  which  Duty  of  health 
the  public  administrator  is  authorized  to  take  charge,  shall  be  cases, 
at  the  quarantine  at  the  time  of  the  death  of  such  person,  or 


6  ADMINISTRATOR— PUBLIC, 

TITLE  c.  gjjjjij  arrive  there  afterwards,  it  shall  be  the  duty  of  the  health 
officer,  or  his  deputy,  whichever  shall  be  present,  to  secure 
the  said  effects  from  waste  and  embezzlement,  and  immedi- 
ately to  give  information  of  such  effects  to  the  public  admin- 
istrator, to  cause  an  inventory  or  account  thereof  to  be  taken, 
and  to  deliver  the  same  to  the  said  public  administrator,  un- 
less the  said  property  be  of  such  a  description  as  ought  not 
to  be  removed,  or  may  be  ordered  to  be  destroyed  under  the 
laws  concerning  the  public  health. 

Pcriahabie  pro-  §  15.  If  any  property  taken  into  the  charge  of  the  public 
administrator  shall  be  in  a  perishing  condition,  he  may  im- 
mediately sell  the  same  at  public  auction,  on  obtaining  an  or- 
der for  that  purpose  from  the  surrogate  of  New-York,  which 
shall  be  granted  on  due  proof  of  the  fact. 

Notice,  when  to  §  16.  If  the  property  of  any  intestate,  of  which  the  public 
admmistrator  is  authorized  to  take  charge,  shall  exceed  m 
value  the  sum  of  one  hundred  dollars,  he  shall  immediately 
give  notice  of  his  intention  to  apply  to  the  surrogate  of  New- 
York,  for  letters  of  administration  upon  the  estate  of  such  in- 
testate, specifying  the  time  and  place  when  such  application 
will  be  made. 

How  served  and      §  17.  Such  uoticc  shall  be  served  personally  on  the  widow 

publislied.  ''  ^  i  i  • 

and  the  relatives  of  the  intestate  entitled  to  any  share  in  his 
estate,  if  there  be  any  to  be  found  in  the  city  of  New- York, 
at  least  thirty  days  before  the  time  therein  specified.  If 
there  be  none  to  be  found  in  tlie  said  city,  and  in  all  cases 
where  the  notice  shall  not  have  been  personally  served,  it 
shall  be  published  at  least  twice  in  each  week,  for  four  weeks, 
in  some  newspaper  printed  in  the  city  of  New- York. 

cmmincr  of  let-      §  18.  At  thc  time  specified  in  such  notice,  any  person  in- 
tested."^^  ^*^^"  terested  in  the  estate  of  the  deceased,  may  appear  and  con- 
test the  granting  of  letters  of  administration  to  the  public  ad- 
ministrator, and  shall  be  entitled  to  subpoenas  to  compel  the 
attendance  of  witnesses,  on  such  hearing. 


Sw.'or^'S      §  19-  If  it  shall  appear  that  the  deceased  has  left  any  will 
outitied  to  fyf  j^jg  personal  property,  by  which  any  executor  is  appointed 
who  is  competent,  and  qualified  according  to  law  to  take  upon 
him  the  execution  of  such  will :  or  if  it  shall  appear  that  there 


live 

letters 


ADMINISTRATOR— PUBLIC;.  7 

IS  a  widow  or  any  relative  of  the  deceased  entitled  to  a  share  '^^^^  ^' 
in  his  estate,  willing,  competent,  and  qualified,  according  to 
law  to  take  letters  of  administration,  with  the  will  annexed, 
if  there  be  one,  or  to  take  letters  of  administration  if  there  be 
no  will,  then  letters  testamentary  shall  be  granted  to  such 
executor,  or  letters  of  administration  shall  be  granted  to  such 
widow  or  relative,  as  in  other  cases. 

§  20.  Upon  such  letters  testamentary  or  letters  of  admin-    Effect  of  such 
istration  being  granted,  all  control  and  authority  of  the  public 
administrator  over  the  estate  of  the  deceased,  shall  cease, 
and  every  order  that  may  have  been  previously  granted  to 
him,  in  relation  to  the  estate,  shall  be  revoked. 

§  21.  The  expenses  incurred  by  the  public  administrator,  in  Previous  eipen- 

11  n  •  1  T  1         rr  ses  to  be  paid. 

all  necessary  measures  for  securmg  and  guardmg  the  eiiects 
of  the  deceased  from  waste  and  embezzlement,  of  serving  and 
publishing  the  notice  aforesaid,  and  of  obtaining  any  neces- 
sary order  from  the  surrogate,  and  of  executing  such  order, 
shall  be  taxed  and  allowed  by  the  surrogate,  and  may  be  re- 
tained by  the  public  administrator  out  of  any  monies  or  effects 
of  the  deceased  in  his  hands,  and  the  residue  thereof  shall  be 
delivered  by  him  to  the  executor  or  administrator  so  allowed 
or  appointed,  without  any  abatement  or  deduction  for  com- 
missions, or  for  any  other  charges  than  such  as  shall  have 
been  so  allowed  and  taxed. 

§  22.  If  there  shall  be  no  monies  or  effects  of  tlie  deceased  iwd. 
in  the  hands  of  the  public  administrator,  to  pay  such  expenses, 
the  same,  after  being  allowed  and  taxed,  shall  be  paid  by  the 
executor  or  administrator  so  appointed,  in  preference  to  all 
other  debts  or  claims,  except  funeral  charges,  and  the  public 
administrator  may  maintain  an  action  therefor  in  his  own 
name, 

§  23.  If  no  executor  be  allowed,  and  no  letters  testamen-    Letters,  when 
tary,  or  of  administration,  be  granted  by  the  surrogate  to  any  pubuc^'aSi!!^ 
other  person,  at  the  time  specified  for  hearing  the  application,  '^^^°'' 
or  at  such  other  times  as  shall  have  been  appointed,  then,  un- 
less it  appear  that  letters  testamentary,  or  of  administration, 
have  already  been  granted  on  such  estate,  the  surrogate  shall 
grant  letters  of  administration  thereon,  with  the  will  annex- 
ed, or  otherwise,  as  the  case  may  require,  to  the  public  admin- 


TITLE  6. 


ADMINISTRATORS-PUBLIC. 

istrator ;  briefly  stating  that  administration  of  the  goods, 
chattels,  credits  and  effects  of  the  deceased,  has  been  grant- 
ed to  him  according  to  law ;  which  letters,  the  record  thereof, 
and  a  transcript  of  such  record,  duly  certified,  shall  be  con- 
clusive evidence  of  the  authority  of  the  said  public  adminis- 
trator, in  all  cases  in  wliich  he  is  authorized  by  law  to  act. 


fetmfofwhSi'ui      §  ^^*  ^^  ^^^  property  of  any  intestate,  of  which  the  public 
be  given.  administrator  is  authorized  to  take  charge,  be  worth  a  sum 

not  exceeding  one  hundred  dollars,  he  shall  immediately  give 
notice,  briefly  stating  that  the  effects  of  the  deceased,  naming 
him,  with  his  addition,  in  the  hands  of  the  public  administrator, 
will  be  administered  and  disposed  of  by  him  according  to  law, 
unless  the  same  be  claimed  by  some  lawful  executor  or  ad- 
ministrator of  the  deceased,  by  a  certain  day  to  be  specified 
in  such  notice,  not  less  than  thirty  days  from  the  service,  or 
first  publication  thereof,  as  herein  directed. 

How  served.  §  25.  Such  notice  shall  be  personally  served  on  the  widow, 
and  every  relative  of  the  deceased  who  shall  be  residing  in 
the  city  of  New- York,  if  any  can  be  found ;  and  if  none  be 
found,  and  in  all  cases  where  such  personal  service  shall  not 
have  been  made,  the  notice  shall  be  published  once  in  each 
week,  for  four  weeks,  in  a  newspaper  printed  in  the  city  of 
New-York. 

Affidavit,  &e:  §  26.  If,  at  the  time  appointed  in  such  notice,  no  claim  to 
the  eflTects  of  the  deceased  shall  have  been  made  by  any  law- 
ful executor  or  administrator,  the  public  administrator  shall 
make  and  file  in  the  office  of  the  surrogate  of  the  city  and 
county  of  New- York,  an  affidavit,  stating  the  value  of  the 
property  and  effects  of  the  deceased,  the  service  and  publican 
tion  of  the  notice  by  him,  as  above  directed,  and  that  no 
claim  has  been  made  according  to  law,  and  that  he  has  taken 
upon  himself  the  administration  of  the  estate  of  the  deceased. 


Eftect  of  filing 
affidavit: 


§  27.  Upon  filing  such  affidavit,  the  public  administrator 
shall  be  vested  with  all  the  rights  and  powers,  and  subject  to 
all  the  duties  of  an  administrator  of  the  estate  of  the  deceas- 
ed, in  the  same  manner  as  if  letters  of  administration  had 
been  granted.  Such  affidavit,  and  a  duly  certified  copy  there- 
of, shall  be  presumptive  evidence  of  the  facts  therein  contain- 
ed, and  that  administration  of  the  estate  of  the  deceased,  has 


ADMlxNlSTRATOR— PUBLIC.  » 

been  committed  to  the  public    administrator    according  to 
law. 

§  28.  Until  letters  of  administration  shalj  be  granted  to  the  nrsnalor''  before 
.pubHc  administrator,  or  until  an  aflidavit  shall  be  filed  by  him  *"  *'^*' 
as  above  directed,  he  shall  not  proceed  in  the  administration 
of  any  estate,  further  than  to  pay  funeral  charges  of  the  de- 
ceased, to  take  possession  of,  and  secure  his  efl'ects,  as  herein 
before  authorized,  to  sell  such  of  them  as  shall  be  perishable, 
and  to  defray  the  expenses  of  such  proceedings,  and  of  serv- 
ing and  publishing  notices,  and  of  taking  out  letters  of  ad- 
ministration. 

§  29.  Whenever  the  deceased,  of  whose  estate  the  public  j.^pn'j^fjj'eign 
ndministrator  is  authorized  to  take  charge,  shall  be  a  fo-  i«n«»»3- 
reigner,  and  shall  not  have  become  naturalized,  or  taken  any 
steps  for  that  purpose,  it  shall  be  the  duty  of  the  public  ad- 
ministrator to  serve  upon  the  consul  of  the  nation  to  which 
the  deceased  belonged,  if  any  there  be  in  the  city  of  New- 
York,  the  notice  of  his  intention  to  apply  for  letters  of  admi- 
nistration, and  of  his  intention  to  administer,  herein  before 
specified,  in  the  same  manner  as  they  are  herein  directed  to 
be  served,  upon  the  widow  or  relative  of  the  deceased. 

§  30.  If  any  lawful  executor  or  administrator  shall  appear  ,AgJeJ/o  ,awfui 
to  claim  the  effects  of  the  deceased,  at  any  time  before  the  executor,  &c. 
public  administrator  becomes  vested  with  the  power  of  ad- 
ministering such  effects,  he  shall,  on  producing  the  letters  tes- 
tamentary, or  of  administration,  be  entitled  to  receive  the 
goods  and  eflects  of  the  deceased  in  the  hands  of  the  public 
administrator,  after  deducting  the  charges  specified  in  the 
preceding  twenty-fii'st  section,  to  be  allowed  and  taxed  by 
the  surrogate,  as  therein  directed. 

§  31.  The  powers  and  authority  of  the  public  administra-    Powers  of  pub- 

,      .  ,  .     .         r  ^  ^  i      n  i       li*"'  administrator 

tor,  m  relation  to  the  estate  of  any  deceased  person,  shall  be  when  superseded 
superseded  in  the  three  following  cases  : 

1.  Where  letters  testamentary  shall  be  granted  to  any  exe- 
cutor of  a  w411  of  any  deceased  person,  either  before  or  after 
the  public  administrator  shall  have  taken  letters,  or  become 
vested  with  the  powers  of  an  administrator  upon  such  estate : 

2.  Where  letters  of  administrauon  of  such  estate  shall  have 


10  ADMINISTRATOR— PUBLIC, 

been  granted  to  any  other  person,  before  the  public  adminis- 
trator became  vested  with  the  powers  of  an  administrator, 
upon  the  same  estate : 

3.  Where  letters  of  administration  shall  be  granted  upon 
such  estate,  by  any  surrogate  having  jurisdiction,  at  any  time 
within  six  months  after  the  public  administrator  became  vest- 
ed with  the  powers  of  an  administrator  upon  such  estate. 

Ibid.  §  32.  If  any  relative  of  the  deceased,  entitled  to  adminis- 

tration on  his  estate,  being  competent  and  qualified  accord- 
ing to  law,  shall,  within  three  months  after  the  public  admin- 
istrator has  become  vested  with  the  powers  of  an  administra- 
tor on  such  estate,  apply  to  the  surrogate  of  New- York  for 
letters  of  administration,  the  same  shall  be  granted  to  him, 
upon  proof  to  the  surrogate  that  the  applicant  did  not  reside 
in  the  city  of  New- York  at  the  time  of  the"  death  of  the  intes- 
tate ;  or  that  residing  in  the  said  city,  no  notice  was  served 
on  him  as  herein  required. 

iiv"e?  *'  ***  ^^  ^  ^^'  ^P^"  notice  being  given  to  the  public  administrator, 
of  the  granting  such  letters  testamentary,  or  letters  of  ad- 
ministration, in  either  of  the  cases  aforesaid,  by  producing  to 
him  duly  attested  copies  thereof,  his  powers  and  authority  in 
relation  to  such  estate  shall  cease  ;  and  he  shall  deliver  over 
to  the  executor  or  administrator  so  appointed,  the  property, 
monies,  and  effects  in  his  hands,  belonging  to  the  said  estate, 
after  deducting  his  commissions  on  the  monies  received  by 
him,  at  the  rate  herein  before  allowed,  and  the  expenses  in- 
curred by  him,  in  the  preceding  twenty-first  section  specified, 
to  be  allowed  and  taxed  as  therein  directed. 

5<uitgnotto  §  34.  No  suit  that  shall  have  been  commenced  by  the  pub- 

****"'  lie  administrator,  shall  abate  on  account  of  his  authority  hav- 

ing ceased  for  any  cause ;  but  the  same  may  be  continued  by 
his  successor,  or  the  executor  or  administrator  of  the  deceas- 
ed, who  shall  succeed  him  in  the  administration  of  the  estate, 
in  relation  to  which  such  suit  shall  have  been  brought. 

Rights,  powers,      ^  35,  Whcncver  the  public  administrator  shall  become  vest- 

and    duties    of  ^  ^  . 

pabiic  adminis  o(\  ^jth  the  riofht  of  administering  upon  any  estate  as  herein 
provided,  he  shall  possess  the  following  rights  and  power,?, 
and  be  subject  to  the  followincr  obligations : 


ADMINISTRATOR— PUBLIC.  II 

1.  He  shall  have  all  the  rights,  powers,  and  authority  given 
by  law  to  any  administrator,  except  so  far  as  the  same  may 
be  qualified  by  the  succeeding  provisions  : 

2.  He  may,  like  any  other  administrator,  sue  and  be  sued ; 
and  he  may  plead  the  general  issue  in  any  action  against  him, 
and  give  the  special  matter  of  his  defence  in  evidence  under 
that  plea : 

3.  He  shall  make  and  return  an  inventory  in  all  cases,  in 
the  same  manner  and  within  the  same  time  as  is  required  by 
law  of  other  administrators ;  and  the  same  proceedings  may 
be  had  to  compel  such  return : 

4.  He  may  sell  the  personal  property  of  the  deceased  at  pub- 
lic auction,  after  publishing  notice  thereof  three  days,  daily,  in 
a  newspaper  in  the  city  of  New-York ;  but  he  shall  not  sell 
any  property  exceeding  five  hundred  dollars  in  value,  without 
having  given  such  notice  daily  for  fourteen  days  : 

5.  He  shall  not  sell  any  public  stock,  or  stock  in  any  incor-  • 
porated  company,  unless  for  the  payment  of  debts,  and  on  the 

order  of  the  siirro^^ate,  to  be  duly  entered  in  his  records: 

6.  In  all  cases  where  the  estate  of  any  deceased  person  in 
his  hands  shall  exceed  the  value  of  two  hundred  and  fifty  dol- 
lars, he  shall  give  notice  to  the  creditors  of  the  deceased  to 
exhibit  their  claims,  by  a  publication  once  in  each  week  for 
eight  weeks,  in  a  newspaper  printed  in  the  said  city,  and  in 
the  state  paper: 

7.  He  may,  in  his  discretion,  proceed  as  other  administra- 
tors are  allowed  by  law,  to  compel  creditors  to  exhibit  their 
claims,  and  with  the  like  effect  in  all  respects : 

8.  He  shall  adjust  and  pay  all  demands  against  the  estate  of 
the  deceased,  in  the  same  manner  as  other  administrators ;  and, 
like  them,  may  refer  all  disputes  respecting  such  demands  : 

9.  One  year  after  he  shall  have  become  vested  with  the 
right  of  administering  upon  any  estate,  he  shall  account  on 
oath  to  the  surrogate  of  New- York  for  all  assets  of  such  estate 
received  by  him,  and  for  the  application  thereof;  and  the  same 
proceedings  may  be  had  to  compel  such  account,  as  are  pro- 
vided by  law,  in  the  case  of  administrators  : 

10.  He  may,  in  his  discretion,  proceed  as  other  adminis- 
trators are  allowed  by  law,  after  the  expiration  of  twelve 
months,  from  the  time  he  became  vested  with  the  powers  of 
an  administrator  on  any  estate,  to  have  a  final  settlement  of 
his  accounts  in  relation  to  such  estate,  and  with  the  like 'effect: 


12  ADMINISTRATOR— PUBLIC. 

11.  In  the  settlement  of  his  accounts  he  shall  not  be  allow- 
ed for  any  payments  made  by  him,  unless,  in  addition  to  the 
other  vouchers  therefor,  it  shall  appear  that  the  same  were 
made  on  a  joint  check,  signed  by  hijnself  and  the  comptroller 
of  the  city  of  New- York,  upon  the  bank  in  which  his  deposits 
are  required  to  be  made ;  excepting  that  he  may  be  allowed 
for  current  expenses  authorized  by  law,  not  to  exceed  twentj^ 
dollars  in  any  one  case : 

12.  In  the  settlement  of  his  accounts,  he  shall  iK)t  be  allow- 
ed for  any  demand  which  he  may  have  against  the  estate  of 
the  deceased,  unless  such  demand  was  specified  in  writing  to- 
the  surrogate,  at  the  time  of  applying  for  letters  of  adminis- 
tration, or  at  the  time  of  filing  the  affidavit  herein  required  tO' 
vest  him  with  the  rights  of  an  administrator,  nor  unless  it 
shall  appear  that  he  had  such  demand,  or  that  his  responsibih- 
ty,  on  which  it  may  be  founded,  existed,  previous  to  the  death 

^  of  the  person  against  whose  estate  it  may  be  exhibited: 

13.  He  shall  pay  all  legacies  and  shares  of  the  estate  of  the 
deceased,  according  to  the  decrees  of  the  surrogate : 

14.  The  balance  of  any  monies  remaining  in  his  hands  on 
me  adjustment  of  his  accounts,  shall  be  paid  into  the  treasury 
of  the  city  of  New- York ;  and  he  shall  transfer  aiul  deliver 
to  the  corporation  of  the  said  city,  all  public  stocks,  and  all 
stock  in  any  incorporated  company,  belonging  to  the  estate 
of  the  deceased. 


mes 


DepoBit  of  mo-  ^  ^Q.  Tlic  public  administrator  shall  deposit  all  monies  by 
him  collected  and  received,  within  two  days  after  the  receipt 
thereof,  in  such  bank  as  the  common  council  of  the  said  city 
shall  designate,  to  the  joint  credit  of  himself  and  the  comp- 
troller of  the  city  of  New- York,  excepting  so  much  as  may 
be  necessary  to  pay  the  cm-rent  expenses  of  any  proceedings 
authorized  by  law,  which  shall  be  allowed  by  the  surrogate 
of  New- York,  and  shall  not  exceed  twenty  dollars  in  any  one 
case. 

How  drawn  out.  §  37.  The  mouics  SO  deposited,  shall  be  drawn  out,  onh> 
on  the  joint  check  of  the  public  administrator  and  the  said 
comptroller,  in  the  cases  where  by  law  the  public  administra- 
tor is  required  to  pay  out  monies.  The  comptroller  shall  pre- 
serve a  register  of  all  checks  signed  by  him,  as  a  part  of  the 
documents  of  his  ofiice. 


ADMINISTRATOR— PUBLIC.  12 

§  38.  The  puMic  administrator  may,  at  any  time,  advance  ,.^;i^s"''' ^^ ''' 
to  any  relative  of  the  deceased,  such  jDortion  of  the  share  of 
any  estate  to  which  he  may  be  entitled,  not  exceeding  fifty 
dollars,  as  in  the  opinion  of  the  surrogate  may  be  necessary 
for  the  support  of  such  relative. 

§  30.  Tlie  public  administrator  shall  exhibit  to  the  common  „^^J[;j;J.\^J^1;;* 
council  of  the  city  of  New- York,  to  the  first  day  of  January  i^tracor. 
in  each  year,  or  within  fourteen  days  after  that  day,  a  state- 
ment, on  oath,  of  the  monies  received  by  him  for  comm^sions 
and  expenses,  and  of  the  total  amount  of  his  receipts  and  ex- 
penditures, in  each  case  in  which  he  shall  have  taken  charge 
of  and  collected  any  effects,  or  in  which  he  shall  have  admin- 
istered on  any  estate,  during  the  preceding  year,  with  the 
name  of  the  deceased,  his  addition,  the  place  of  his  residence 
at  the  time  of  his  death,  if  the  same  be  known,  and  the  coun- 
try or  place  from  which  he  came,  if  he  w^as  not  a  resident  of 
this  state  at  the  time  of  his  death. 

§40.  The  public  administrator  shall  cause  the  said  state-  to  be  published, 
ment  to  be  published  for  three  weeks,  daily,  in  a  newspaper 
in  the  city  of  New- York,  and  twice  in  each  week  in  the  state 
paper ;  the  expense  of  which,  shall  be  deducted  by  him  from 
the  balance  in  his  hands,  payable  to  the  city  treasury. 

§  41.  If  any  public  administrator  in  the  city  of  Nev^-York,  Penalty  for  omi»- 
shall  neglect  to  render  or  to  publish  such  statement,  as  here- 
in before  required,  he  shall  forfeit  five  hundred  dollars,  to  be 
recovered  by  the  attorney-general,  for  the  use  of  this  state  ; 
and  on  such  recovery  being  had,  he  shall  forfeit  his  office,  and 
be  thereafter  incapable  of  being  appointed  to  the  same. 

§  42.  The  mayor,  alderman  and  commonalty  of  the  city  of  Rf'»po»i''»wiity  or 

-^T  -^r      1        1      n     •         IT  1  .1  ,      ^        T  /  corporation. 

New- York,  shall,  ni  all  cases,  be  responsible  for  the  applica- 
tion of  all  monies  received  by  the  public  administrator,  ac- 
cording, to  law,  and  for  the  due  and  faithful  execution  of  all 
the  duties  of  his  office. 

§  43.  The  said  corporation  shall  also  be  answerable  for  all         ibid, 
stock  transferred  by  the  public  administrator,  and  the  divi- 
dends received  thereon,  and  for  all  monies  paid  into  the  city 
treasury  by  him,  or  whi<:h  ought  to  be  $o  transferred  or  paid 


14  ADMINISTRATOR— PUBLIC. 

in  according  to  law,  after  deducting  therefrom  the  commis- 
sions allowed  by  law ;  but  not  for  any  interest  on  such  mo- 
nies, or  dividends  on  stock.  All  persons  who  shall  be  entitled 
to  receive  such  monies  and  stock,  as  creditors,  legatees,  or  re- 
latives of  the  deceased,  and  all  persons,  aggrieved  by  any  un- 
authorized acts,  or  omissions,  of  the  public  administrator,  shall 
have  the  same  remedies  against  the  said  corporation  for  the 
same,  as  they  would  have,  against  any  executor. 

de^nverefw*8u^c^     ^  ^'^'  Whcncver  the  public  administrator  shall  resign,  or 
lessors.  j^g  rcmovcd  from  his  office,  he  shall  immediately  deliver  over 

all  papers,  money  and  effects,  in  his  hands,  to  his  successor ; 
and  in  case  of  the  death  of  such  officer,  the  persons  into  whose 
custody  or  possession  any  such  papers,  money  or  efi'ects,  may 
come,  shall,  on  demand,  deliver  the  same  to  the  successor 
duly  appointed.  Such  delivery  may,  in  either  case,  be  enforc- 
ed in  the  manner  provided  in  Chapter  fifth  of  the  first  part  of 
the  Revised  Statutes,  in  relation  to  public  officers. 

Death  of  tran-  §  45.  Evcry  pcrson  keeping  a  boarding  or  lodging  house 
be  repoS "*  °  in  the  city  of  New- York,  shall  report  in  writing,  to  the  public 
administrator,  the  name  of  every  transient  person  who  shall 
die  in  his  house,  within  twelve  hours  after  such  death.  Who- 
ever shall  neglect  to  comply  with  this  provision,  shall  forfeit 
one  hundred  dollars,  to  be  sued  for,  and  recovered  by,  and  in 
the  nam^  of  the  public  administrator,  the  one  moiety  thereof 
to  his  own  use,  and  the  other  moiety  to  the  use  of  the  corpora- 
tion of  the  said  city. 

Penalty  for  ncg-  §  46.  The  public  administrator  in  New- York,  shall  cause 
recovered.  a  copy  of  the  last  scctiou  to  be  left  at  every  boarding  and  lodg- 
ing house  in  the  city  of  New- York,  at  least  once  in  each  year ; 
and  he  shall  not  be  entitled  to  recover  of  any  person  the  pe- 
nalty given  by  the  last  section,  without  due  proof  of  the  service 
of  a  copy  of  that  section,  personally,  on  the  defendant,  pre- 
vious to  the  neglect  for  which  such  suit  may  be  brought,  and 
.   within  one  year  before  the  commencement  of  such  suit.  (65.) 

(65)  Laws  of  1815,  p.  161.     Laws  of  1821,  p.  187. 


ADMINISTRATOR— puBuc.  l^ 


CHAP.   CXLVIII. 

AN  ACT  in  relation  to  the  Office  of  Public  Administrator  in 
the  City  of  New- York. 

Passed  April  16, 1829. 

TJie  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

47.  §  1.  So  much  of  the  Revised  Statutes  as  relates  to  the  Title  6  to  go  into 
office  of  pubHc  administrator  in  the  city  of  New- York,  that  May,  i83o. 

is  to  say :  Article  first  of  Title  sixth  of  Chapter  sixth  of  the 
Second  Part,  shall  go  into  operation  on  the  first  day  of  May, 
instead  of  the  first  day  of  January  next,  any  law  heretofore 
passed  to  the  contrary  notwithstanding. 

48.  §  2.  It  shall  and  may  be  lawful  for  the  common  council  of  common  council 

•'  to  make  rules  tor 

the  said  city  to  ffive  such  directions,  and  to  make  such  rules  ^^p  povtrnment 

•'  °  '  ol  public  adinm- 

and  regulations  for  the  government  of  the  said  public  admin-  istraior. 
istrator,  as  they  may  from  time  to  time  deem  necessary  and 
proper  to  carry  into  effect  the  provisions  of  said  article  ;  and 
it  shall  be  his  duty  faithfully  in  all  things  to  conform  to  the 
same. 

NoTH. — The  office  of  public  administrator  was  created  by  the  act  of  1815,  vol.  3, 
p.  161 ;  before  that  period  the  duty  of  administering  to  certain  persons  djing  ioteetale 
belonged  lo  the  chamberlain  of  the  citj  ofNewYork. 


16        .  ALDERMEN. 


AL  DERM  EX. 


iuDeKS  OF  Common  Pleas,— Vide  "  Common  I'leas." 

Judges  of  General  Sessions,— Vide  *' Court  of  General  Sessions.' 

Judges  of  Oyer  and  Terminer, — Vide  "Ojer  and  Terminer." 


Revised  Statutes,  Vol  2.  P,  743. 
ARTICLE  11. 


1.  When  to  act  as  Coroner. 

2.  When  may  act  as  attorney  and  counsel. 


Certain  officers      9.  §  1.  Ill  casG  of  the  absonoo  of  the  coroner  of  the  citv  and 

in      New-York  -rri  r  ^  •     •       ^  i/^  *^i 

when  to  act  aa  countv  01  JXew^-York,  or  ot  his  inability  to  attend  from  sick- 

coronera.  *^  •  i  i  . 

ness  or  any  other  cause,  at  any  time,  any  aklerman  or  special 
justice  of  the  city,  may  perform  during  such  absence  or  ina- 
bihty,  any  duty  appertaining  to  the  office  of  coroner  of  the 
said  city,  under  this  article ;  and  such  alderman  or  justice 
shall  possess  the  like  authority,  and  be  subject  to  the  like  ob- 
ligations and  penalties  as  the  said  coroner. 


ALDERMEN.  ^^ 


CHAP.  XXIV. 

AN  ACT  to  amend  Title  1,  Chapter  III.  Pa7i  III.  of  the  Re- 
vised Statutes,  concernivg  Courts  of  Justice,  and  the  Poicers 
and  Duties  of  certain  Judicial  OJicers  in  the  City  of  New- 
York. 

Passed  February  23,  1832. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  The  third  chapter  of  part  third,  title  first  of  the  Re-  chap.  amended; 
vised  Statutes,  shall  be  and  the  same  is  hereby  amended,  by- 
inserting,  at  the  end  thereof,  the  following  sections,  which  in 
any  future  pubhcation  of  the  said  title  shall  be  numbered  as 
the  twelfth  and  thirteenth  sections  of  tlie  said  title : 

12.  §  2.  The  provisions  of  the  fourth  and  fifth  sections  of  this  The  provision  of 

^  ^  tins  act  18  iiitend- 


tlie 
Rev. 


title  shall  not  prevent  the  aldermen  of  the  city  of  New- York  ed  to  remove 

^  •'  rcstramts  of  ] 

from  practising  as  attorneys  or  counsel  in  the  court  of  com-  |'4-^^'-5^-  Pi^Ycu 
mon  pleas  of  the  said  city,  nor  from  having  partners  prac-  Se'^JSaJact  as 
tising  in  said  court ;  provided  such  alderman  shall,  within  ten  cStoJ'^or'^'  attoj- 
days  after  having  taken  the  oath  of  office  required  by  law  to  ywHicIl^  hTi 
be  taken  by  aldermen  in  said  city,  file  in  the  office  of  the  clerk  KfknTpartlTer 
of  the  said  city  and  county  a  declaration  of  his  refusal  to  act  foirtof whiJh^hl 
as  a  judge  of  said  court  of  common  pleas,  during  the  term  of  S  Sofe'suitsTil 
his  service  as  alderman.  bel^X^l &c.*" 

§  13.  On  filing  such  declaration  of  his  refusal,  such  alder-    ibid; 
man  shall  not  act  as  judge  of  said  court,  nor  be  empowered 
to  execute  any  of  the  duties  of  such  officer,  except  in  exer- 
cising the  duties  enjoined  on  him  by  the  constitution. 


3 


IB  ALMSHOUSE  AND  BRIDEWELL. 

AL1II8HOU8E  AlXn  BRID£lV£LIi. 

[Thirty-Sixth  Session. — Vol  2.  p,  439.] 
CHAP.   LXXXVL 

AN  ACT  TO  REDUCE,  &c. 

Passed  April  9,  1813. 

COMMISSIONERS  OF  THE  ALMSHOUSE  AND  BRIDEWELL. 

1.' Common  council  to  appoint  commissioners  of  tlie  almshouse,  and, 

2.  May  remove  them  and  appoint  other  officers,  and 

3.  Powers  of  commissioners. 

4.  Commissioners  may  bind  out  poor  children. 

5.  Settlement,  how  acquired  in  New-York. 

6.  Penitentiary,  and  who  to  be  confined  therein. 

7.  Jail  of  the  city,  and  who  to  be  confined  therein. 

8.  Keepers  of  the  jail  and  penitentiary  to  receive  prisoners. 

9.  Disorderly  persons  may  be  committed  to  penitentiary  for  six  months. 

10.  Powers  of  the  corporation  in  relation  to  almshouse,  bridewell,  and  penitentiary. 
11  &  13.  Superintendent  of  almshouse  and  tenure  of  his  office. 
13.  Paupers  required  to  work,  and  punishment  for  refusing. 

Common  council      1 .  §  CCXLVL  And  be  it  further  enacted,  That  it  shall  be  law- 

to  appoint  com-  *^ 

missionersoftheful  for  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New- York,  in  common  council  convened,  to  nominate  and  ap- 
point under  the  common  seal  of  the  said  city,  not  more  than 
five  of  the  freeholders  and  inhabitants  of  the  said  city,  to  be  the 
overseers  of  the  poor  thereof,  by  the  name  and  style  of  "  the 
commissioners  of  the  almshouse  and  bridewell  of  the  city  of 
New- York ;"  which  said  persons  being  so  appointed,  or  the 
major  part  of  them,  shall  have  the  same  power  and  authority  of 
Their  duties,  ovcrsceing  and  providing  for  the  poor  of  the  said  city,  and  they 
or  any  two  of  them  shall  have  the  same  power  and  authority 
for  putting  or  binding  out  apprentices  and  servants  in  the 
said  city,  and  be  subject  to  the  same  duties  and  penalties 
which  the  overseers  of  the  respective  towns  in  this  state  have 
or  are  subject  to. 

Common  council      2.  §  CCXLVIL  And  be  it  further  enacted,  That  it  shall  be 
missioners  and  lawful  for  thc  commou  couucil  of  the  said  city  to  remove  from 

appoint  others.  •         i  i     •        i  j 

omce  any  person  so  by  them  appomted,  at  their  pleasure,  and 


ALMSHOUSE  AND  BRIDEWELL.  ,     19 

also  in  manner  aforesaid,  from  time  to  time,  to  fill  all  vacancies 

which  shall  be  occasioned  by  such  removal,  or  by  death  or 

resignation,  and  also  from  time  to  time  to  appoint  such  other    And  appoint 

officers  as  they  may  deem  proper  for  the  government  of  the 

said  almshouse  and  bridewell,  and  to  make  and  ordain  such  dinance™  for  the 

ordinances  and  regulations  as  they  shall  think  necessary  for  fJeSf"^"'  ' 

the  better  government  of  the  said  almshouse  and  bridewell, 

and  the  keepers,  officers,  and  servants  thereof:   Provided, 

Such  ordinances  and  regulations  be  not  contrary  to  the  laws 

and  constitution  of  this  state,  or  of  the  United  States. 

3.  §  CCXLVIIL  And  he  it  farther  enacted,  That  the  commis-  Further  power. 

•^  .  of  commiBsionera 

sioners  of  the  almshouse  and  bridewell  of  the  city  of  New- 
York,  or  any  one,  two,  or  more  of  them,  shall  have  and  exercise 
the  same  powers  and  authority,  and  do  every  act  and  thing  in 
pursuance  of  the  "act  for  the  settlement  and  relief  of  the  poor," 
and  the  "  act  concerning  apprentices  and  servants,"  in  the 
same  manner  as  if  they  were  justices  of  the  peace  for  the  city 
and  county  of  New- York,  or  aldermen  of  the  said  city :  Pro- 
vided always,  That  nothing  herein  contained  shall  be  construed 
to  authorize  them  to  sit  as  judges  in  the  court  of  general  ses- 
sions of  the  peace,  in  and  for  the  said  city. 

And  whereas  the  commissioners  of  the  almshouse  and  bride- 
well of  the  city  of  New- York,  or  some  of  them,  have  hereto- 
fore bound  out  poor  children,  as  apprentices  or  servants,  to 
persons  residing  out  of  the  said  city,  and  doubts  are  enter- 
tained whether  such  binding  be  lawful :  Therefore, 

4.  §  CCXLIX.  Be  it  further  enacted,  That  every  such  binding    commis8ioner» 
out  heretofore  made,  shall  be  and  the  same  is  hereby  confirm-  poor  children,  to 

,,,,.,  .      .  (,    ,  1      11  persons    residing 

ed,  and  that  the  said  commissioners,  or  any  two  oi  them,  shall  in  any  part  of  the 
and  may,  when  they  see  fit,  bind  out  such  poor  children  as 
they  shall  be  authorized  to  bind  out,  to  any  person  or  persons 
residing  out  of  the  city  of  New- York :  Provided,  The  person 
or  persons  to  whom  such  children  may  be  bound,  shall  reside 
in  this  state.  - 

5.  §  CCL.  And  he  it  further  enacted,  That  the  person  or  per-    Persons  from 

*  ^  '  r  1  other  states,  in 

sons  who  may  have  or  hereafter  shall  come  into  the  city  of  ^'^*^  ""^^^^  "^* 

•^  .'to  acquire  a  eet- 

New-York,  from  any  other  state  within  the  United  States  of  ^.\\«j;"J'^/5 J^^^ 
America,  shall  not  be  deemed  and  adjudged  legally  settled  in 
the  said  city,  unless  the  party  shall  first  prove  to  the  satisfac- 


20  ALMSHOUSE  AND  BRIDEWELL. 

tion  of  the  commissioners  of  the  ahiishouse  and  bridewell  of  the 
said  city,  that  after  his  or  her  arrival  therein,  he  or  she,  as  the 
case  may  be,  shall  have  acquire^i  such  requisites  to  constitute 
a  settlement,  as  are  necessary  in  and  by  the  laws  of  such 
state,  from  whence  he  or  she  may  have  come  as  aforesaid. 


[Thirty-Seventh  Session.^VoL  3.  b.  p.  190.] 
CHAR  CLXXVL 

AN  ACT  relative  to  the  Almshouse  and  Bridewell,  and  City 
Prison,  in  the  city  of  New-Yorh 

Passed  April  15,  1814. 

Recital,  Whereas  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York,  have,  by  their  memorial,  represented  to  the 
legislature,  that  they  are  now  erecting,  and  have  nearly  com- 
pleted, spacious  buildings,  at  Bellcvue,  in  the  ninth  ward  of 
the  city  of  New- York,  one  of  which  buildings  is  designated 
by  them  to  be  used  and  employed  as  an  almshouse,  and  an- 
other contiguous  thereto  is  designated  by  them  to  be  used  and 
employed  as  a  jail,  for  the  confinement  of  such  offenders  as 
are  to  be  kept  at  labour  during  their  imprisonment ;  and  have 
prayed  the  legislature,  for  certain  reasons  set  forth  in  their 
said  memorial,^  to  establish  the  said  last  mentioned  building 
as  one  of  the  jails  of  the  said  city,  and  to  enact  the  hereinafter 
contained  provisions  relative  to  commitment  of  offenders 
thereto,  and  to  the  city  prison  or  bridewell,  the  prayer  of 
which  memorial  appears  proper  to  be  granted :  Therefore, 

Penitentiary  of       6.  §  L  Be  it  enacted  by  the  People  of  the  State  of  New-York, 

New- York.  tj  x         ^  »' 

represented  in  Senate  and  Assembly,  That  one  of  the  buildings 
now  erecting  by  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  at  Bellevue,  in  the  ninth  ward  of  the  said 
city,  as  shall  be  designated  by  the  common  council  of  the 
said  city,  shall  be  and  become  one  of  the  jails  of  the  said  city, 
by  the  name  of  "  The  Penitentiary  of  the  city  of  New- York," 
whenever  and  as  soon  as  the  common  council  of  the  said  city 
shall  deem  such  building  sufficiently  finished  for  the  safe  keep- 


ALMSHOUSE  AND  BRIDEWELL.  21 

ing  of  the  prisoners  ;  and  the  said  building  shall  thenceforth  fiS'lherein.*'"' 
be  and  continue  the  jail  of  the  said  city,  for  the  confinement 
and  safe  keeping  of  all  persons  convicted  of  any  crime  or  mis- 
demeanor, and  sentenced  to  confinement  therein,  by  the  gene- 
ral sessions  of  the  peace,  in  and  for  the  city  and  county  of 
New- York,  or  any  court  of  oyer  and  terminer  there ;  and 
also  of  all  persons  committed  thereto  by  the  mayor,  recorder, 
and  aldermen  of  the  said  city,  or  the  special  justices  for  pre- 
serving the  peace  in  the  said  city,  for  the  time  being,  or  any 
two  of  them ;  and  the  said  penitentiary  shall  be  under  the  Penitentiary,  un- 

^  •'  ,        der  whose  charge 

charge  of  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York ;  and  the  said  mayor,  aldermen  and  common- 
alty, in  common  council  convened,  shall,  from  time  to  time,  p^fS/*^^^*^^ 
appoint  some  proper  person  to  be  keeper  of  the  same,  who 
shall  hold  his  office  during  the  pleasure  of  the  said  common 
council,  and  shall  be  called  "  the  keeper  of  the  penitentiary  of 
the  city  of  New- York  ;"  and  all  commitments  of  offenders  to 
the  said  jail,  shall  be  to  "  the  keeper  of  the  penitentiary  of  the 
city  of  New- York." 

» 
7.  §  2.  And  be  it  further  enacted,  That  the  part  of  the  bride-  Jaiiofihecity, 
well  of  the  city  of  New- York,  which  is  now  established  and 
used  as  the  jail  of  the  said  city,  for  the  confinement  and  safe 
keeping  of  all  persons  charged  with,  or  convicted  of  any  crime 
or  misdemeanor,  except  persons  sentenced  to  imprisonment 
in  the  state  prison,  shall,  after  the  above  mentioned  building 
at  Bellevue  becomes  the  penitentiary  of  the  said  city  as  afore- 
said, continue  to  be  the  jail  of  the  said  city,  for  the  confine- 
ment and  safe  keeping  of  such  persons  as  shall  be  specially 
committed  thereto,  or  sentenced  to  confinement  therein,  and 
especially  of  all  persons  committed  to  prison  in  the  said  city  Whotobecon- 

r  rr  -  ^       tt    ■        .  ^  ,...,,  ^  ^"ed  therein. 

lor  offences  agamst  the  United  States  ;  and  the  jail  last  afore- 
said shall  also  be  under  the  charge  of  the  mayor,  aldermen 
and  commonalty  of  the  said  city ;  and  the  common  council 
of  the  said  city  shaff,  from  time  to  time,  appoint  some  proper  Keeper  to  be  ap- 
person  to  be  keeper  of  the  same,  who  shall  hold  his  office  Knu '  ^"**  ^^ 
during  the  pleasure  of  the  said  common  council,  and  shall  be 
called  "  the  keeper  of  the  city  prison  of  the  city  of  New- 
York;"  and  all  commitments  of  oflTcnders  to  the  jail  last 
aforesaid,  shall  be  to  "  the  keeper  of  the  city  prison  of  the 
city  of  New-York." 


22  ALMSHOUSE  AND  BRIDEWELL. 

pStemiarf  and  ^'  §  ^'  "^^^  ^^  it  further  cnactecl,  That  the  keeper  of  the  said 
SnerT&c!'^^"  penitentiary  and  the  keeper  of  the  said  city  prison,  shall  keep 
all  persons  committed  to  them  respectively  in  the  same  man- 
ner and  under  the  same  penalties  as  the  sheriffs  of  the  other 
counties  in  the  state  ought  by  law  to  keep  in  the  jails  of  the 
respective  counties,  the  criminals  committed  to  them. 

Disorderly  prr-       9.  §  4.  ^^nd  be  it  further  enacted,  That  it  shall  and  may  be 

sons  may  be  com-  "'  ^  •  ♦'   ^ 

mitted  to  the  pe-  law^ful  for  the  mavor,  recorder,  and  aldermen  of  the  said  city 

iiitentiary  for  six  J       ^  7  j 

months.  of  Ncw- York,  and  the  special  justices  for  preserving  the  peace 

in  the  said  city,  for  the  time  being,  or  any  two  of  them,  to 
commit  any  person  who  may  be  deemed  and  adjudged  a  dis- 
orderly person,  within  the  meaning  of  the  act,  entitled  "  an 
act  for  apprehending  and  punishing  disorderly  persons,"  to 

There  to  be  kept  the  abovc  mentioned  penitentiary,  to  be  kept  at  hard  labour, 
or  any  w^ork  or  employment  therein,  for  any  period  not  ex- 
ceeding six  months. 

Common  council      10.  §  5.  And  he  it  further  enacted,  That  it  shall  be  lawful  for 

appoint   officers  thc  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
over   the    alms-  _^      .     . 

house,  bridewell,  1  ork,  m  couimou  council  conveued,  irom  time  to  time,  to  ap- 
knd  regulate' the  point  such  Other  officors  as  they  may  deem  proper'  for  the 

same  by  ordinan-  *  .  1     i        1  i     •  i  n  i      • 

ces,  &c.  government  oi  the  said  almshouse,  bridewell,  and  city  prison, 

and  penitentiary,  and  to  make  and  ordain  such  ordinances 
and  regulations  as  they  shall  deem  necessary  for  the  better 
government  of  the  said  almshouse,  bridewell  and  city  pri- 
son, and  penitentiary,  and  the  keepers,  officers,  and  servants 
Proviso.  thereof:  Provided,  Such  ordinances  and  regulations  be  not 
contrary  to  the  laws  and  constitution  of  this  state,  or  of  the 
United  States. 

onhe'aimshouse       H .  §  6.  And  hc  it  further  enacted,  That  it  shall  be  lawful  for 

by  "the^Sunon  thc  Said  uiayor,  aldermen  and  commonalty,  of  the  city  of 

council.  New- York,  in  common  council  convened,  from  time  to  time, 

to  appoint  such  discreet  and  suitable  person,  as  they  may 

think  proper,  to   be  superintendent  of  the  said  almshouse, 

with  such  powers  and  duties  as  they  may,  from  time  to  time, 

by  their  ordinances,  regulations  or  by-laws,  ordain  and  pre- 

Tohoid  his  of-  scribe,  and  to  hold^his  office  for  the  term  of  seven  years,  if 

un^ess'^soonerre-  hc  shall  SO  loug  bc  of  good  bohaviour,  and  removable  during 

conduct  only.      that  period  for  corrupt  or  malconduct,  or  disability,  solely, 

and  for  no  other  cause. 


ALMSHOUSE  AND  BRIDEWELL,  23 


[Forty-Fourth  Session. —  Vol  5,  c.j).  9.] 
CHAP.  XIIL 

AN  ACT  to  repeal  part  of  an  act,  entitled  "  An  act  relative  to 
the  Almshouse  and  Bridewell  and  City  Prison  in  the  City 
of  New-York:' 

Passed  January  22, 1821. 

12.  §  L  Be  it  enacted  by  the  People  of  the  State  of  New-York,  ^f^X^LoSTn 
represented  in  Senate  and  Assembly,  That  so  much  of  the  sixth  pleasure"  etX 
section  of  the  act,  entitled  "  An  act  relative  to  the  almshouse 
and  bridewell  and  city  prison  in  the  city  of  New- York,"  as 
provides  that  the  superintendent  of  the  almshouse  shall  hold 
his  office  for  the  term  of  seven  years,  if  he  shall  be  so  long  of 
good  behaviour,  and  removable  during  that  period  for  corrupt 
or  mal-practice,  or  disability  solely,  and  for  no  other  cause,  be 
and  the  same  is  hereby  repealed :  And  further,  That  the  su- 
perintendent of  the  almshouse  shall  hold  his  office  only  during 
the  pleasure  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New-York. 


CHAP.  XIII. 

AN  ACT  for  the  better  government  of  the  Almshouse  in  the 
City  of  New-York. 

Passed  February  4,  1822. 

13.  §  L  Be  it  enacted  by  the  People  of  the  State  of  New-York,  Paupers  required 
represented  in  Senate  and  Assembly,  That  it  shall  be  lawful 
for  the  superintendent  of  the  almshouse,  in  the  city  of  New- 
York,  to  require  and  compel  all  paupers  actually  chargeable 
upon,  or  receiving  support  from  the  said  city,  to  perform  such 
reasonable  work,  labour  and  service,  as  they  shall  respective- 
ly be  able  to  perform  without  injury,  or  hazard  to  the  health  of 


24 


almshouse: 


the  said  paupers,  and  said  superintendent  shall  from  time  to 
time  direct ;  and  in  case  any  such  pauper  shall  refuse  or  neg- 
lect to  perform  the  work,  labour  and  service,  so  required  of 
him  or  her,  or  shall  not  comply 'with  and  conform  to  such  by- 
laws, rules,  or  regulations  as  now  are  or  hereafter  may  be 
made  and  established  by  the  mayor,  aldermen,  and  common- 
alty of,  the  city  of  New- York,  for  the  well  ordering  and  go- 
vernment of  such  paupers,  or  shall  at  any  time  depart  from 
such  almshouse,  until  he  or  she  shall  be  regularly  and  duly  dis- 
im?ndem.^"^^'^'  "fiissed  and  discharged  therefrom ;  in  each  and  every  such 
case  it  shall  and  may  be  lawful  for  the  said  superintendent,  by 
and  with  the  consent  of  the  commissioners  of  the  almshouse 
and  bridewell  of  the  said  city,  or  any  one  of  them,  to  inflict 
such  reasonable  and  moderate  punishment  upon  such  disor- 
derly, disobedient,  or  refractory  pauper,  as  he  shall  deem 
proper :  provided  such  punishment  shall  not  be  by  personal 
chastisement,  nor  shall  extend  beyond  solitary  confinement, 
in  some  part  of  the  said  almshouse,  and  feeding  on  bread  and 
water  only,  until  he  or  she  shall  submit  to  perform  the  labour, 
work,  and  service  required  of  him,  or  her,  and  obey,  conform 
to,  and  observe  the  rules  and  regulations  aforesaid,  or  for  such 
term  as  the  said  superintendent  and  commissioners  shall  judge 
proportioned  to  his  or  her  offence :  Provided,  however,  That 
every  such  pauper  who  shall  think  himself  or  herself  aggrieved 
by  the  conduct  of  such  superintendent  towards  him  or  her,  shall 
be  permitted  to  appeal  to  the  board  of  commissioners,  a  ma- 
jority of  whom  shall  be  authorized  to  make  such  order  in  the 
case  as  to  them  shall  appear  just  and  proper. 


Proviso. 


AA'IMALS — iiAciNr.  OP.  25 


A:\i;TlAL,J«}-RACiIVG    OF. 

Revised  Siatutea,  VoL  1.  /».  iM:i. 
ARTICLE  FIFTH. 

OF    THE    RA€lNO    or    AMMALS.* 

55.  Racing,  &c.  of  horses, -Stc.  prohihitnl ;  penalty. 

50.  Duly  ol'  jnil)ljc  orticeni  to  {»ieveiU  i ace.s  and  bind  over  ortt'ndcrS. 

57.  Penalty  for  conlril)Utiii'r  or  coUcdin^'  purse,  &c.  to  be  raced  tor. 

58.  i'eaully  on  owners  of  horsivj,  &Cv  and  on  pereonp  telling. 

§  55.  All  running,  trotting,  or  pacing  of  horses,  or  any  »Arkg,  fec.or 
Other  animals,  lor  any  bet  or  stakes,  m  money,  goods,  or  other  ed; 
valuable  thing,  or  for  any  reward  to  be  given  to  the  owner 
or  rider  of  any  animal  which  shall  excel  in  speed,  excepting 
such  as  are  by  special  laws  for  that  purpose  expressly  allow- 
ed, shall  be  deemed  racing  within  tlie  meaning  of  this  Article, 
and  are  hereby  declared  to  be  connnon  and  public  nuisances 
and  misdemeanors  ;  and  all  parties  concerned  therein,  either       penalty, 
as  authors,  betters,  stakers,  stakeholders,  judges  to  determine 
the  speed  of  the  animals,  riders,  contrivers  or  abettors  thereof, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punish- 
ed by  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment not  exceeding  one  year.  (87) 

§  56.  It  shall  be  the  dutv  of  all  ofTicers  concerned  in  the     r«i)iic officers 

,       .     .  .  .   .         .  "  I  *"  prevent  races 

admnustration  ot  iustice,  to  attend  at  the  iilace  where  they  ami  bind  over 

,.  .  *  -^    oftendere. 

.sliall  know  or  be  informed  that  any  race  is  about  to  be  run  con- 
trary to  the  provisions  of  the  law \  and  there  give  notice  of  the 
illegality  thereof,  and  endeavour  lo  prevent  such  race,  by  dis- 
persing the  persons  collected  for  the  purpose  of  attending  the 

*  An  act  wa.-  j.asseri  March  19,  1802,  3  W.  p.  52,  entitled  "  Ats  art  to  prevent  Horse  Racing 
:!:i(i  for  other  piirposes  therein  mention(?d,"  vvhicli  is  incorporated  in  the  Ki'visinn  of  W\^, 
Vol.  J,  p.  2-22.  That  act  doclarfis  all  hut.s  and  contracts  i:v')n  any  race  void  ;  and  racin?  of 
horse?  a  nuisance  ;  and  the  authors,  abettors  and  stakeliolders,  See.  may  be  proceeded  a;;ainsi 
jind  pijni;lKd  by  fine  and  imprisonment.  The  act  referred  to  afSpears  to  bf;  the  fir:,t  Ic^-i.-'a- 
tivc  act  upon  the  sul)ject.  dnce  the  organization  of  the  present  govenmient,  ;ind  is  repealed 
by  the  repealing  act  of  December  10,  1828.    3  Ucv.  ^.  p.  129,  Xo.  26. 

(:^7)  1  R.  L.  22-:,  (il&LG. 

4 


36  ANIMALS— RACING  of. 

same,  and  by  all  other  ways  and  means  in  their  power.     Upon 
their  own  view  of  any  persons  offending  against  the  provisions 
of  the  preceding  section,  as  well  as  upon  the  testimony  of 
^  others,  such  judges  and  justices  shall  issue  warrants  for  the 

immediate  apprehension  of  the  persons  so  offending,  to  the 
end  that  they  may  be  compelled  to  enter  into  recognizances, 
with  sufficient  sureties  for  their  good  behaviour,  and  for  their 
appearance  at  some  proper  court,  to  answer  for  the  said 
offences.  •' 

Penalty  for  con-      §  57.  Every  Dcrson  who  shall  contribute  or  collect,  or  so- 

tnbuting  or  col-         *  J    r 

labels  fof^*  ^^^^^  ^^y  Other  person  to  contribute  or  collect  any  money, 
goods,  or  things  in  action,  for  the  purpose  of  making  up  a 
purse,  plate,  or  other  valuable  thing,  to  be  raced  for  by  any 
animal  contrary  to  law,  or  to  be  given  to  the  owner  or  rider 
of  any  animal  so  racing  contrary  to  law,  shall  forfeit  twenty- 
five  dollars,  to  be  sued  for  and  recovered  by  and  in  the  name 
of  the  overseers  of  the  poor  of  the  town  where  the  offence 
may  be  committed.  (88) 

Penalty  on  §  58.  The  owncr,  in  the  whole  or  in  part,  of  any  animal 

owners  of  horses,    ,  ,     ,,    ,  ,  ,  i    i       ,  •  •      •  •    • 

&.C.  and  on  per-  that  shall  bc  uscd  or  employed,  by  his  permission  or  privity, 
in  racing  contrary  to  law,  shall  forfeit  the  value  of  the  animal 
so  employed.  Every  person  concerned  in  laying  any  bet  or 
wager  upon  the  event  of  any  illegal  race,  or  in  contributing 
to  the  stakes  to  be  awarded  upon  any  such  event,  shall  forfeit 
the  amount  of  the  bet  or  wager  so  made,  or  of  the  sum  or 
thing  so  contributed.  The  said  forfeitures  may  be  sued  for 
and  recovered  by  the  overseers  of  the  poor  of  the  town 
where  the  offence  may  be  committed. (88) 

(88)  1  Rev.  Laws,  222,  ^  2,  3  &  4. 


APPRENTICES  AND  SERVANTS.  2*7 


OF  MASTERS,  APPRENTICES,  AND  SERVANTS. 

Revised  Statutes,  Vol.  2.  p.  154. 

Art.  1.— Of  apprentices  and  servants  bound  by  indenture. 
Art.  2. — Of  persons  held  in  service. 
Art.  3.— General  provisions. 

ARTICLE  FIRST. 

OF    APPRENTICES    AND    SERVANTS    BOUND    BY    INDENTURE. 

1.  How  and  for  what  term  minors  may  bind  themselves  as  apprentices,  &c. 

2.  By  whom  consent  to  such  binding  to  be  given. 

3.  Consent  how  signified. 

4.  Executors,  in  certain  cases,  may  bind  out  minors. 

5.  Who  may  be  bound  out  by  county  superintendents  of  the  poor. 

C.  Who  may  be  bound  out  by  overseers  of  poor  of  a  town.  ' 

7.  Con.sent  of  a  justice  necessary  to  binding  out  Indian  children. 

8.  Age  of  infants  to  be  inserted  in  indentures. 

9.  3Ioney  paid,  &c.  on  binding  out,  to  be  stated  in  indentures. 

10.  Special  agreement  to  bo  inserted  in  indentures  by  overseers,  &c. 

11.  Duplicates  of  indentures  by  overseers  and  superintendents,  where  to  be  deposited. 

12.  Indentures  by  foreigners  being  minors. 

.  13.  How  to  be  acknowledged  and  certified. 
14.  When  and  how  such  indentures  may  be  assigned. 

§  1.  Every  male  infant,  and  every  unmarried  female  under    who  may  bind 

3  J  ^  J  themselves  as  ap- 

the  age  of  eighteen  years,  with  the  consent  of  the  persons  or  prentices,  &c. 
officers  herein  after  mentioned,  may  of  his  or  her  own  free  will, 
bind  himself  or  herself,  in  writing,  to  serve  as  clerk,  appren- 
tice or  servant  in  any  profession,  trade  or  employment ;  if  a 
male,  until  the  age  of  twenty-one  years,  and  if  a  female,  until  For  what  tenoB. 
the  age  of  eighteen  years,  or  for  any  shorter  term ;  and  such 
binding  shall  be  as  valid  and  effectual,  as  if  such  infant  was 
of  full  age,  at  the  time  of  making  such  engagement.  (19) 

§  2.  Such  consent  shall  be  given.  who  to  con.sent 

1.  By  the  father  of  the  infant.     If  he  be  dead,  or  be  not  in  a  ***^"*^''  *"  '"^' 
legal  capacity  to  give  his  consent,  or  if  he  shall  have  abandon- 
ed and  neglected  to  provide  for  his  family,  and  such  fact  be 
certified  by  a  justice  of  the  peace  of  the  town,  and  endorsed 
on  the  indenture,  then, 

(19)1R.L.  p.  135,  ^2,  4&14. 


28  APPRENTICES  AND  SERVANTS. 

2.  By  the  mother.  If  the  mother  be  dead,  or  be  not  in  a 
legal  capacity  to  give  such  consent,  or  refuse,  then, 

3.  By  the  guardian  of  such  iniix^n  duly  appointed.  If  such 
infant  have  no  parent  living,  or  none  in  a  legal  capacity  to 
give  consent,  and  there  be  no  guardian,  then, 

4.  By  the  overseers  of  the  poor,  or  any  two  justices  of 
the  peace  of  the  town,  or  any  judge  of  the  county  courts  of 
the  county,  where  such  infant  shall  reside. (10) 

Consent  to  be  in      §  3.  Such  couscut  shall  bc  signilicd  in  writiniji-,  by  the  per- 

writing,  &c.  •   i      i  •  i  -,  •  <>  i '  i        r 

son  entitled  to  give  the  same,  by  a  c-ortincate  at  tlie  end  oi, 
or  endorsed  upon,  the  indentures,  and  not  otlierwise.(19) 

whon  executors      §  4.  The  cxecutors  of  auY  last  will  of  a  father,  who  shall 

rnay  bind  out  mi-  ,         ,,  ,   ,  ,         .,,  '  .  i       i  •,  i  i 

nors.  be  directed  in  such  will  to  bring  up  such  chud  to  some  trade 

or  calling,  may  bind  his  child  to  service,  as  a  clerk  or  ap- 
prentice, in  like  manner  as  the  father  might  have  done,  if 
living.(19) 

When  county  su-      §  5.  Tlic  couutv  Superintendents  of  the  poor,  of  the  seve- 

porintendfnts  .  \  •      i  ,  .,  i  i  i  i 

ral  counties,  may  bind  out  any  child,  under  the  ages  above 
specified,  w^ho  shall  be  sent  to  any  county  poorhouse,  or  who 
is  or  shall  become  chargeable,  or  whose  parent  or  parents  are 
or  shall  become  chargeable  to  such  county,  to  be  clerks,  ap- 
prentices or  servants,  until  such  childf  if  a  male,  shall  be 
twenty-one  years  old,  or  if  a  female,  shall  be  eighteen  years 
old;  which  binding  shall  be  as  effectual,  as  if  such  child  had 
bound  himself  v/ith  the  consent  of  the  father. pO) 

whpn  ovcrsoera      §  0.  Thc  oversecrs  of  the  poor  of  any  town  or  city,  may, 
'"^  ^'  in  like  manner,  bind  out  any  such  child,  who,  or  whose  pa- 

rent or  parents,  shall  become  chargeable  to  such  town  or  city, 
or  who  shall  have  been  sent  to  any  poorhouse,  other  than  a 
county  poorhouse,  with  the  consent  in  writing,  of  any  two 
justices  of  the  peace  of  the  tow^n,  or  of  tlie  mayor,  recorder 
and  aldermen  of  any  city,  or  of  any  two  of  them. (21) 

Indian  ciiiidren.  §  7.  No  child  of  an  Indian  woman  shall  be  bound  as  an  ap- 
prentice, under  thc  provisions  of  this  Title,  except  in  the 
presence  and  wdth  the  consent  of  a  justice  of  the  peace  ;  a 
certificate  of  which  consent  signed  by  the  justice,  shall  be 

(19)  I  R.  L.  1).  13.-),  <^  2,  4  fc  11.     (2(j)  Laws  ol'  1S'2G,  p.  21X).     (21)  1  R.  L.  p.  135,  ^  2,  4  &  14. 


ly  bind  out  in 
lantB. 


APPRENTICES  AND  SERVANTS.  29 

filed  with  ihii  clerk  of  the  town  in  which  the  indcntiu'C  of  ap- 
l)reiiticeship  shall  be  executed. (21) 

§  8.  The  age  of  every  infant  so  bound,  shall  be  inserted  '!^rxnLnId^!x%\" 
in  the  indentures,  and  shall  be  taken  to  be  the  true  age,  with- 
out further  proof  thereof;  and  wdienever  any  public  officers 
are  authorized  to  execute  any  indentures,  or  their  consent 
is  required  to  the  validity  of  the  same,  it  shall  be  their  duty 
to  inform  themselves  fully  of  the  infant's  age. (22) 

§  9.  Every  sum  of  money  paid  or  agreed  for,  with,  or  in  jionoy  pni.i,  tc. 
relation  to,  the  binding  out  of  any  clerk  or  apprentice,  shall 
be  inserted  in  the  indentures. (22) 

§  10.  Whenever  anv  child  shall  be  bound  out  bv  the  count v  Spociai  apree- 

•  "  '  '     iiitiit  to  Ix' irisert- 

su})ermtcndents  oi  the  poor  oi  any  county,  or  by  the  over-  cd  in  certain 
seers  of  the  poor  of  any  city  or  town,  the  indentures  shall 
contain  an  agreement  on  the  part  of  the  person  to  whom 
such  child  shall  be  bound,  that  he  will  cause  such  child  to  be- 
instructed  to  read  and  write,  and  if  a  male,  will  cause  him 
to  be  instructed  in  the  general  rules  of  arithmetic  ;  and  every 
such  indenture  shall  also  contain  an  agreement,  that  the  mas- 
ter will  give  to  such  apprentice,  at  the  expiration  of  his  or 
her  service,  a  new  bible. (22) 

§  11.  The  counterpart  of  an^'  indentures  executed  by  the  retain  inrfpn- 

'    ^        1       J         r    1         "  1      11  1        1  ,  ,  .       tJircs,  whore  to 

county  supermtendents  ol  the  poor,  shall  be  by  thcAu  deposit-  be  deposited. 
ed  in  the  office  of  the  clerk  of  the  county;  and  the  counter- 
part of  such  indentures  executed  by  any  overseers  of  the 
p(XH',  shall  be  by  them  deposited  in  the  office  of  tlic  clerk  of 
their  city  or  town. (23) 

§  12.  Any  person  coming  from  any  foreic^n  country  be-  in.irnfurrpby 

,  *         1  •      1   1  •  1  -  foieijru.'is  b»  ing 

yond  sea,  may  bmd  hnnsed  to  service,  if  an  infant,  until  he  "'•"»"'• 
attain  the  age  of  twenty-one  years,  or  for  a  shorter  term. 
Such  contract  of  service,  if  made  for  the  purpose  of  raising 
money  to  pay  his  passage,  or  for  the  payment  of  such  passjage, 
may  be  for  the  term  of  one  year,  although  such  term  may  ex- 
tend beyond  the  time  when  such  person  will  be  of  full  age  ; 
but  shall  in  no  case  be  for  a  longer  term.  (24) 

(21)  1  II.  L.  p.  ir,,  sor.  2,  4  Sc  J-l.        (o-)  lb.  sec.  5,  G  &c  7.       (23)  11,,  p.  l^C,  .-...c.  4,  I.aus  of 
18-30,  p.  290.       (24)  1IM<.  p.  137,  sec.  H. 


30  APPRENTICES  AND  SERVANTS. 

iSge*d,&J"°''"  ^  1^-  ^"o  contract  made  under  the  last  section  shall  bmd 
the  servant,  unless  it  be  acknowledged  by  him  before  some 
mayor,  recorder,  or  alderman  of  a  city,  or  bjefore  some  jus- 
tice of  the  peace  ;  nor,  unless  a  certificate  of  such  acknow- 
ledgment, and  that  the  same  w^as  made  freely,  on  a  private 
examination,  be  endorsed  upon  such  contract.  (24.) 

How  assigned.  §  14.  The  Contracts  specified  in  the  two  last  sections,  may 
be  assigned  by  the  master,  by  an  instrument  in  writing  en- 
dorsed thereon,  executed  in  the  presence  of  two  witnesses  ; 
if  such  assignment  be  approved  of,  in  writing,  by  any  magis- 
trate mentioned  in  the  preceding  section,  and  such  approba- 
tion shall  be  also  endorsed  on  the  contract. (24.)* 


ARTICLE  SECOND. 


OF  PERSONS  HELD  IN  SERVICE. 

la.  Certain  persons  born  of  slaves,  to  be  servants  ;  how  Ion?. 

1(5.  If  born  Avitliin  certain  periods-,  to  be  servants  only  until  iwcnty-one. 

17.  Master  to  in.^truct  surli  .servants  ;  etfect  of  neglect. 

18.  Certain  affidavit  to  be  tiled  to  entitle  to  service. 

in.  When  ser.  ant  released,  to  be  bound  out  by  overseers  of  the  poor. 

20.  Slaves  nf  certain  emigrants  to  be  servant*  ;  how  long. 

21.  Allidavit  to  be  filed  to  entitle  to  such  service. 

22.  Such  servants  to  be  instructed. 

21!.  I  pon  such  servant.s  beinji  released,  how  bound  out. 

21.  Penalty  for  trading,  &-c.  with  certain  servants. 

25.  Penalty  for  employing,  concealing,  &c.  such  servants. 

Certain  children      §  15.  Evcrv  cliild  bom  in  tliis  statc  previous  to  the  tliirtv- 

of   slaves  to    be     ,  r    a  r         i  • 

eervants.  first  day  of  March,  one  thousand  eight  hundred  and  seven- 

(24)  1  R.  L.  p.  137,  section  8. 

*  By  an  act  passed  Cth  February,  1788,  2  Greenleaf,  p.  26,  entitled  "An  act  concerning 
Apprentices  and  Servants,"  it  is  enacted,  that  the  overseers  of  the  poor,  with  consent  of  the 
justices,  may  bind  poor  children  apprentices,  but  no  infant  to  be  bound  longer  than  the  pe- 
riod at  which  he  shall  arrive  at  21  years  of  age,  except  such  as  are  or  shall  be  bound  in  order 
to  raise  money  for  the  |)aymeut  of  their  passages,  who  may  be  bound  until  of  twenty-four 
years,  provided  the  term  of  such  service  shall  not  exceed  four  years  in  the  whole.  By  this 
act  two  ju.stices  may  ;  unish  apprentices  for  misbehaviour,  aird  three  justices  may  discliargc 
in  cases  where  no  money  was  paid  upon  the  binding  of  apprentices.  And  by  the  act  for  the 
settlement  of  the  \Mor,  passed  7th  March,  1788,  2  Greenleaf,  p.  i33,  §  28,  it  is  declared,  that 
in  all  contracts  by  overseers  of  tlie  poor  for  binding  out  poor  children  a  clause  shall  be  in- 
serted, that  the  master  shall  cause  such  child  to  be  taiiglit  to  read  and  write  ;  and  overseers 
of  the  poor  are  declared  to  be  guardians  of  such  children.  The  act  concerning  apprentices 
and  servants,  before  referred  to,  is  revised  by  Mi.'ssrs.  Kent  and  Rad.  vol.  1,  p.  180,  and  that 
revised  act  is  adopted  by  the  revisors  of  the  laws  of  1813,  .>«ee  vol.  1,  p.  1.35.  The  act  is  re- 
pealed by  t!i  •  act  of  Dec.  10,  1828,  Rev.  St.  vol.  3,  ]».  12i),  ]Vo.  43.  The  ri,ghts  and  duties  of 
masters  and  apprentices  wore  early  subjects  of  legislation,  a.s  may  be  seen  by  refcr-.nce  to 
v.  S.  vol  I,  p^43  :  vol.  2,  'JTo.  185.  Jones  &  Varick,  vol.  2,  p  TJ2.  311. 


APPRENTICES  AND  SERVANTS. 

teen,  of  a  person  then  held  in  slavery  therein,  shall  remain 

the  servant  of  the  owner  of  the  mother  of  such  child,  and  of 

the  personal  representatives  and  assignees  of  such  owner,  in 

the  same  manner  as  if  such  child  had  been  bound  to  service 

by  the  overseers  of  the  poor  of  any  city  or  town,  pursuant 

to  law,  and  shall  continue  in  such  service,  if  a  male,  until  the  For  what 

age  of  twenty-eight  years,  and  if  a  female,  until  the  age  of 

twenty-five  years. (25) 

§  16.  Every  such  child  born  after  the  date  in  the  last  sec-  vijf  "of **  em'S'ii 
tion  specified,  and  before  the  fourth  day  of  July,  one  thou-  ^"'^''  «h«wren- 
sand  eight  hundred  and  twenty-seven,  shall  remain  a  servant 
as  aforesaid,  until  such  child  shall  arrive  at  the  age  of  twenty- 
one  years,  and  no  longer.  (25) 

§  17.  Every  person  entitled  to  the  services  of  a  child,  pur-  ^°jj'g^^7*y '  *" 
suant  to  either  of  the  two  last  preceding  sections,  shall  cause 
such  child  to  be  taught  to  read  and  write,  or  shall  furnish  at 
least  two  years'  schooling  to  such  child  ;  and  if  this  provision  Effect  of  neglect, 
be  neglected,  the  child  is  entitled,  on  arriving  at  the  age  of 
eighteen  years,  to  be  released  from  all  obligations  of  service 
to  such  person.  (26) 

§  18.  Eveiy  such  child  is  also  entitled  to  be  released  from  Ar.iavit  to  be 
all  obligations  of  service,  on  arriving  at  the  age  of  eighteen 
years,  unless  within  one  year  after  the  birth  of  such  child,  the 
person  then  claiming  such  services  shall  have  filed  with  the 
clerk  of  the  town  or  city  whereof  he  is  an  inhabitant,  an  affi- 
davit in  writing,  containing  the  name  and  addition  of  such 
person,  and  the  name,  age,  and  sex  of  the  child  so  born. (26) 

§  19.  Whenever  any  such  child  shall  be  released  from  ser-    ^v^on  to  be 

^   ,         .  ,  ^    ,  ,  .  bound   out  by 

Vice,  pursuant  to  either  of  the  two  last  sections,  the  overseers  overseen, 
of  the  poor  of  the  city  or  town  where  such  child  resides, 
shall  forthwith  bind  out  such  child  to  service  until  the  age  of 
twenty-one  years,  in  the  same  manner,  and  with  the  like 
eflfect,  as  in  the  case  of  children  chargeable  to  such  town. (26) 

§  20.  Every  person  born  since  the  fourth  day  of  July,  one  Certain  8iave«  of 
thousand  seven  hundred  and  ninety-nine,  and  brought  into  seJvai*te  * 

(Q5)  Laws  of  1?17,  p.  136,  $  4,  5, 6.  (26)  Laws  of  1617,  p.  136,  $  4,  5,  6. 


32  APPRENTICES. AND  SERVANTS. 

this  state  as  a  slave,  prior  to  the  thirty-first  day  of  March, 
one  thousand  eight  hundred  and  seventeen,  hy  a  person  com- 
ing to  reside  permanently  therehi,  is  free ;  but  shall  remain 
the  servant  of  the  emigrant  entitled  to  the  services  of  such 
How  long.  person,  and  of  his  personal  representatives;  if  a  male,  until 
the  age  of  twenty-eight  years,  and  if  a  female,  until  the  age 
of  twenty-five  years,  in  the  same  manner  as  if  such  person 
had  been  bound  to  service  by  the  overseers  of  the  poor  of"  a 
town,  in  the  cases  authorized  by  law. (27) 

Affidavit  to  be       §  21.  Evcrv  such  Dcrsou  is  entitled  to  be  released  from  all 
filed.  1  i-        •  *^  . 

obligations  of  service,  on  arriving  at  the  age  of  eighteen 

years,  unless  the  emigrant  claiming  such  services,  Avithin 
six  mrnilhs  after  arriving  within  this  state,  shall  have  filed 
with  the  clerk  of  the  city  or  town  in  which  he  then  re- 
sided, his  affidavit,  containing  his  name  and  addition,  and 
the  name,  age,  and  sex  of  the  person,  whose  services  are 
claimed.  (27) 

flufhFcrTantsto      ^  oo^  Evorv  such  i)crson  is  also  entitled  to  be  released 

be  instructed.  '  J  l 

from  all  (obligations  of  service,  on  arriving  at  the  age  of 
twenty-one  years,  unless  such  emigrant,  or  his  personal  rc- 
])rescnlatives,  shall  have  used  all  reasonable  means  to  teach 
such  i)erson  to  read,  and  shall  also  have  furnished  him  with 
at  least  one  year's  schooling.  (27) 

bourlirolu  X        ^  '^^-  ^^^  ^^^y  ^^^^^  person  being  released  from  service,  un- 

<m'rscor8oftiu!  ^^^^^,  cither  of  the  two  last  sections,  the  overseers  of  the  poor 

of  the  city  or  town  shall  bind  him  out  to  service,  until  the  age 

of  twenty-one  years,  in  the  manner  and  with  the  effect  herein 

before  provided.  (27) 

^nain^'Srvani^  §  ^1*  N"o  pcrsou  sliall  trade  or  traffic,  either  in  buying  or 
proJuiuted.  selling,  ^vith  any  servant  held  to  service,  in  consecpience  of 
being  born  of  a  mother  held  in  slavery,  without  the  consent 
of  tlie  master  of  such  servant.  Every  contract  made  in  vio- 
Penaity.  latiou  of  tliis  provisiou,  shall  be  void  ;  and  the  person  offend- 
ing shall  forfeit  three  times  the  value  of  the  articles  bought 
or  sold,  and  the  sum  of  ten  dollars  in  addition,  to  be  sued  for 
an-d  recovered  by  the  master  of  such  servant. (28) 

^2'.)  lb.  p.  141,  v>  IC  ic  17.  {=28 J  Lavvc  of  1817,  p.  141,  V  -2  ^  23. 


Apprentices  and  servants.  as 

§  25.  No  person  shall  harbour, employ, conceal, or  entertain  ZmSig,il.^"' 
any  such  servant  specified  in  the  preceding  section,  knowing 
him  to  be  such  servant,  without  the  consent  of  his  master. 
Whoever  shall  offend  against  this'  provision,  shall  forfeit  ten 
dollars  for  every  twenty-four  hours,  and  in  that  proportion 
for  a  greater  or  less  time,  during  w^hicli  such  servant  shall 
have  been  harboured,  employed,  concealed,  or  entertained, 
but  not  to  exceed  the  value  of  the  remaining  term  of  service 
of  such  servant,  to  which  the  master  shall  be  entitled.  Tliis 
penalty  may  be  sued  for  and  recovered  by  the  master  of  such 
servant.*  (28) 

*  That  spirit  of  benevolence  and  philanthropy  which  is  so  active  at  the  present  day 
throughout  the  Christian  world,  has  induced  our  legislature  to  enact  sundry  laws  for  the  gra- 
dual abolition  and  final  extirpation  of  slavery.  The  first  act  to  be  found  in  our  statute  book 
was  passed  March  29, 1799,  '22  Session,  chap.  22,  Lor.  And.  p.721.  That  act  declares  that  any 
child  born  of  a  slave  after  the  4th  of  July  of  that  year  shall  be  deemed  to  be  born  free,  with  a 
proviso,  that  such  child  shall  continue  a  servant,  if  a  niale,  until  lie  shall  arrive  at  the  age  of 
twenty-eight  years,  and  if  a  female,  until  she  shall  arrive  at  the  age  of  twenty-five  years.  In 
order  to  entitle  the  master  to  this  service,  he  must  file  a  certificate  with  the  clerk  of  the  city 
or  town  where  he  resides,  within  nine  months  after  the  birth  of  the  child,  or  he  may  elect  to 
abandon  the  child,  in  which  case  provision  is  made  for  its  support  until  it  shall  have  arrived 
at  an  age  proper  to  be  bound  out  by  the  overseers  of  the  poor.  The  substance  of  this  act  is 
incorporated  in  the  Revision  of  Kent  and  Rati.  vol.  1,  p.  612,  and  new  provisions  made  in  fa- 
vour of  the  gradual  abolition  of  slavery.  This  act  imposes  restraints  upon  bringing  slaves  in 
the  state,  or  selling  or  transferring  slaves  brought  in  the  state,  or  exporting  slaves  out  of  the 
state,  and  inflicts  penalties  upon  masters  of  vessels  receiving  slaves  on  board  for  exportation. 
This  act  was  amended  by  an  act  passed  Mar.  2Gth,  1802,  W.  vol.  3,  p.  51,  and  by  an  act  passed 
March  31,  1804,  W.  vol.  3,  p.  479.  And  by  an  act,  March  31, 1807,  5  VV.  p.  94,  further  restraints 
were  imposed  against  taking  slaves  out  of  the  state,  and  slaves  for  a  term  of  years  were  pro- 
hibited from  being  taken  in  any  case  out  of  the  state.  And  by  an  act  passed  February  17, 
1809,  5  W.  p.  450,  slaves  are  capable  of  taking  by  devise,  descent,  or  otherwise,  all  estates 
real  and  personal,  in  the  same  manner  as  if  they  had  been  born  free,  and  that  all  marriages 
contracted  where  one  of  the  parties  was  a  slave  shall  be  deemed  legitimate.  These  several 
acts  are  revised  in  the  Revision  of  1813,  vol.  2,  p.  201,  and  some  new  provisions  made  in  fa- 
vour of  a  gradual  abolition  of  slavery.  This  was  followed  by  the  act  of  March  31, 1817,  vol. 
■4,  p,  136,  which  repeals  the  act  of  February  25,  1813,  and  is  incorporat*^d  in  tbe  above  aet. 
<«)  Laws  of  1^17,  p.  141,  section  22,  03. 


34  APPRENTICES  AND  SERVANTS. 


ARTICLE  THIRD. 


GENERAL    PROVISIONS. 

26.  Indentures,  &c.  invalid,  unless  made  as  herein  prescribed. 

27.  County  superintendents  and  overseers  to  be  guardians  of  servants- 

28.  Penalt}'  on  apprentices,  &c.  absenting  tliemselves  from  service. 

29.  Proceedings  to  compel  apprentices,  &c.  to  serve. 

30.  For  misbehaviour  may  be  brought  before  two  justices,  ice. 

31.  Justices,  etc.  to  imprison  offender,  or  discharge  him  from  service. 

32.  How  apprentices,  etc.  may  be  discharged  for  misconduct  of  masters. 

33.  Last  five  sections  not  to  extend  to  certain  apprentices. 

34.  35,  36.  Proceedings  for  misconduct  of  master,  when  money  was  paid,  etc.  on  bind- 

ing out 
37,  38.  Proceedings  in  like  esses  for  misbehaviour  of  apprentices,  etc. 

39.  Journeymen  and  apprentices  not  to  be  restrained  in  using  their  trade,  etc. 

40.  Penalties  for  violating  last  section. 

41.  Certain  indentures  may  be  assigned  by  executors,  with  consent  of  apprentices. 

42.  If  consent  refused,  general  sessions  may  order  assignment. 

43.  This  Title  to  apply  to  female  mistresses,  etc.  as  well  as  males. 

^"vTd"'^**'^^^'^  §  26.  No  indenture  or  contract  for  the  service  of  any  ap- 
prentice shall  be  valid  as  against  the  person  whose  services 
may  be  claimed,  unless  made  in  the  manner  before  prescribed 
in  this  Title.  (29) 

int^ndelfts'^and      ^  ^^'  '^^^  couuty  Superintendents  of  the  poor,  and  the  over- 

euarSns  of  se^r-  sGcrs  of  the  poor  of  the  rcspcctive  cities  or  towns,  shall  be 

vants.  ^\^Q  guardians  of  every  person  bound  or  held  in  service,  in 

their  respective  cities  or  towns,  to  take  care  that  the  terms 

of  the  contract  of  service  be  fulfilled,  and  that  such  person 


Their  duties  as 
such. 


be  properly  used ;  and  it  is  hereby  made  their,  special  duty 
to  inquire  into  the  treatment  of  every  such  person,  and  re- 
dress any  grievance  in  the  manner  prescribed  by  law.  (29) 

pSS,^&;c*'''      §  2®-  If  any  person  lawfully  bound  to  service  under  either 

sli'ilTs^inh™'-  of  the  preceding  Articles  of  this  Title,  shall  wilfully  absent 

^*^^'  ,  himself  from  such  service  without  the  leave  of  his  master,  he 

shall  be  compelled  to  serve  double  the  time  of  such  absence, 

unless  he  shall  otherwise  make  satisfaction  for  the  loss  and 

injury  sustained  by  such  absence  ;  but  such  additional  term 

(29)  1  R.  L.  p.  137,  $  5,  6, 7,  10, 11  &  12. 


APPRENTICES  AND  SERVANTS.  35 

of  service  shall  not  extend  beyond  three  years,  next  after  the 
end  of  the  original  term  of  service.  (30) 


§  29.  If  any  such  person  shall  refuse  to  serve  according  to  jjJPP'^JJj^p^fed 
the  provisions  of  this  Title,  or  the  terais  of  his  contract  or  in-  to  serve. 
dentures,  his  master  may  apply  to  any  justice  of  the  peace  of 
the  county,  or  to  the  mayor,  recorder,  or  any  alderman  of  the 
city,  where  he  shall  reside,  who  shall  be  authorized  by  war- 
rant or  otherwise,  to  send  for  the  person  so  refusing,  and  if 
such  refusal  be  persisted  in,  to  commit  such  person,  by  w^ar- 
rant,  to  the  bridewell,  house  of  correction,  or  common  jail  of 
the  city  or  county,  there  to  remain  until  such  person  will  con- 
sent to  serve  according  to  law.  (30) 

§  30.  On  complaint  beinff  made  on  oath,  by  any  master.    Proceedings 

^  ^  o  '      .7  J  '  against,  tor  im»- 

touching  any  misdemeanor  or  ill  behaviour  of  any  such  per-  behaviour, 
son,  to  any  two  justices  of  the  peace  of  the  county,  or  to  the 
mayor,  recorder,  and  aldermen  of  any  city,  or  any  two  of 
them,  it  shall  be  their  duty  to  cause  the  person  complained 
of  to  be  brought  before  them,  and  to  hear,  examine,  and  de- 
termine the  complaint. 

§  31.  If  the  complaint  appear  to  be  well  founded,  the  said  offender  may  be 
officers  mav,  by  warrant,  commit  the  offender  to  the  house  of  discharged  from 

''  ,  .    .,      ^    ,  -.  service. 

correction,  or  to  the  common  jail  oi  the  county,  lor  any  term 
not  exceeding  one  month,  there  to  be  employed  in  hard  la- 
bour, and  to  be  confined  in  a  room  with  no  other  person ;  or 
they  may,  by  a  certificate  under  their  hands,  discharge  the 
offender  from  his  service,  and  the  master  from  all  obligations 
to  such  offender.  (30) 


discharged. 


§  32.  If  any  master  shall  be  guilty  of  any  cruelty,  misusage,  Misconduct  of 
refusal  of  necessary  provisions  or  clothing,  or  any  other  vio-  SSf&c^may'be 
lation  of  the  provisions  of  this  Title,  or  of  the  terms  of  the  in- 
denture or  contract,  towards  any  such  person  so  bound  to 
service,  such  person  may  make  complaint  to  any  two  of  the 
officers  specified  in  the  preceding  thirtieth  section,  who  shall 
summon  the  parties  before  them,  and  examine  into,  hear  and 
determine  the  complaint,  and  by  certificate  under  their  hands, 
discharge  such  person  from  his  obligation  of  service.  (30) 

(.30)  1  R.  L.  p.  137,  ^  5,  6,  7,  10, 11,  IS. 


86  APPRENTICES  AND  SERVANTS. 

ia^"five  sS.^^  §  33-  The  preceding  five  sections  shall  not  extend  to  any 
apprentice  whose  master  or  mistress  shall  have  received,  or 
shall  be  entitled  to  receive,  any  sum  of  money  with  liim,  as  a 
compensation  for  his  instruction.  (30) 

paid,&c.orS  §  34.  In  cases  where  money  was  paid,  or  agreed  to  be  paid, 
fofm&SucTof  on  the  binding  out  of  any  clerk  or  apprentice,  the  like  corn- 
master,  plaint  may  be  made  by  any  person  so  bound  to  service,  to 
any  justice  of  the  peace  of  the  county,  or  any  mayor,  recorder, 
or  alderman  of  the  city,  in  which  he  shall  reside,  who  shall 
inquire  into  the  matter,  and  make  such  order  and  direction 
between  the  master  and  the  person  bound  to  service,  as  the 
equity  of  the  case  may  require. 

ern'r^'^inTo^'cot  §  35.  If  the  diiBculty  cannot  be  compounded  or  reconciled, 
a^gSaiT^*'^  such  officer  shall  take  a  recognizance  from  the  master  for  his 
'°^''  appearance  at  the  next  court  of  general  sessions  of  the  peace 

of  such  county,  in  such  sum  and  with  such  sureties  as  he  shall 

approve. 

rlu*^88TonB.^*"*'  5  36.  Upon  a  hearing  of  the  parties,  the  court  may  discharge 
the  person  so  bound  to  service  from  his  obligation,  by  a  rule 
to  be  entered  in  their  minutes ;  and  may  order  any  sum  of 
money  that  shall  have  been  paid  or  agreed  for  on  the  binding 
out  of  such  person,  or  any  part  thereof,  to  be  refunded,  if  paid, 
to  him  who  advanced  the  same,  or  his  personal  representa- 
tives ;  and  if  not  paid,  they  may,  by  order,  discharge  the 
same,  and  direct  any  securities  that  may  have  been  given 
therefor,  to  be  delivered  up  or  cancelled.  (31) 

Proceedinzs  in      ^  37^  'pj^g  mastcr  of  any  person  so  bound  to  service,  where 

liKe  caECB  by  mas-         ^  •    1  ' 

**'•  any  money  was  paid  or  agreed  to  be  paid,  on  such  binding 

out,  may,  in  the  same  manner,  make  complaint  of  the  misbe- 
haviour of  any  such  person  to  any  such  officer,  who  shall 
proceed  in  the  same  manner  to  inquire  into  the  same ;  and 
he  may  take  a  recognizance  from  the  person  bound  to  service 
for  his  appearance  at  the  next  court  of  general  sessions. 

Powers  of  gen*-      ^  38.  The  court  may  in  like  manner  discharge  such  person 
*uch  cates,         fj-Qni  scrvicc,  and  order  the  refunding  of  any  money  so  paid 

CSO)  I  R.  L.  p,  137,  $  5,  fi,  7, 10,  U,  15.  (31)  1  R.  L.  p.  138,  ^ftc.  9. 


APPRENTICES  AND  SERVANTS.  87 

or  agreed  to  be  paid,  and  the  cancelling  of  any  securities ; 
and  may  punish  such  person  by  fine  or  imprisonment,  or  both, 
as  for  a  misdemeanor.  (31) 

§  39.  No  person  shall  accept  from  any  journeyman  or  ap-  ^""/"n^JJJJ"  "^ 
prentice,  any  contract  or  agreement,  nor  cause  him  to  be  [«  ^Isi^'^^'^l^ei 
bound  by  oath  or  otherwise,  that  after  his  term  of  service  ^^*<*^'  *^«- 
expired,  such  journeyman  or  apprentice  shall  not  set  up  his 
trade,  profession,  or  employment,  in  any  particular  place, 
shop,  house,  or  cellar ;  nor  shall  any  person  exact  from  any 
journeyman  or  apprentice,  after  his  term  of  service  expired, 
any  money  or  other  thing,  for  using  and  exercising  his  trade, 
profession,  or  employment,  in  any  place.  (32) 

§  40.  Every  security  given  contrary  to  the  provisions  con-  renaiue*. 
tained  in  the  last  section  shall  be  void ;  any  money  paid,  or 
valuable  thing  delivered,  for  the  consideration,  in  part  or  in 
whole,  of  any  such  agreement  or  exaction,  may  be  recovered 
back  by  the  person  paying  the  same,  with  interest ;  and 
every  person  accepting  such  agreement,  causing  such  obli- 
gation to  be  entered  into,  or  exacting  money  or  other  thing 
as  aforesaid,  shall  forfeit  one  hundred  dollars  to  the  appren- 
tice or  journeyman  from  whom  the  same  shall  have  been  re- 
ceived. (32) 

§  41.  Upon  the  death  of  any  master,  to  whom  any  person  a^^'/n  cenaiJTh^^ 
may  have  been  bound  to  service,  as  clerk,  apprentice,  or  eonienr&c!"^ 
otherwise,  by  the  county  superintendents  of  the  poor,  or  by 
the  overseers  of  the  poor,  the  executors  or  administrators  of 
such  master  may,  with  the  consent  of  the  person  bound  to 
service,  signified  in  writing,  and  acknowledged  before  a  jus- 
tice of  the  peace,  assign  a  contract  of  such  service  to  any 
other  person,  which  assignment  shall  vest  in  such  assignee 
all  the  rights  of  the  original  master,  and  render  him  subject 
to  all  his  obligations. 

§  42.  If  the  person  so  bound  to  service  refuse  to  give  such  rl{*'^'g"siong"\} 
consent,  such  assignment  may  be  made  under  the  sanction  of  <^°"'"^"* '■^''"**^- 
an  order  of  the  court  of  general  sessions  of  the  peace,  after 
fourteen  days'  notice  of  an  application  to  that  effect,  served 

(HI)  I  R.  L.  p.  138,  sec.  9.  (31»)  lb.  p.  IS."),  sec.  1, 


88  ASSISTANT  JUSTICES. 

on  the  apprentice,  his  parent  or  guardian,  if  there  be  any  in 
the  county,  and  when  so  made,  such  assignment  shall  be  as 
valid  and  effectual  as  if  such  consent  had  been  given  in  man- 
ner aforesaid. 


^J'&Z  fe-^  §  43.  The  provisions  of  this  Title  shall  apply  as  well  to 
mistresses,  female  guardians,  apprentices  and  wards,  respec- 
tively, as  to  masters^  male  guardians,  apprentices  and  wards. 


this 
males. 


A§j§iistaiit  Justices.  — Appomtuneiit  of,  &c.* 

Revised  Statutes,  Vol  2.  P.  224. 


1.  Authorized  and  required  to  hold  a  court. 

2.  Must  be  held  in  the  manner  specially  provided  by  law. 

3.  Appointment  of. 

1.  §  2.  Each  of  the  assistant  justices  of  the  city  of  New- 
York  is  authorized  and  required  to  hold  a  court  within  the 
ward  or  wards  for  which  he  may  be  appointed. 

*  Courts  of  Justices  of  the  peace  and  assistant  justices  have  undervi^ent  various  altera- 
tions and  mutations  as  it  respects  the  City  of  New- York,  as  the  various  acts  passed  upon 
the  subject  will  abundantly  prove.  Perhaps  there  are  few  subjects  of  Legislation,  which 
ara  met  with  so  many  obstacles  as  those  efforts  which  are  made  to  settle  upon  any  thing 
like  a  permanent  basis,  courts  for  the  trial  of  small  causes.  By  the  20th  section  of  an  act 
entitled  "  an  act  for  the  more  speedy  recovery  of  debts  to  the  Value  often  pounds,"  passed 
April  17,  1787,  Greenlcaf,  Vol.  1,  p.  445,  it  is  enacted  that  the  person  administering  the 
government,  by  and  with  the  advice  and  consent  of  the  Council  of  Appointment,  may  ap- 
point so  many  persons  in  the  City  of  New- York  as  they  may  think  necessary,  by  the  name 
of  Assistant  Justices,  who  are  invested  by  the  act  with  the  same  powers  as  justices  of  the 
peace  in  the  counties  of  this  state  under  the  said  act.  The  above  act  was  amended  and 
explained  by  the  act  of  21st  February,  1791,  Greenleaf,  Vol.  2,  p.  345,  which  declares  that 
doubts  having  arisen,  whether  the  Aldermen  of  the  City  of  New- York  being  justices  of  the 
peace  by  virtue  of  the  Charter,  had  power  under  the  said  act  to  try,  hear  and  determ.ine 
causes,  the  second  and  third  section  declares,  that  it  sliall  not  be  lawful  for  the  Aldermen 
of  the  said  city  to  try,  he.ir  and  determine  causes  under  and  by  virtue  of  the  said  act.  From 
this  period  to  the  16th  February,  1797,  the  jurisdiction  under  the  act  for  the  more  speedy  re- 
covery of  debts  under  ten  pounds,  was  exercised  by  these  assistant  justices. 

By  an  act  for  the  recovery  of  debts  and  demands  to  the  va!ue  of  ten  pounds  in  the  City  of 
New-York,  passed  ICth  February  1797,  Greenleaf,  Vol.  3,  p.  372,  an  entire  new  provision 
was  made.  The  preamble  to  that  act  recites,  whereas  the  appointing  assistant  justices  to 
hear,  try  and  determine  causes  in  the  City  and  County  of  New  York,  by  virtue  of  the  act, 
entitled  "an  act  for  the  more  speedy  recovery  of  debts  to  the  value  of  ten  pounds,"  has  n-ot 
"  been  attended  with  all  the  benefits  thereby  intended,  and  it  is  conceived  a  better  mode  can 
he  adopted  in  the  City  of  New-York  for  the  recovery  of  de,bts  and  demands  not  exceeding 
te»  pounds.  The  act  then  authorizes  and  directs  the  appointment  of  Justices  of  the  Peace, 
in  and  for  the  City  and  County  of  New- York,  with  full  power  under  the  act  entitled  "an 
act  for  the  more  speedy  recovery  of  debts  to  the  value  often  pounds,  and  actions  and  infor- 
mations for  penalties  to  the  amount  of  ten  pounds,  and  authorizes  and  requires  them  to  hold 
a  court  at  the  City  Hall,  where  two  of  them  shall  sit  in  rotation  ;  the  first  and  second  person 
named  in  the  commission  shall  attend  and  hold  the  said  court  tlie  first  week,  and  the  third 


ASSISTANT  JUSTICES.  39 

2.  §  5.  The  several  courts  enumerated  in  this  Title  shall  re- 
spectively possess  the  jurisdiction  and  powers,  be  holden  at 
the  times  and  places,  and  proceed  in  the  manner  specially  pro- 
vided by  law. 

and  the  fourth  the  second  week,  and  so  on  until  all  the  said  justices  shall  have  served  one 
week,  if  they  consist  of  an  even  number,  or  otherwise  all  but  one ;  and  then  Uie  person  first 
and  last  named  in  the  commission  shall  attend  and  hold  the  said  court  the  next  week,  and 
the  second  and  third  persons  named  therein  the  week  after,  and  so  on  in  like  rotation  after. 
And  if  the  justices  present  at  any  time  in  the  said  court  shall  be  equally  divided  upon  any 
question  before  them,  the  senior  justice  present,  that  is,  he  whose  name  stands  first  in  the 
commission,  shall  have  the  casting  vote.  And  repeals  the  20th  section  of  the  ten  pound  act 
authorizing  the  appointment  of  assistant  justices.    This  Court  existed  until  March,  1804. 

By  an  act  entitled  "an  act  for  establishing  courts  of  justice  of  the  peace  in  and  for  the  City 
of  New- York,"  passed  March  24,  1804,  3  Webster,  p.  437,  the  courts  of  justices  of  the  peace 
were  again  entirely  re-organised.  By  this  act  the  person  administering  the  government  is 
authorized  and  required  to  appoint  and  commission  not  exceeding  eight  justices  of  the  peace 
in  and  for  the  City  of  New-York,  who  are  invested  by  the  act  with  civil  and  criminal  pow- 
ers, and  are  required  to  hold  two  courts  in  the  City  of  New- York,  one  at  the  City  Hall  and 
the  other  not  exceeding  one  quarter  of  a  mile  from  the  new  watch-house,  and  are  invested 
with  powers  to  decide  all  actions  of  debt  and  for  penalties  and  forfeitures  to  the  amount  of 
fifty  dollars,  and  jurisdiction  is  given  to  the  Court  over  certain  marine  cases  in  favour  of 
seamen  and  mariners,  &c.  By  the  6th  section  it  is  declared  that  it  shall  be  the  duty  of  the 
said  justices  to  hold  the  said  courts  according  to  the  following  rotation,  that  is  to  say:  the 
first  and  second  persons  named  in  the  commission  shall  attend  and  hold  the  court  to  be  holden 
at  the  City  Hall  aforesaid,  and  the  third  and  fourth  persons  named  in  the  commission  shall 
attend  and  hold  the  other  court  to  be  holden  by  the  said  justices,  the  first  week ;  the  fifth  and 
sixth  persons  named  in  the  said  commission  shall  kold  the  other  court  the  second  week,  and 
so  on  till  all  the  justices  have  served  one  week  in  one  of  the  said  courts.  This  act  repeals 
the  act  of  April  17, 1787,  entitled  "an  act  for  the  more  speedy  recovery  of  debts  to  the  value 
often  pounds"  so  far  as  the  same  extends  to  the  City  of  New- York,  and  the  act  entitled 
"  an  act  concerning  the  recovery  of  debts  and  demands  to  the  value  of  ten  pounds  in  the 
City  of  New-York,"  passed  February  16,  1797,  and  an  act  concerning  certain  debts  and  de- 
mands in  the  City  of  New-York,  and  to  amend  an  act  entitled  "  an  act  concerning  the  re- 
covery of  debts  and  demands  to  the  value  often  pounds  in  the  City  of  New- York."  This 
act  was  amended  by  the  act  entitled,  an  act  to  amend  an  act,  entitled  "  an  act  for  establish- 
ing courts  of  justices  of  the  peace  in  and  for  the  City  of  New- York,"  passed  April  4, 1806, 
Web.  Vol.  4,  p.  520 ;  by  this  act  it  is  declared  that  all  suits  or  actions  cognizable  in  the  said 
courts,  where  both  the  parties  shall  reside  in  the  City  of  New- York,  to  the  southward  of  the 
north  bounds  of  the  sefcond  and  third  wards  thereof,  including  the  first,  second  and  third 
wards,  to  be  called  the  first  district,  shall  be  commenced,  prosecuted  'and  tried  in  the  court 
of  the  justices  of  the  peace  aforesaid,  which  shall  be  held  at  the  City  Hall  of  the  said  city ; 
and  all  suits  or  actions,  both  the  parties  to  which  shall  feside  in  the  said  city  to  the  north- 
ward of  the  north  bounds  of  the  said  second  and  third  wards,  includiag  the  fourth,  fifth, 
sixth,  seventh  and  eighth  wards,  to  be  called  the  second  district,  shall  be  commenced,  pro- 
secuted and  tried  in  the  court  of  the  justices  of  the  peace  aforesaid,  which  shall  be  held  at 
the  place  which  the  said  justices  have  appointed  or  shall  appoint,  not  exceeding  a  quarter 
of  a  mile  from  the  new  watch-house  in  the  said  city  ;  and  that  where  the  plaintiff  is  a  non- 
resident of  the  said  city,  the  suit  or  action  shall  be  commenced,  prosecuted  and  tried  in  the 
court  to  be  held  in  the  district  wherein  the  defendant  shall  reside  ;  and  that  the  jurors  who 
are  to  try  any  suit  or  action  which  shall  be  commenced  and  prosecuted  in  either  of  the  said 
courts,  shall  come  from  the  district  in  which  the  court- for  the  trial  thereof  shall  be  held, 
any  thing  in  the  act  hereby  amended,  to  the  contrary  thereof  notwithstanding. 

By  an  act  for  establishing  courts  of  justices  of  the  peace  and  assistant  justices  in  and  for 
the  City  and  County  of  New- York,  passed  April  6, 1807,  5  Web.  155,  assistant  justices' 
courts  were  again  established,  being  the  third  alteration  and  reorganization  of  these  courts 
since  the  adoption  of  the  Constitution  of  the  state.  By  that  statute  it  is  enacted,  that  the  per- 
sons administering  the  government  of  this  state  for  the  time  being,  by  and  with  the  advice  and 
consent  of  the  coiuicil  of  appointment,  shall  appoint  and  commission  one  proper  person,  in  and 
for  eachof  the  respective  wards  of  the  City  of  New- York, to  be  known  and  distinguished  by  the 
name  of  assistant  justices  of  the  City  of  New-York  ;  each  of  which  said  assistant  justices  re- 
spectively, is  hereby  authorized  and  required  to  hold  a  court  for  the  trial  of  all  actions  of  debt, 


40  ASSISTANT  JUSTICES. 


Constitution,  Article  4,  Section  14. 

sifiSTi'^'hTsticM  ^*  5  ^I^*  'I'he  special  justices,  and  the  assistant  justices,and 
T^^how  a'  *"im-  ^^^^^  clerks,  in  the  city  of  New- York,  shall  be  appointed  by  the 
***•  common  council  of  the  said  city ;  and  shall  hold  their  offices 

for  the  same  term  that  the  justices  of  the  peace,  in  the  other 
counties  of  this  state,  hold  their  offices,  and  shall  be  remov- 
able in  like  manner.     Vide  Title  "Othcers." 

detinue,  account,  covenant,  trespass  on  the  case,  and  trespass  including  trespass  on  any 
land,  or  other  real  estate,  wherein  the  sum  or  balance  due,  or  damages,  or  thing  demanded, 
shall  not  exceed  twenty-five  dollars ;  and  also  all  ptnalties  not  exceeding  the  said  sum  im- 
posed by  the  act,  entitled  "an  act  to  lay  a  duty  on  strong  liquors,  and  for  regulating  inns  and 
taverns,"  and  also  all  penalties  not  exceeding  the  said  sum  imposed  by  any  by-law  or  or- 
dinance of  the  mayor,  aldermen  and  commonalty  of  the  said  city,  in  comniou  council  as- 
sembled ;  and  also  all  sums  of  money  not  exceeding  the  amount  of  twenty-five  dollars  to  ba 
sued  for  and  recovered  in  any  court  of  record  by  virtue  of  any  statute  of  this  state  ;  and 
generally  all  such  actions  as  are  cognizable  or  triable  by  and  before  justices  of  the  peace  in 
,  the  respective  counties  of  this  state ;  and  to  hear,  try  and  determine  the  same  according  to 

law  and  equity.  This  act  was  incorporated  in  the  revision  of  1813,  with  some  slight  altera- 
tions, which  is  now  in  force.  This  act  also  established  another  tribunal  called  the  Justices' 
Court  ia  and  for  the  City  and  County  of  New-York.  The  i>2d  section  declares  that  it  shall 
and  may  be  lawful  for  the  person  administering  the  government  of  this  state  for  the  time 
being,  by  and  with  the  advice  and  consent  of  the  council  of  appointment,  from  time  to  time 
to  appoint  and  commission  three  proper  and  discreet  persons,  to  be  called  and  known  by 
the  name  of  justices  of  the  Justices' Court,  in  and  for  the  City  and  County  of  New-York, 
which  said  justices  shall  hold  their  offices  during  the  pleasure  of  the  said  council ;  and  that 
the  said  commissioners  shall  issue  once  at  least  in  every  three  years.  This  act  invests  the 
justices  with  civil  and  criminal  powers,  and  repeals  the  act  of  the  22d  March,  1804,  and 
directs  that  the  suits  pending  before  the  tribunals  created  by  that  act  may  be  continued  and 
prosecuted  with  efloct  in  the  court  established  by  this  act  called  the  justices'  court;  and  fur- 
ther directs  that  the  records  of  the  said  tribunals,  and  all  registers,  books,  entries,  and  mi- 
nutes appertaining  thereto  shall  be  deposited  in  the  Court  to  be  holden  before  the  justices 
hy  virtue  of  this  act,  there  to  remain  as  matters  of  record.  An  act  was  passtd  5larchl8, 1808 
Web.  5,  p.  281,  amendatory  to  the  above  act  containing  provissions  confining  suits  to  the 
wards  in  which  one  of  the  parties  live,  tc. 

Those  acts  are  revised  in  the  revision  of  the  laws  of  1813,  and  are  now  in  force,  and  may 
be  seen  under  their  respective  heads  in  this  volume.    The  title  of  Justices'  Court  in  the  , 
City  of  New-York  was  ehangcd  to  •'  the  Marine  Court  of  the  City  of  New-York"  by  an  act 
pawed  March  26,  1S19.    See  title  "  Marine  Court"  in  this  volume. 


ASSISTANT  JUSTICES.  41 


AN  ACT  TO  REDUCE,  &c. 

Revised  Laws,  Vol  2.  p.  870. 
justices'  courts. 

1.  Assistant  Justic<»8,  how  appointed,  and  theit  jurisdiction,  26  &  35. 

2.  Their  power.    Futrher  powers,  26  Sc  35. 

3.  Process  to  be  by  summons  or  warrant.  / 

4.  Process  against  freeholders,  &c.  6. 

5.  Courts  to  be  held  in  their  respective  w  rds. 

6.  When  warrant  may  issue  against  freeholders. 

7.  &  8.  Adjournment  of  trial. 

9.  Defendants  to  set  off  their  demands. 

10.  Proceedings  on  plea  of  title. 

11.  Demand  of  jury  and  proceedings  thereon. 

12  Penalties  on  jurors  and  witnesses  for  non-attendance,  how  recovered  and  approprf- 
ated. 

13.  Costa  how  to  be  awarded,  and  execution  how  to  be  issued. 

14.  Constable  or  Marshal  how  to  proceed  on  execution,  and  their  Iiablli(y. 

15.  Johit  debtors  how  proceeded  against. 

IG.  Officer  serving  warrant,  to  have  charge  of  defendant. 

17.  VV'hc:e  actions  shall  be  brought. 

18.  Fees  of  Assistant  Justires.     See  further,  36  &  41. 

19.  Fees  of  Constables  and  Marshals.    See  also  43. 

20.  Jurors'  fees. 

21.  When  defendant  not  precluded  his  nctinn,  on  neglecting  to  set  off  his  demands, 

22.  -Discharge  of  persons  confined  under  twenty-five  dollars. 

23.  Not  to  be  imprisoned  again. 

24.  Debts  against  persons  discharged  to  remain  good.  % 

25.  Penalty  for  perjury  under  this  act. 

27.  Rooms  to  be  provided. 

28.  Jurors  how  selected,  and  suits  confined  to  wards. 

29.  Salaries  to  be  paid. 

30.  Clerk  to  each  justice. 

31.  Duty  of  Clerk,  and  process  how  signed. 

32.  Fees  by  whom  paid. 

33.  A  certain  section  repealed. 

34.  Marshals. 

37.  Other  law,  &c.  declared  in  force. 

38.  Certain  proceedings  valid,  and  Marshals  .serving  process. 

39.  Certain  sections  extended — others  extended,  40. 
42.  Certain  sections  repealed. 

44.  Suits  on  bail  bonds. 

45.  The  act  of  the  15th  of  April,  1817,  repealed. 

46.  Assistant  justices  of  the  5lh  &  8th  wards  restrained  from  jurisdiction  in  the  9th. 

47.  Assistant  justices  of  the  9th  and  11th  wards. 

1.  §  LXXXV.  And  be  it  further  enacted,  That  the  person  ad-  APFistfmt justice* 
mimstermg  the  government  of  this  state  for  the  time  being,  by  ij.v  whom  to  be 
and  with  the  advice  and  consent  of  the  council  of  appointment, 
shall  appoint  and  commission  one  proper  person  in  and  for 
each  of  the  respective  wards  of  the  city  of  New-York,  ex- 

6 


42  ASSISTANT  JUSTICES. 

cept  the  ninth  ward,  and  two  proper  persons  in  and  for  the 

said  ninth  ward,  to  be  known  and  distinguished  by  the  name 

causesof  which  of  assistant  justicos  of  the  city  of  New- York  ;  each  of  which 

diction.       Tiie  said  assistant  justices,  respectively,  is  hereby  authorized  and 

ces  mentioned  in  required  to  hold  a  court  for  the  trial  of  all  actions  of  debt, 

this  section    are         *  .  , 

reduced  by  the  dctinuc,  accouut,  covcnant,  trespass  on  the  case,  and  trespass, 

act  of  January  4,  .       ,      ,.  ,        i  i  i        .    .  i  • 

1830,  post.  including  trespass  on  any  land  or  other  real  estate,  wherein 
the  sum  or  balance  due,  or  damages  or  tiling  demanded,  shall 
not  exceed  twenty-five  dollars ;  and  also  all  penalties,  not 
exceeding  the  said  sum,  imposed  by  the  act,  entitled  "  an  act 
to  lay  duty  on  strong  liquors,  and  for  regulating  inns  and 
taverns ;"  and  also  all  penalties,  not  exceeding  the  said  sum, 
imposed  by  any  by-law  or  ordinance  of  the  mayor,  aldermen 
and  commonalty  of  the  said  city,  in  common  council  assem- 
bled ;  and  also  all  sums  of  money,  not  exceeding  the  amount 
of  twenty-five  dollars,  to  be  sued  for  and  recovered  in  any 
court  of  record  by  virtue  of  any  statute  of  this  state,  and 
generally  all  such  actions  as  are  cognizable  or  triable  by  and 
before  justices  of  the  peace  in  the  respective  counties  of  this 
state,  and  to  hear,  try  and  determine  the  same,  according  to 

Causesof  which  law  and  equity:  Provided  always.  That  the  said  assistant 

they  have  no  J ur-  i       ^  J    ^ 

isdiction.  justicos  shall  uot  havc  cognizance  of  any  action  wherein  the 

people  of  this  state  shall  be  concerned,  or  where  the  title  of 
any  lands  shall  in  anywise  come  in  question,  except  in  actions 
of  trespass  on  land  as  aforesaid,  nor  any  action  of  assault, 
battery  or  imprisonment,  or  of  slander,  nor  of  matters  of  > 
account  where  the  sum  total  of  the  accounts  of  both  parties 
exceeds  in  the  amount  or  value  thereof  the  sum  of  two  hun- 
dred dollars,  and  that  account  proved  to  the  satisfaction  of 
the  said  court,  nor  of  any  action  to  be  brought  by  or  against 
any  executor  or  administrator,  for  any  debt  or  demand  due  to 
or  from  the  estate  of  any  testator  or  intestate  :  And  provided 
alsoy  That  the  several  persons  now  holding  the  offices  of  as- 
sistant justices  in  the  said  city,  shall  continue  to  hold  the 
same  until  others  shall  be  appointed  and  commissioned  in 
their  stead. 

Assistant  justices     2.  §  LXXXVI.  And  he  it  further  enacted,  That  eveiT  of  the 

VGstGcl  with  sucli  ^ 

powers  as  are  u-  Said  assistant  justiccs  is  hereby  vested  with  all  such  power, 

Bual  in  courts  of  ^         ,  ^  .  ,  .  r  ' 

record  lor  the  purposcs  aioresaid,  as  is  usual  in  courts  of  record  in 

this  state,  and  in  the  same  manner  as  the  justices  of  the  peace 

t^'sKfosSr'"  "^  ^^^  several  counties  of  this  state:  And  further,  That  each 


ASSISTANT  JUSTICES.  43 

of  the  said  assistant  justices  shall  sign  all  process  to  be  issued 
out  of  such  court,  so  to  be  held  by  him  as  aforesaid. 


3.  §   LXXXVII.  And  he  it  farther  enacted,  That  every  ProceBs  to  be  by 

,.         .  ,  .  J       r         u     summons  or  war- 

such  assistant  justice,  upon  application  to  mm  made,  tor  tne  raau 

recovery  of  any  such  debt,  damages  or  demand,  shall  issue  a 
summons  or  warrant,  as  the  case  may  require,  directed  to  any 
constable  or  marshal  of  the  said  city,  commanding  him,  when 
a  summons  is  issued,  to  summon  the  defendant  to  appear  be-  Bummona. 
fore  such  assistant  justice,  at  a  certain  time  and  place  in  the 
said  summons  to  be  expressed,  not  less  than  six,  nor  more 
than  twelve  days,  from  the  time  of  issuing  such  summons,  to 
answer  the  plaintiff  of  a  plea  in  the  same  summons,  to  be  men- 
tioned :  and  when  a  warrant  is  issued,  then  commanding  the  Warrant 
constable  or  marshal  to  take  the  defendant  and  bring  him  or 
her  forthwith  before  such  assistant  justice,  to  answer  the  plain- 
tiff of  the  plea  in  the  same  warrant  mentioned,  and  upon  the 
return  of  such  summons,  if  the  same  be  duly  served,  or  upon 
bringing  the  defendant  before  such  assistant  justice  by  virtue 
of  any  such  warrant,  or  at  such  other  time  and  place  as  the 
said  assistant  justices  shall  think  reasonable  to  appoint,  not 
exceeding  six  days  thereafter,  the  said  assistant  justice  shall 
proceed  to  hear  and  examine  the  allegations  and  proofs  of  the 
parties,  and  within  four  days  thereafter  give  judgment  therein.  Judgment  to  bo 
in  such  a  manner  as  shall  appear  to  him  to  be  agreeable  to  law  Ift^tri^.  ^^^ 
and  equity,  together  with  costs  of  suit  as  hereafter  allowed. 

4.  §  LXXXVIII.  And  he  it  further  enacted.  That  the  first     First  procesa 
process  to  be  issued  by  any  of  the  said  justices  against  all  eS!*"?r  "^Jerson* 
freeholders  and  inhabitants  having  families,  except  as  here-  how"8«vS.'*^^ 
after  is  excepted,  shall  be  by  summons,  which  shall  be  served 

at  least  six  days  before  the  time  of  appearance  mentioned 
therein,  by  reading  the  same  summons,  and  delivering  a  copy 
thereof,  when  required,  if  such  defendant  shall  be  found ;  and 
if  not,  by  leaving  a  copy  thereof  at  his  or  her  house  or  place 
of  abode,  in  the  presence  of  some  one  of  the  family  of  suita- 
ble age  and  discretion,  who  shall  be  infonned  of  the  contents 
thereof;  and  the  constable  or  officer  serving  such  summons, 
shall,  upon  the  oath  of  his  office,  endorse  thereupon  the  time 
and  manner  he  executed  the  same,  and  sign  his  name  thereto ; 
and  in  case  the  defendant  does  not  appear  at  the  time  and 
place  appointed  in  such  summons,  and  it  shall  appear  by  the 


44  ASSISTANT  JUSTICES. 

return  endorsed  thereon,  that  the  summons  was  duly  served 

upon  the  person  of  the  defendant  in  the  manner  aforesaid,  and 

no  sufficient  reason  shall  appear  to  the  assistant  justice  why 

If  served  perpon-  the  defendant  does  not  appear  at  the  time  appointed,  then  the 

ally,  aud  defend-  .  .         .  ^[  .  ,  ,     n 

ant  does  not  a\>-  said  assistaut  justicc  wlio  issucd  tlic  said  summons,  shall  pro- 
pear,  justices  to  **  -^ 

proceed  to  trial,    ceed  to  hear  and  try  and  determine  the  said  cause,  in  the 
If  served  by  leav-  ^^^G  manner  as  if  the  defendant  had  appeared  ;  but*  if  such 
fend^Tdoes  not  summons  was  served  only  by  leaving  a  copy  thereof  at  the 
BhJiuiu^'^'*"'  house  dr  place  of  abode  of  the  defendant  as  aforesaid,  and 
the  defendant  does  not  appear  at  the  time  and  place  appoint- 
ed in  such  summons,  and  no  sufficient  reason  shall  appear  to 
the  assistant  justice  why  the  defendant  does  not  appear,  then 
the  said  assistant  justice  shall  issue  a  warrant  against  such 
defendant,  in  the  manner  aforesaid,  and  proceed  as  above 
Unless  piaintifr  directed,  unless  the  plaintiff  shall  elect  to  have  a  new  sum- 
new  summons,    mons  against  such  defendant.     And  in  all  cases  where  a  suf- 
„  ,  ^       .      frcient  reason  shall  appear  to  the  assistant  iustice,  whv  the 

Defendant  not  ap-  i  ^  J  '  .. 

Sis"ma""on"'e-  defendant  does  not  appear  at  the  time  and  place  appointed 
2iown*"have  fm^  "^  ^^^  summous,  the  assistaut  justice  shall  give  to  the  defend- 
ther  ume.  g^pj-  ^^^^i  further  time  as  he  shall  think  reasonable,  and  at  such 

time  so  given  the  assistant  justice  shall  and  may  proceed  as 

aforesaid. 

Court  of  apsistant      5.  §  LXXXIX.  And  be  itfitrther  enacted,  That  each  of  the 

their  respective  said  assistant  justiccs  shall  hold  a  court  for  the  trial  of  all  such 

actions  in  the  ward  for  which  he  shall  be  appointed ;  wliich 

court  shall  be  CQUstantly  open  at  seasonable  hours,  and  every 

Incase  of  the  ah-  (Jav,  (Suudavs  cxccptcd)  and  in  all  cases  where  a  warrant  shall 

sence,  &.C.  of  JUS-         *^     ^  •  *  ' 

tice  who  issued  be  issucd  bv  virtuc  of  this  act,  and  upon  service  thereof,  the  as- 

warrant,    who  •  _  '■ 

may  try  cause,  sistaut  justicc  w^ho  issucd  tlic  samc  shall  be  absent,  or  unable 
to  hear  and  try  the  cause,  it  shall  and  may  be  lawful  for  the 
constable  or  marshal,  or  other  proper  officer  serving  such 
warrant,  to  carry  the  defendant  before  the  assistant  justice 
of  either  of  the  next  adjoining  wards  to  that  where  the  assis- 
tant justice  by  whom  the  said  process  may  have  been  issued, 
sliall  reside  ;  and  such  other  assistant  justice  shall  take  cog- 
uizance  of,  and  hear,  try,  and  determine  the  cause,  in  the 
same  manner  as  he  could  or  might  have  done  if  he  had  issued 
the  warrant  by  virtue  of  which  the  defendant  shall  be  taken, 

In  all  other  capeB  \^^x.  in  all  Other  cascs,  where  any  process  shall  be  issued  by 

justice    who   IS-  .  .  . 

Buesprorew  Khali  ^j-jy  of  the  gaid  assistaut  iustices  in  pursuance  of  this  act,  and 
served  on  the  defendant  for  any  debt,  damages,  or  demand, 


ASSISTANT  JUSTICES.  4t 

of  what  nature  soever,  the  cause  shall  be  tried  before  the 
assistant  justice  who  first  issued  such  process,  and  not  before 
any  other:  And  further,  That  where  any  parties  shall  agree  ^™^  "J^ie^ 
to  enter  an  action  before  any  assistant  justice  without  any  by  consent  of  par- 
process,  such  assistant  justice  shall  proceed  to  trial  in  the 
same  manner  as  if  a  summons  or  warrant  had  been  issued. 

6.  §  XC.  And  be  it  further  enacted,  That  if  any  plaintiff,  or  t^^"/*;jj°*^^ 
his  or  her  attorney,  so  applying  for  process,  shall  prove  upon  ^^iic"e^*iSjaiMt"' 
oath  to  the  satisfaction  of  the  assistant  justice,  that  if  such  [J^^f^^j,';'^^^^';',  ^^^^ 
process  be  by  summons  against  any  freeholder  or  inhabitant  ing  famines, 
having  a  family,  the  plaintiff  will  be  in  danger  of  losing  his 
debt  or  demand  thereby,  or-  doth  really  and  sincerely  believe 
that  such  freeholder  or  inhabitant  will  depart  the  city  of  New- 
York,  or  if  the  action  shall  be  for  any  sum  or  penalty  on  any 
statute,  or  on  the  said  charter  or  by-law  of  the  said  corpora- 
tion, that  then  or  in  either  of  such  cases,  the  assistant  justice, 
(to  whom  such  application  shall  be  made,)  shall  issue  a  war- 
rant ao:ainst  such  defendant :  Provided,  That  no  warrant  shall   Pr^^Jso  m  to  ft- 
in  any  case  whatever  issue  against  any  female  :  And  further, 
That  where  the  plaintiff  in  any  action  aforesaid  shall  not  re- 
side in  the  said  city,  and  shall  give  security  to  pay  the  debt 
and  damages  and  costs  of  suit,  in  case  judgment  shall  be  given 
against  him  or  her,  then  and  in  that  case  such  plaintiff  may 
have  a  warrant  returnable  immediately. 


Uial. 


7.  §  XCI.  And  be  it  farther  enacted,  That  where  a  warrant  Adjournment  of 
shall  be  issued  for  a  non-resident  plaintiff  as  aforesaid,  the 
assistant  justice  before  whom  the  cause  is  to  be  tried,  shall 
not  adjourn  the  same  for  a  longer  time  than  three  days,  un- 
less the  parties  otherwise  agree ;  and  in  all  other  cases  where 
a  warrant  shall  be  issued,  if  the  plaintiff  or  defendant  shall 
require  a  longer  time  than  is  at  first  appointed  by  the  court 
to  try  the  said  cause,  and  will,  if  required,  give  sufficient 
security  to  appear  and  stand  trial  on  such  other  day  as  shall 
be  appointed,  then  the  assistant  justice  is  hereby  empowered 
and  required  to  adjourn  the  trial  of  such  cause,  to  any  day  he 
shall  judge  most  convenient,  not  exceeding  twelve  days,  nor 
less  than. three  days,  unless  the  assistant  justice  and  parties 
shall  otherwise  agree  :  Provided  always.  That  if  any  adjourn- 
ment be  made  without  the  consent  of  the  plaintiff,  in  any  case 


Proviso. 


46  ASSISTANT  JUSTICES. 

where  a  warrant  shall  be  issued  as  aforesaid,  the  defendant 
shall  give  sufficient  security  to  appear  on  the  day  to  which 
such  adjournment  shall  be  madq,  and  in  default  of  such  ap- 
pearance, to  pay  the  debt  and  costs,  if  judgment  shall  be 
given  against  such  defendant,  and  for  want  of  such  security 
the  assistant  justice  shall  proceed  to  trial  without  an  adjourn- 
ment. 

Adjournment  ai.      Q,  J  XCII.  And  he  it  further  enacted,  That  in  cases  not  pro- 

lowed  lor  want  of  ^  *^  '  * 

material  witness,  yidcd  for  by  the  last  scctiou  of  this  act  as  aforesaid,  and  the 
defendant  shall  make  oath  that  he  or  she  cannot,  for  want  of 
some  material  testimony  or  witness,  safely  proceed  to  trial, 
the  assistant  justice  shall  in  such  cases  postpone  the  trial  for 
such  reasonable  time  as  will  enable  the  defendant  to  procure 
ihS^m^onths*^^^*^  ^"^^  testimony  or  witnesses  :  Provided,  That  such  time  shall 
lecur"it*""*^'^^''*  not  exceed  three  calendar  months  :  And  provided  also,  That 
such  defendant,  before  he  shall  be-  entitled  to  have  the  trial 
postponed  as  aforesaid,  shall  give  security  to  the  said  as- 
sistant justice  to  appear  and  answer  the  said  action,  and  to 
pay  the  debt  and  damages  and  costs,  in  case  judgment  shall 
aSn«m?nt""o  ^^  givcu  agaiust  him  or  her :  And  provided  also,  That  in  any 
accoiuu^^*"^' ^'^"^  action  to  be  brought  before  any  of  the  assistant  justices  by 
virtue  of  this  act,  by  warrant  or  otherwise,  if  either  the  plain- 
tiff or  defendant  shall  request  an  adjournment,  he  or  she  shall 
not  be  entitled  thereto,  unless  the  party  requesting  such  ad- 
journment, after  having  seen  the  account  or  demand  of  the 
adverse  party,  shall,  if  required,  exhibit  his  or  her  account 
or  demand,  or  state  the  nature  thereof,  as  far  forth  as  may  be 
in  his  or  her  power,  to  the  satisfaction  of  the  assistant  justice 
before  whom  the  cause  is  to  be  tried. 

Defendants  to  set      9.  §  XCIII.  And  be  it  further  enacted,  That  if  the  defendant, 

offtheir  demands  .  .  i        i    '  i        i      r-  •  •         •         i 

if  any.  Vide  the  m  any  actiou  to  be  brought  beiore  any  assistant  justice  by 

HCt     01     Jilll.     ^tj        ,  /•!•  11  11*1 

1817,  post,  where  virtuc  of  this  act,  hath  any  account  or  demand  against  the 

defendants   are  i        i  i  ix-    ^  •  i  i 

not  precluded     plaintiff,  hc  uiav  plead  and  set  oft  the  same  against  the  de- 

their  actions  for  '^  •'    *  ^ 

neglecting  to  set  maud  of  the  plaintiff;  and  if  any  defendant  shall  refuse  or 

off  in  certain  ca-  ^  *' 

^^^'     .  .    u  neorlect  so  to  do,  such  defendant  shall  for  ever  thereafter  be 

On  neglect  to  he        o 

EdS'therefo'r"  P^^cludcd  from  having  any  action  against  the  plaintiff  to  re- 


cover the  same  or  any  part  thereof:  Provided  always.  That 
where  the  balance  found  to  be  due  to  the  defendant  shall  ex- 
ceed twenty-five  dollars,  in  such  case  the  defendant  shall  not 


ASSISTANT  JUSTICES.  -*'» 

be  precluded  from  recovering  the  same  account  or  demand 
against  the  plaintiff  in  any  other  court  of  record  having  cog- 
nizance thereof. 

10.  §  XCIV.  And  be  it  furtJier  enacted.  That  when  in  any  Proeee.iings  m 

'  *'  i_     T_  U    action  of  trcspasB 

action  of  trespass  upon  land  or  other  real  estate,  to  be  brought  ^^j^^^gJ^'^^J^^^gi 
before  any  assistant  justice,  any  defendant  shall  justify  on  aoftuie. 
plea  of  title,  the  defendant  shall  commit  such  plea  of  justifi- 
cation to  writing,  and  having  signed  the  same  in  the  presence 
of  such  assistant  justice,  shall  deUver  such  plea  to  the  assis- 
tant justice,  who  shall  then  countersign  the  same,  and  deliver 
it  to  the  plaintiff,  and  it  shall  and  may  be  lawful  to  and  for 
such  plaintiff  to  commence  and  prosecute  an  action  for  such 
trespass  against  such  defendant,  in  the  court  of  common 
pleas,  called  the  mayor's  court  of  the  city  of  New- York,  and 
if  such  plaintiff  shall  recover  any  damages  in  such  action, 
the  defendant  shall  be  liabl%  to  pay  to  such  plaintiff  double 
costs  ;  and  in  every  trial  to  be  had  for  such  trespass,  the  plea 
signed  by  such  defendant  shall  be  conclusive  evidence  that 
the  defendant  relied  on  his  title  to  justify  such  trespass  ;  and 
every  assistant  justice,  to  whom  a  plea  of  justification  shall 
be  tendered,  shall,  before  he  shall  receive  such  plea,  exact 
from  the  defendant,  together  with  one  sufficient  surety,  a  re- 
cognizance in  the  sum  of  fifty  dollars,  conditioned,  that  if  such 
plaintiff  shall  commence  a  suit  before  the  then  next  mayor's 
court  of  the  said  city,  for  the  recovery  of  damages  for  such 
trespass,  such  defendant  shall  appear  and  put  in  special  bail 
in  such  mayor's  court,  within  eight  days  after  the  first  day 
of  the  then  next  term  of  the  said  court ;  and  that  in  every 
case  in  which  such  plea  shall  be  tendered,  and  the  defendant 
shall  not  forthwith  enter  into  such  recognizance,  the  assistant 
justice  shall  proceed  in  the  same  manner  as  if  such  plea  had 
not  been  tendered :  Provided  always,  That  it  shall  be  com- 
petent for  such  defendant,  notwithstanding  the  said  plea  of 
title,  to  show  on  the  trial  of  any  such  case  before  the  said 
mayor's  court,  that  the  plaintiff  had  not  possession  of,  or  title 
to  the  premises,  at'the  time  such  supposed  trespass  was  com- 
mitted. 

11.  §  XCV.  And  be  it  further  enacted,  That  in  every  action  A[j«^'6su^joined 
*tobe  brought  by  virtue  of  this  act,  before  any  such  assistant ''^"'*"''*j^'y- 
justice,  it  shall  be  lawful  for  either  of  the  parties  to  the  suit, 


48  ASSISTANT  JUSTICES. 

or  the  attorney  of  either  of  them,  after  issue  joined,  and  before 
the  court  shall  proceed  to  inquire  into  the  merits  of  the  cause, 
to  demand  of  the  said  court,  that  such  action  be  tried  by  jury, 
and  upon  such  demand,  the  said  assistant  justice  shall,  in  open 
court,  nominate  eighteen  persons  residing  in  the  ward  in  which 
the  cause  is  to  be  tried,  and  qualified  to  serve  as  jurors  on  tri- 
JSd!'''*'"^'^"'  als  in  the  mayor's  court  of  the  said  city,  and  who  are  in  no  wise 
of  kin  to  the  plaintiff"  or  defendant  in  the  said  suit,  or  interest- 
ed therein;  and  the  names  of  the  said  persons  so  nominated 
by  the  said  assistant  justice,  shall  be  by  him  written  on  a  panel, 
which  panel  shall  be  annexed  to  a  venire,  which  the  said  assis- 
venfri?^  *°  '"""*  taut  justicc  is  hereby  required  to  issue,  directed  to  any  consta- 
ble or  marshal  in  the  said  city,  commanding  him  to  summon 
any  twelve  of  the  persons  named  in  the  said  panel,  to  be  and 
appear  before  such  assistant  justice  issuing  such  venire,  at  such 
time  and  place  as  shall  be  expressed  in  the  saidvenire,  to  make 
a  jury  for  the  trial  of  the  action  between  the  parties  mention- 
ed in  the  said  venire,  which  constable  or  marshal  shall,  at  the 
return  of  the  said  venire,  return  a  panel  of  the  names  of  the 
jurors  he  shall  so  summon  by  virtue  of  the  said  venire  ;  and  the 
name  of  each  person  empannelled,  shall  be  written  on  several 
/dTba^r'^*^^"  and  distinct  pieces  of  paper,  as  nearly  of  one  size  as  may  be, 
and  shall  be  delivered  to  the  said  assistant  justice,  before 
whom  such  action  is  to  be  tried,  by  the  said  constable  or  mar- 
shal returning  such  panel,  and  shall,  by  the  said  constable  or 
marshal  be  rolled  up,  all  as  near  as  may  be,  in  one  and  the 
same  manner,  and  put  together  in  a  box  or  some  convenient 
thing,  and  on  the  trial  of  such  caus^,  such  assistant  justice,  or 
such  indifferent  person  as  he  shall  appoint  for  that  pui-pose, 
shall  draw  out  six  of  the  said  papers  one  after  another,  and  if 
any  of  the  persons  whose  names  shall  be  so  drawn,  shall  not 
Challenges  ai-  appear,  or  shall  be  challenged  and  set  aside,  then  such  further 
number  thereof  shall  be  so  drawn  as  shall  make  up  the  number 
of  six,  w^ho  do  appear  after  all  legal  causes  of  challenge 
allowed  by  the  said  assistant  justice  ;  unless  the  parties  agree 
that  the  said  constable  or  marshal  shall  summon  six  men  at 
his  discretion ;  and  the  said  six  persons,  So  drawn,  and  ap- 
pearing, and  approved  by  the  court  as  indifferent  and  qualifi- 
ed, shall  be  the  jury  who  shall  try  the  cause,  to  each  of  whom 
the  said  assistant  justice  shall  administer  the  following  oath:— 
Their  oath.     "  You  do  swcar  in  the  presence  of  Almighty  God,  that  you" 
will  well  and  truly  try  the  matter  in  diflference  between 


ASSISTANT  JUSTICES.  4» 

plaintiff,  and  defendant,  and  a 

true  verdict  will  give  according  to  evidence ;"  and  after  the 
said  jury  have  taken  the  oath  aforesaid,  they  shall  sit  together 
and  hear  the  several  proofs  and  allegations  of  the  parties 
which  shall  be  delivered  in  public  in  their  presence  ;  and  to 
each  of  the  witnesses  on  the  said  trial  the  said  assistant  jus- 
tice shall  administer  the  following  oath:  "  You  do  swear  in  oathtfwiucncm 
the  presence  of  Almighty  God,  that  the  evidence  you  shall 
give  in  this  matter  in  difterencc  between 
plaintiff,  and  defendant,  shall  be  the  truth, 

the  whole  truth,  apd  nothing  but  the  truth."  And  after  hear- 
ing the  proofs  and  allegations,  the  jury  shall  be  kept  together 
in  some  convenient  place  until  they  shall  agree  upon  a  verdict, 
and  for  which  purpose  a  constable  or  marshal  shall  be  sworn, 
and  to  whom  the  said  assistant  justice  shall  administer  the 
following  oath:  ''  You  do  swear  in  the  presence  of  Almighty  Oahofeon*tabi« 
•  God  that  you  will,  to  the  utmost  of  your  ability,  keep  every 
'  person  sworn  on  this  inquest  together,  in  some  private  and 
'  convenient  place  ;  and  will  not  suffer  an^'  person  to  speak  to 
them,  nor  speak  to  them  yourself,  unless  b}^ order  of  the  jus- 
'tice,  unless  it  be  to  ask  them  whether  they  have  agreed  upon 
their  verdict,  until  they  have  agreed  upon  their  verdict."  And 
when  the  jurors  have  agreed  upon  their  verdict,  they  shall  de-  ^^^"ment  iTn  vJ)^ 
liver  the  same  to  the  assistant  justice  in  the  same  court,  who  '*^"- 
is  hereby  required  to  give  judgment  thereupon,  and  to  award 
execution  in  manner  hereafter  directed:  Provided  always,  oathofpartyor 

mi  1  r       •    1  m    ^         •  r  l  «Xpan<»    affidavit 

That  no  oath  of  either  party  or  exparte  affidavit  of  any  other  n^i  t<;  be  rcccw- 
person,  shall  be  allowed  or  given  in  evidence  in  any  such  ac-  »cnt- 
'  tion,  unless  the  parties  agree  to  allow  of  such  evidence. 


12.  §  XCVI.  And  he  it  further  enacted,  That  every  pergon  .rrTanJ^witVe.-' 

?«8    for    t 
tendance. 


summoned  and  drawn  as  a  juror,  or  subpoenaed  as  a  witness,  ""*  ^"^  "°''*' 


who  shall  not  appear,  or  appearing  shall  refuse  to  serve  or 
give  evidence  in  such  action,  shall  forfeit  and  pay  for  every 
such  default  or  refusal,  unless  some  reasonable  cause  be 
proved  on  oath,  to  the  satisfaction  of  the  court,  such  fine  or 
fines,  not  exceeding  the  sum  of  ten  dollars,  nor  less  than  sixty- 
two  and  an  half  cents,  as  the  said  court  shall  think  reason- 
able to  impose ;  and  the  said  court  is  hereby  authorized  and  How  r«eov<9rrd. 
required  to  issue  a  warrant  directed  to  any  constable  or  mar- 
shal of  the  said  city,  commanding  him  to  levy  the  same  on 
the  goods  and  chattels  of  the  said  offender;  and  for  the  want 


50  ASSISTANT  JUSTICES. 

thereof  to  convey  him  or  her  to  the  jail  or  debtor's  prison  of 
the  said  city  and  county  of  New- York,  there  to  remain  until 
he  or  she  pay  such  fine,  together  ,with  the  costs  attending  the 
same ;  and  the  keeper  of  the  said  jail  or  prison  is  hereby  com- 
manded to  keep  such  offender  in  safe  custody,  in  such  jail 
or  prison,  until  such  fine,  together  with  the  costs,  shall  be 
paid :  Provided  always,  That  no  such  fine  or  fines  shall  be 
imposed,  unless  oath  shall  first  have  been  made  before  the 
court,  by  some  credible  person,  that  such  juror  or  witness  so 
in  default,  hath  been  lawfully  summoned  or  subpoenaed  as 
^How  ftppropna-  aforesaid ;  all  and  every  of  which  said  fines,  when  recover- 
ed, shall  be  delivered  by  the  said  court  to  the  chamberlain  of 
the  said  city,  for  the  use  of  the  poor  thereof. 

XCVII.  This  section  is  repealed  by  the  repealing  act  of 
December  10,  1828,  3  Rev:  St.  p.  129. 

award%d°rnd'e^t'  13.  §  XCVIII.  And  he  it  further  enacted,  That  if  the  plain- 
be?s5°"ed!^°'^  *°  tiff,  in  any  action  to  be  brought  before  any  such  assistant 
justice,  shall  be  noVsuited  or  discontinue  or  withdraw  his  or 
her  action  without  the  consent  of  the  defendant,  then  judg- 
ment shall  be  given  against  such  plaintiflf  for  the  costs  re- 
covered ;  or  if  he  or  she  shall  be  found  to  be  indebted  to  the 
defendant,  then  judgment  shall  be  given  against  him  or  her 
for  the  debt  or  damages  and  costs,  as  the  case  may  require, 
and  whenever  judgment  shall  be  given  against  either  plain- 
tiff or  defendant,  the  said  court  shall  grant  execution  there- 
upon, directed  to  any  one  of  the  constables  or  marshals  of 
the  said  city,  commanding  him  to  levy  the  debt,  or  damages 
and  costs,  of  the  goods  and  chattels  of  the  person  against 
whom  such  execution  shall  be  granted,  (his  arms  and  accou- 
trements excepted)  and  to  bring  the  money  at  a  certain  time 
and  place,  therein  to  be  mentioned,  before  the  assistant  jus- 
tice who  issued  the  execution,  to  render  to  the  party  who 
recovered  the  same ;  and  if  no  goods  or  chattels  can  be  found, 
or  not  sufficient  to  satisfy  such  execution,  the  party  recover- 
ing the  judgment  may,  from  time  to  time  renew  such  execu- 
tion, or  have  further  execution  against  the  goods  and  chat- 
tels of  the  party  against  w^hom  such  judgment  is  recovered, 
or  may  bring  an  action  of  debt  thereon,  or  if  the  party  against 
whom  such  judgment  is  recovered  be  a  freeholder  within  this 
state,  or  being  a  person  not  having  a  family  therein,  and  the 


ASSISTANT  JUSTICES.  51 

same  be  proved  to  the  satisfaction  of  the  assistant  justice,  by 
the  oath  of  the  party  in  whose  favour  the  execution  shall  issue, 
or  by  the  oath  of  such  witness  or  witnesses  as  the  assistant 
justice  shall  require,  or  if  the  judgment  be  against  any  person 
whatever  for  any  penalty  incurred  under  the  act  entitled  "  an 
act  to  lay  a  duty  on  strong  liquors,  and  for  regulating  inns 
and  taverns,"  then  every  execution  to  be  issued  as  aforesaid 
may  further  command,  that  if  sufficient  goods  and  chattels 
cannot  be  found  to  satisfy  the  debt,  or  damages  and  costs  as 
aforesaid,  that  the  officer  take  the  body  of  the  person  against 
whom  such  execution  shall  be  granted,  and  him  or  her  to 
convey  to  the  jail  or  debtor's  prison  of  the  said  city  and 
county :  Provided  always^  That  no  such  proof  of  any  such 
party,  against  whom  judgment  shall  be  given,  being  a  free- 
holder, or  not  having  a  family,  shall  be  required  by  any  such 
assistant  justice;  unless  such  party  shall  at  the  time  of  the 
trial  of  any  such  action,  or  some  time  before  the  issuing  exe- 
cution, not  exceeding  four  days  after  such  trial,  claim  and 
allege  his  exemption  from  any  such  execution  against  his  or 
her  body :  And  further,  That  no  execution  otf  any  judgment 
given  by  such  assistant  justice,  by  virtue  of  this  act,  shall 
issue  against  any  freeholder  or  inhabitant  having  a  family,  in 
less  than  thirty  days  after  giving  the  judgment,  unless  the 
person  in  whose  favour  judgment  shall  be  given  shall  make 
it  appear  to  the  satisfaction  of  the  said  assistant  justice,  on 
'  his  own  oath  or  the  oath  of  some  other  person,  that  such 
plaintiff  will  be  in  danger  of  losing\the  debt  or  damages,  if 
such  delay  be  allowed;  in  which  case  the  said  assistant  jus- 
tice shall  issue  execution  immediately,  as  herein  before  di- 
rected, unless  the  party  against  whom  such  judgment  shall 
be  given,  shall  thereupon  give  security  to  the  party  in  whose 
favour  judgment  w^as  given,  that  he  will  pay  the  debt  or  da- 
mages and  costs  before,  or  surrender  himself  in  execution,  if 
liable  to  be  imprisoned  on  execution  by  virtue  of  any  thing 
herein  before  contained  in  this  act,  at  the  expiration  of  thirty 
days. 


marshal,  hnw  to 
•ze- 

CUtiOB. 


14.  §  XCIX.  And  be  it  further  enacted.  That  the  constable      constable  or 
or  marshal,  after  taking  such  goods  and  chattels  into  his  cus-  proceed' on 
tody,  by  virtue  of  such  execution,  shall  immediately  give  pub- 
li:^.  notice  by  an  advertisement  signed  by  him,  and  put  up  at 
three  public  places  in  the  ward  in  the  said  citv,  where  such 


5^  ASSISTANT  JUSTICES. 

goods  and  chattels  shall  be  taken,  of  the  time  and  place  when 
and  where  they  will  be  exposed  to  sale,  at  least  five  days  be- 
fore the  time  appointed  for  the  ^selling  thereof,  and  therein 
describe  the  goods  and  chattels  so  taken ;  and  at  the  time 
and  place  so  appointed  for  selling  them,  shall  expose  them  to 
sale  at  public  vendue,  and  sell  them  to  the  highest  bidder, 
and  pay  the  debt,  or  damages  and  costs,  so  levied,  to  the 
assistant  justice  who  issued  the  execution,  returning  the  over- 
plus, (if  any,)  to  the  owner ;  and  for  want  of  goods  and  chat- 
tels whereon  to  levy,  the  said  constable  or  marshal  shall, 
according  to  the  tenor  of  the  said  execution,  take  the  body  of 
the  person  against  whom  the  said  execution  shall  be  granted, 
and  convey  or  deliver  him  or  her  to  the  keeper  of  the  com- 
mon jail  and  debtor's  prison  of  the  said  city  and  county  ;  and 
in  case  the  person  against  whom  such  execution  shall  issue, 
be  a  freeholder,  such  keeper  is  hereby  commanded  to  keep 
such  person  in  safe  custody,  in  the  jail  or  prison  aforesaid, 
until  the  debt  or  damages,  with  costs,  shall  be  fully  paid ; 
and  in  case  such  person  be  not  a  freeholder,  and  the  same  be 
certified,  or  a  tiemorandum  thereof  made  by  such  justice 
upon  such  execution,  whose  duty  it  shall  be  so  to  do,  then 
until  the  expiration  of  thirty  days  from  the  time  of  receiving 
When  liable  for  g^(,j^  persou  ;  and  in  case  such  constable  or  marshal  to  whom 

»:iiouat  of  execu-  l  ' 

<»""•  any  execution  shall  be  delivered,  shall  not  within  five  days  after 

receiving  such  execution  levy  the  same  on  the  goods  and 
chattels  of  the  person  against  whom  such  execution  shall  be 
granted,  and  in  fifteen. 'days  thereafter  pay  the  debt,  or  da- 
mages and  costs,  so  levied  into  the  hands  of  the  assistant  jus- 
tice who  issued  the  same,  or  in  case  of  his  death  or  removal 
from  office,  to  the  person  in  whose  favour  the  execution  was 
granted  ;  or  if  no  goods  or  chattels  can  be  found  whereon  to 
levy,  then  if  the  said  constable  or  marshal  shall  not,  if  such 
execution  require  it,  take  the  body  of  the  person  against  whom 
such  execution  was  granted,  if  to  be  found,  wdthin  fifteen 
days  from  the  receipt  of  such  execution  as  aforesaid,  then 
and  in  every  such  case  the  said  constable  or  marshal  shall  be 
holden  to  pay  the  amount  of  such  execution,  to  be  recovered  by 
an  action  of  debt,  with  costs,  by  the  person  in  whose  favour 
such  execution  was  granted,  in  which  case  execution  shall 
issue  forthwith  against  such  constable  or  marshal. 


ASSISTANT  JUSTICES.  5S 

15.  §  C.  And  be  it  further  enacted,  That  eveiy  summons  or  ho4t"oe^^edT 
warrant,  to  be  issued  by  any  such  assistant  justice,  may  issue  «'"°^*' 
against  any  joint  debtors,  in  the  same  manner  as  against  indi- 
vidual debtors  ;  and  in  case  the  same  be  duly  served  in  man- 
ner herein  before  directed  upon  either  of  such  joint  debtors, 
such  joint  debtors  on  whom  the  same  shall  be  so  served,  shall 
answer  to  the  plaintiff,  and  the  judgment  shall  in  such  case 
be  against  the  joint  debtor  or  debtors  on  whom  the  same  was 
served,  and  against  the  other  joint  debtor  or  debtors  named 
in  such  summons  or  warrant,  in  the  same  manner  as  if  the 
said  process  had  been  duly  served  on  all  such  debtors  :  Pro- 
tided,  however,  That  no  execution  shall  issue  against  the  body, 
or  against  any  goods  and  chattels,  the  sole  property  of  any 
debtor  on  whom  such  process  was  not  duly  served  as  afore- 
said. 

CI,  This  section  is  repealed  by  laws  of  April  12,  1822, 
voL  6,  p.  177,  section  4. 


warrant  to  Lave 


16.  §  CII.  And  be  it  further  enacted,  That  in  all  cases,  when    offlrt-r 
any  person  or  persons  shall  be  brought  before  any  such  as-  charge  of  d«Fw.d 

.         .  /••'•un  ai^t  until  diachar 

sistant  justice  on  any  warrant  by  virtue  of  this  act,  it  shall  gedbyjuiuc«. 
be  the  duty  of  the  constable  or  marshal  who  served  the  war- 
rant, to  take  the  charge  of  the  person  or  persons,  until  dis- 
charged by  such  assistant  justice. 

17.  §  CIII.  And  be  it  further  enacted,  That  every  action  to    wher<»  a«tA 

-  1  1      r  r     1  •  .         .    '         ,  shall  be  br oujht . 

be  commenced  before  any  of  the  assistant  justices,  (except 
where  an  assistant  justice  shall  be  one  of  the  parties  thereto,) 
shall  be  commenced  and  prosecuted  before  the  assistant  jus- 
tice, either  in  the  ward  in  which  the  plaintiff  or  plaintiffs  shall 
have  resided,  at  least  one  month  immediately  preceding  the 
commencement  of  the  said  action,  or  of  the  ward  in  which 
the  defendant  or  defendants,  or  one  of  them,  shall  reside  at 
the  time  of  the  commencement  of  the  said  action  ;  and  that  if 
there  shall  be  several  plaintifis,  not  all  residing  as  aforesaid 
in  the  same  ward,  or  if  the  said  action  be  comme'nced  by  any 
agent  or  attorney,  then  "and  in  every  such  case,  the  said  ac- 
tion shall  be  prosecuted  only  in  the  ward  in  which  the  de- 
fendant or  defendants,  or  one  of  them,  resides ;  and  every 
such  assistant  justice  is  hereby  directed  and  required  to  dis- 
miss every  action  brouglu  before  him,  contrary  to  the  pro- 


54  ASSISTANT  JUSTICES. 

visions  of  this  section,  with  costs  of  suit,  to  be  paid  by  the 
plaintiff  or  plaintiffs  in  the  same  manner  as  if  he  or  they  were 
nonsuited  on  the  merits ;  and  every  judgment  that  may  be  ob- 
tained or  procured  contrary  to  the  true  intent  and  meaning 
of  this  section,  shall  be  utterly  void,  but  where  one  of  the 
said  assistant  justices  shall  be  one  of  the  parties  in  any  such 
action,  it  shall  and  may  be  lawful  to  commence  and  prosecute 
the  same  before  any  other  of. the  said  assistant  justices. 

18.  §  CIV.  And  he  it  further  enacted,  That  no  other  or 
greater  fees  shall  be  allowed,  taxed,  taken,  or  demanded  by 
the  said  assistant  justices,  or  by  any  constable  or  marshal 
serving  or  executing  the  process  issued  by  the  said  assistant 
justices,  than  the  following,  that  is  to  say : 

Assistant  Justices^  Fees. 
feetsJot]m7ct  ^^r  entering  every  action,  six  cents, 
isaofn^vvhere  For  cvory  summons  or  warrant,  fifteen  cents. 
fslSeluniiou  For  entering  the  return  of  summons  or  warrant,  six  cents. 
feerrece'^TCd  life  For  entering  an  appearance  or  default,  six  cents. 
iiayor.AWenncn  For  entering  the  substance  of  the  plaintiff's  charge  or  demand, 
ofth^citrof 'i^      upon  the  return  of  process  against  the  defendant  when  serv- 

York — salai  V  not  i     .         i  i  i      i  r 

more  than  $1(500,      cd,  twclvc  and  an  half  cents. 

Si5oo,  March  To',  For  entering  the  substance  of  the  defendant's  plea,  six  cents  ; 
^Tivra o        .p.       ^^^  .^  ^^^j^  charge,  demand,  or  plea  is  exhibited  in  writing, 
it  shall  be  the  duty  of  the  assistant  justice  to  file  the  same 
^  in  his  office. 

For  taking  security,  twelve  and  an  half  cents- 

For  every  venire  to  summon  a  jury,  twenty  cents. 

For  making  a  panel  of  jurors  to  annex  to -venire,  twelve  and 

an  half  cents. 
For  a  subpoena  for  each  witness,  six  cents. 
For  swearing  a  jury,  nineteen  cents. 
For  administering  every  other  oath  in  court,  six  cents. 
For  every  judgment  or  conviction,  and  entering  the  same, 

twenty-five  cents. 
For  every  commitment,  twelve  cents. 
For  every  execution,  twenty-five  cents. 
For  entering  every  adjournment,  twelve  and  an  half  cents. 
And  when  the  parties  shall,  on  the  return  of  process,  meet 
before  the  assistant  justice  (who  issued  the  same)  ^nd  settle 


ASSISTANT  JUSTICES. 

the  same,  the  said  assistant  justice  ishall  be  entitled  to  re- 
ceive twenty-five  cents  for  his  attendance. 


55 


19.  Fees  to  the  Constables  and  Marshals. 

For  serving  eveiy  summons,  nineteen  cents. 

For  serving  every  warrant,  twenty-five  cents. 

For  returning  a  summons  or  warrant,  six  cents. 

For  taking  the  defendant  into  custody,  on  a  mittimus,  com- 
mitment, or  execution,  twelve  and  an  half  cents. 

For  serving  an  execution  for  two  dollars  and  fifty  cents,  or 
under,  twenty-five  cents ;  and  at  the  rate  of  six  cents  for 
eveiy  two  dollars  and  fifty  cents  more. 

For  travelling,  if  the  person  summoned  or  arrested  is  taken 
above  one  mile  from  the  place  where  the  court  is  holden, 
for  every  mile  going  only,  twelve  and  a  half  cents. 

For  summoning  a  jury,  thirty-seven  and  an  half  cents. 

For  going  with  the  plaintiflf  or  defendant  to  procure  security, 
in  cases  where  it  is  ordered  by  the  court,  twenty-five  cents. 

For  notifying  defendant  to  give  security,  where  it  is  ordered 
by  the  court,  twelve  and  an  half  cents. 

For  notifying  plaintiff  for  trial,  twelve  and  an  half  cents. 


CoMtables  and 
marshal's  fees. 


20.  Jurors^  Fees. 

For  every  juror  sworn  in  a  cause,  twelve  and  an  half  cents.      J^o"'  f««^ 

Witnesses^  Fees,  and  Charges  for  summoning  them. 
For  each  witness  necessarily  attending  and  sworn,  twelve    witneweB. 

and  an  half  cents. 
For  serving  a  subpoena  on  each  witness,  tw^elve  and  an  half 
cents.  • 

Jailers'  Fees. 
For  receiving  a  person  committed  on  an  execution,  mittimus, 
or  commitment,  twenty-five  cents.* 


*  See  3  Rev.  Sta.  p.  647,  Laws  of  1813. 
*  Vide  sections  115, 117, 118, 120, 136, 137, 140, 141, 142, 143, 144, 147,  &  149,  of  the  same  act, 
(to  be  found  under  the  head  "  Marine  Court,")  which  of  themselves,  or  by  subsequent  sta- 
tutes, are  made  to  apply  to  Assistant  Justices.  See  also  "  Marine  Court,"  for  many  other 
matters  relating  to  assistant  justices,  besides  the  references  at  the  end  of  this  Title  to  Title 
"  Wards."  Several  of  the  pld  statutes,  particularly  the  aet  of  April  10, 1818,  vol.  4,  c.  79,  re- 
lating to  justices  in  the  country,  formerly  extended  to  this  city,  but  are  all  repealed  by  the 
Revised  Statutes,  and  are  now  considered  as  no  longer  in  force  as  to  this  city,  notwithstand- 
ing sec.  10,  LawE  of  1830,  p.  31. 


5G  ASSISTANT  JU^ITCES. 


CHAP.  XXL 

AN  ACT  relating  to  the  sixth  section  of  the  actj  entitled  "  an 
act  for  the  recovery  of  debts  to  the  value  of  twenty-Jive  dollars" 
and  to  the  ninety-third  section  of  the  act,  entitled  "  an  act  to, 
reduce  several  laws  relating  particularly  to  the  city  of  New- 
York  into  one  act,^^ 

Passed  January?  27,  1817.  Vol.  4,  p.  16. 

Jl^fpLlSliJ  21.  §  1.  Be  itenactedhy  the  people  of  the  State  of  New-York, 
fng'to  seS'^hia  represented  in  Senate  and  Assembly,  That  no  defendant  shall 
demand!.  ^^  precluded  from  having  any  action  against  the  plaintiff,  to 

recover  his  debt  or  demand  or  any  part  thereof,  provided  the 
same  shall  exceed  twenty-five  dollars,  over  and  above  all  just 
set-ofFthe  plaintiff'may  have  against  the  defendant,  exclusive 
of  the  judgment  which  the  plaintiff  may  have  obtained  against 
the  defendant,  notwithstanding  such  defendant  may  have  neg- 
lected to  set  off  the  same  against  the  plaintiff  before  the  jus- 
tice of  the  peace,  or  the  assistant  justice  in  the  city  of  New- 
York,  according  to  the  provisions  of  the  several  sections  of 
the  acts  hereby  amended.* 


CHAP.  CCLX. 

AN  ACT  for  the  relief  of  persons  imprisoned  for  debts  less 
than  twenty-five  dollars  in  the  City  and  County  of  New- 
York, 

•       Passed  April  15,  1817.  Vol.  4,  p.  297. 

.  Vide  the  act  of      22.  §  I.  And  be  it  enacted  by  the  people  of  the  State  of  New- 

19  April,  1825.  7  ^^  '  7.0,  7     /  7  7        mi 

Vol.  A.  p.  331.  re-  loj^k,  represented  in  /Senate  and  Assembly,    Ihat  any  person 
ute  except  as  to  who  shall  bc  confiucd  in  the  jail  of  the  city  and  county  of 

Householders,  in-  _         .  .  ,  . 

serted,  Post.  Ncw-York,  upou  any  execution  or  other  process,  or  by  virtue 
of  any  judgment,  or  order  of  any  court  of  justice,  or  by  war- 
rant from  any  judge  or  justice  for  any  sum  of  money  due  upon 
any  contract  not  exceeding  twenty-five  dollars  exclusive  of 
costs,  such  person  may  apply  to  any  judge  or  justice  of  the  said 
city,  and  upon  making  oath  before  said  judge  or  justice,  in 

*  See  3  Rev.  »tat.  page  65S,  Laws  e>f  1817. 


ASSISTANT  JUSTICES.  S'S' 

"Writing,  that  all  his  real  or  personal  estate  does  not  exceed, 
in  value,  the  sum  of  twenty-five  dollars  over  and  above  such 
articles  as  are  by  law  exempt  from  seizure  by  execution,  such 
judge  or  justice  shall  order  the  keeper  of  the  said  jail  to  dis- 
cjiarge  such  person  from  custody;  and  the  jailor,  on  being 
served  with  a  copy  of  such  order,  shall  discharge  the  said 
prisoner  from  jail  without  taking  any  fee  or  detaining  him 
for  or  on  account  of  any  jail  fees ;  and  the  said  judge  or  jus- 
tice shall  forthwith  file  the  said  affidavit  in  the  office  of  the 
clerk  of  said  city  and  county. 

23.  ^  11.  And  be  it  further  enacted,  That  no  person  discharg-  JJlV  "ngailT^^ 
ed  from  imprisonment  by  virtue  of  this  act  shall  at  any  time 
thereafter  be  imprisoned  for  the  same  cause  ;  and  if  any  per- 
son so  discharged  shall  be  arrested  for  the  same  cause,  it  shall 

be  lawful  for  any  judge  of  the  court  out  of  which  the  process 
upon  which  such  person  shall  be  arrested,  shall  have  issued, 
or  any  justice  of  the  peace  who  shall  have  issued  such  pro- 
cess, to  discharge  such  person  out  of  custody :  Provided,  such 
person  do  enter  an  appearance  or  give  a  warrant  to  some  at- 
torney to  appear  and  plead  to  such  action, 

24.  §  III.  And  be  it  further  enacted,  That  notwithstanding  per?onJ*di8d?ir? 
such  discharge,  every  debt  and  demand,  judgment  and  de-    l^^^°  r©m«a 
cree,  against  the  person  so  discharged,  shall  remain  good 

against  the  estate  real  and  personal  of  such  person,  his  arms 
and  accoutrements  and  other  articles  already  exempted  from 
execution  being  excepted,-  and  any  creditor  at  whose  suit 
such  person  was  confined,  his  executors  and  administrators, 
•and  the  officer  who  ought  to  prosecute  for  any  such  fine  or 
forfeiture,  may  at  any  time  after  such  discharge,  sue  out  a 
new  execution  or  other  process  for  the  said  debt,  sum,  fine  or 
forfeiture,  with  the  costs,  against  the  estate  real  and  personal 
•of  the  person  so  discharged,  such  articles  as  are  exempted 
from  execution  as  aforesaid  being  excepted  in  the  same  man- 
ner and  form  as  if  such  person  had  never  been  so  confined  for 
the  same  ;  and  in  case  no  judgment  shall  be  obtained  at  the 
time  of  such  discharge,  it  shall  be  lawful  for  the  creditor  to 
prosecute  his  action  to  judgment,  and  to  prosecute  any  other 
action  for  the  recovery  of  such  debt  or  sum,  and  to  take  out 
such  execution  therefor,  with  costs,  against  the  estate  real 

8 


^8  ASSISTANT  JUSTICES. 

and  personal  of  the  person  so  discharged,  as  if  such  person 
never  had  been  confined  for  the  same. 

FWJU17.  25.  §  IV.  And  be  it furthe?^  enacted,  That  if  any  person  who 

shall  take  any  oath  by  this  act  required  to  be  taken,  shalj, 
upon  any  indictment  for  perjury,  be  convicted  by  his  own  con- 
fession or  by  verdict,  every  person  so  convicted  shall  suffer 
the  pains  and  forfeitures  which  by  law  are  to  be  inflicted  upon 
any  person  guilty  of  wilful  and  corrupt  perjury,  and  shall, 
likewise,  if  discharged  out  of  execution  by  virtue  of  this  act, 
be  liable  to  be  taken  in  any  process  de  novo^  and  charged  in 
execution  for  the  said  debt,  in  the  same  manner  as  if  he  had 
not  been  taken  and  discharged,  and  shall  never  after  have  the 
benefit  of  this  act.* 


[Forty-Third  Session. —  Vol.  5,  b.  p.  3.] 
CHAP.  I. 


rr«ainbl«> 


Assistant  justices 
to  be  appointed, 
and  powers. 


AN  ACT  to  amend  an  act,  entitled  "  An  act  to  reduce  several 
laws  relating  particularly  to  the  city  of  New-York,  into  one 
act"  so  far  as  it  relates  to  assistant  justices. 

Passed  January  4,  1820. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York  have,  by  their  memorial  to  the  legislature  pray- 
ed that  the  laws  establishing  courts  of  assistant  justices  in 
the  said  city,  may  be  amended,  and  that  the  number  of  assis- 
tant justices  may  be  reduced,  and  they  allowed  salaries,  to 
be  paid  by  the  said  the  mayor,  aldermen  and  commonalty, 
instead  of  fees,  and  also  that  the  said  law  be  amended  in  other 
respects,  in  the  manner  herein  after  provided  for :  Therefore, 

26.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  the  person  adminis- 
tering the  government  of  this  state  for  the  time  being,  by  and 
with  the  advice  and  consent  of  the  council  of  appointment, 
shall  appoint  and  commission  suitable  persons  to  be  assistant 
iuitices  of,  in,  and  for  the  following  wards  in  the  city  of  New- 

*  «•«  8  R«T.  Sti.  p.  653,  last  eolumn,  Lawi  of  1817,  . ;    ', 


ASSISTANT  JUSTICES.  30 

York,  to  wit :  one  for  the  first,  second  and  third  wards  ;  one  ^®/jf  %^  "^k?, 
for  the  fourth  and  sixth  wards  ;  one  for  the  fifth  and  eighth  l^^pi^i'^fi^Jn^  «^^^ 
wards  ;  and  one  for  the  seventh  and  tenth  wards,  to  be  known  fice^and  deJk  for 
and  distinguished  by  the  name  of  assistant  justices  of  the  city  ward!.*  *" 
of  New- York ;  each  of  which  said  assistant  justices  respec- 
tively are  hereby  authorized  and  required  to  hold  a  court  for 
the  trial  of  causes  to  the  amount  of  fifty  dollars  and  under, 
in  all  actions  in  ^hich  jurisdiction  is  given  to  the  assistant 
justices  of  the  city  of  New- York,  in  and  by  the  act  hereby 
amended :  And  further,  That  the  said  assistant  justices  re- 
spectively shall  be  invested  with  all  the  jurisdiction,  power, 
and  authority,  with  respect  to  matters  cognizable  before  them, 
with  which  the  assistant  justices  of  the  city  of  New- York 
have  heretofore  been  invested,  and  shall  also  be  subject  to 
the  performance  of  all  the  duties  imposed  upon  the  said  assis- 
tant justices  :  And  further,  That  during  the  sickness  or  ina- 
bility of  either  of  the  said  justices  to  act,  it  shall  and  may  be 
lawful  for  any  other  justice  in  the  said  city  to  exercise  every 
jurisdiction,  notwithstanding  any  provision  in  this  act  con- 
tained. 


Kn«fntt«b«  pr«- 
Tidad. 


27.  §  II.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  to  provide  suitable  rooms  for  the  accommodation  of 
the  courts  to  be  held  by  the  said  assistant  justices,  and  that 
they  shall  respectively  be  held  within  the  wards  for  which 
the  said  assistant  justices  shall  respectively  be  appointed, 
and  at  such  places  as  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New- York  may  from  time  to  time  provide  for 
that  purpose. 

28.  §  III.  And  be  it  further  enacted,  That  the  jurors  who  shall  ,/"ted"''and'Iu'ti 
be  nominated  for  the  trial  of  actions  before  the  said  assistant  confined  to  the 

Trardt. 

iustices,  shall  be  selected  out  of  the  wards  for  which  they 
shall  respectively  be  appointed :  And  further.  That  all  suits 
shall  be  commenced  before  the  assistant  justice  of  the  wards 
in  which  either  the  plaintiflT  or  defendant  shall  reside,  except 
in  suits  brought  by,  or  in  behalf  of  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  or  by,  or  against  non- 
resident plaintiflTs  or  defendants,  which  may  be  commenced 
and  prosecuted  before  either  of  the  said  assistant  justice* : 
And  further,  That  it  shall  not  be  lawful  for  either  of  the  par- 


M  ASSISTANT  JUSTICES. 

ties  to  any  suit,  before  any  assistant  justices  of  the  city  of 
New- York,  or  before  the  justices  of  the  justices'  court  in  and 
for  the  city  and  county  of  New- York,  after  the  day  in  which 
an  order  has  been  made  for  an  adjournment,  to  demand  of  the 
said  court  that  such  action  be  tried  by  jury. 

Salaries  t<^  u       29^  5  ly^  ^^^  ^^  it  farther  enacted,  That  the  said  assistant 
justices,  instead  of  receiving  for  their  own  use  the  fees  now 
allowed  by  law  to  the  assistant  justices  of  the  city  of  New- 
York,  shall  each  be  paid  a  yearly  salary  of  one  thousand 
,  seven  hundred  and  fifty  dollars,  in  equal  quarterly  payments, 

by  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  out  of  which  the  said  assistant  justices  shall  pay  all  the 
necessary  expenses  of  their  said  courts,  including  fuel,  the 
usual  blank  forms  and  stationary :  And  farther,  That  all  such 
fees  as  may  accrue  or  become  payable,  shall  be  received  for 
the  use  of  the  ma3'or,  aldermen  and  commonalty  of  the  city 
of  New- York,  in  the  manner  herein  after  directed. 

Clerk  to  .ach  30.  §  V.  Ajid  he  it  further  enacted,  That  each  of  the  said 
assistant  justices  shall  have  a  clerk,  who  shall  be  appointed 
and  paid  for  his  services  by  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New- York,  and  shall  be  removable  at 
their  pleasure ;  that  each  of  the  said  clerks,  before  he  shall 
enter  upon  the  duties  of  his  office,  shall  take  an  oath  before 
the  mayor  of  the  said  city,  faithfully  and  honestly  to  discharge 
the  duties  of  his  office,  and  shall  also  enter  into  a  bond,  with 
one  or  more  sufficient  sureties,  to  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  in  the  penal  sum  of  two 
thousand  five  hundred  dollars,  and  conditioned  that  the  said 
clerk  shall  well  and  faithfully  discharge  all  the  duties  of  his, 
office  according  to  law. 

Duty  of  riPrk,      31.  §  VI.  Aud  he  it  further  enacted,  That  the  said  clerks 

procpss  how  sign-  ""  •^  ' 

shall  make  out  and  sign  all  process,  and  cause  to  be  entered 
in  proper  books  to  be  kept  for  that  purpose,  a  docket  or  re- 
gister of  the  returns  of  the  same,  and  also  proper  entries  of 
all  the  proceedings  before  the  assistant  justices  to  whom  they 
shall  respectively  be  appointed  clerk,  and  shall  also  collect 
and  receive  for  the  use  of  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New- York,  all  costs  of  suits  and  fines  which 
,\»ay  be  imposed  by  the  said  assistant  justices  respectively^ 


«d,  &.C. 


ASSISTANT  JUSTICES.  61 

and  exhibit  an  account  of  the  same  monthly  to  the  comptrol- 
ler of  the  said  city,  which  account  shall  state  the  title  of  each 
suit  which  shall  have  been  commenced  in  the  said  court,  in 
which  any  fees  shall  have  been  received,  during  the  preced- 
ing month,  and  the  amount  of  the  fees  which  shall  have  been 
received  in  the  same  respectively,  without  specifying  the  par- 
ticular items,  and  also  the  fines  which  shall  have  been  re- 
ceived, and  by  whom  paid,  which  account  shall  be  verified 
by  the  oath  of  the  clerk,  and  the  amount  of  the  monies  so  re- 
ceived shall  be  forthwith  paid  over  by  him  to  the  chamber- 
lain of  the  said  city  :  And  further,  That  before  any  such  ac- 
count shall  be  delivered  to  the  comptroller,  it  shall  be  exhi- 
bited by  the  clerk  to  the  assistant  justice  in  who::e  court  such 
fees  and  fines  were  collected,  and  it  shall  be  the  duty  of  such 
assistant  justice  to  examine  such  accounts,  and  compare  the 
same  with  the  registers  and  minutes  of  his  court,  and  to  cer- 
tify whether  the  same  appears  to  him  to  be  correct  or  not. 


32.  §  VII.  And  be  it  further  enacted,  That  the  fees  of  the   Few,  by  whom 
assistant  justices  shall  be  paid  by  the  parties  for  whom  the 
respective  services  are  rendered  at  the  time  of  rendering  the 

same. 

33.  ^  VIII.  And  he  it  further  enacted,  That  so  much  of  the  a  certain  section 

'  •'  repealed. 

one  hundred  and  thirty-fifth  section  of  the  act  hereby  amend-  ^IiJ<takc-^tciwr^ 

-'  •'  l.!5  refers  to  exe- 

ed,  as  provides  for  the  appointment  of  one  proper  person  in  J'jjj;^"''^^,^*'"'  'gl® 
and  for  each  of  the  respective  wards  of  the  city  of  New- York,  ^'^l^-  ^-  ^^•^^' 
to  be  known  and  distinguished  by  the  name  of  assistant  jus- 
tices of  the  city  of  New- York,  be,  and  the  same  is  hereby 
repealed,  excepting  so  far  as  relates  to  the  ninth  ward  of  the 
said  city :  Provided  always.  That  the  several  persons  now    Provieo. 
holding  the  said  oflices  shall  be  authorized  to  complete  all 
business  commenced  before  them,  in  the  same  manner  they 
would  have  been  if  this  act  had  not  been  passed. 

34.  §  IX.  And  he  it  further  enacted,  That  it  shall  not  be  law-     Marshnis. 
ful  for  more  than  thirty  of  the  marshals  of  the  said  city  to 

serve  process  issuing  out  of  the  court  of  any  assistant  justice 
of  the  city  of  New- York,  or  out  of  the  justices'  court  in  and 
for  the  city  and  county  of  New- York,  and  that  it  shall  not  be 
lawful  for  any  marshal  to  serve  any  such  process  until  he 
.-'ihall  have  been  commissioned  to  serve  procCv'?s  issuing^  out 


62  ASSISTANT  JUSTICES. 

of  the  said  courts  by  the  mayor  of  the  said  city,  under  his 
hand  and  seal. 

•r'asgistaStlu"  35.  §  X.  And  be  it  further  enacted,  That  the  said  assistant 
justices  to  be  appointed  by  virtue  of  this  act,  shall  respect- 
ively have  and  exercise  the  powers  of  justices  of  the  peace. 

36.  §  XI.  This  section  is  repealed  by  the  act  of  April  7, 1820. 

d?daa.i"r;bfee:  37.  §  XII.  And  be  it  further  enacted,  That  such  parts  of  the 
several  acts  of  the  legislature  of  this  state,  which  shall  relate 
to  the  assistant  justiceis  in  and  for  the  said  city  of  New- York, 
as  are  not  otherwise  provided  for  by  this  act,  shall  have  the 
same  force  and  effect,  to  all  intents  and  purposes,  which  they 
would  have  had  provided  the  provisions  of  this  act  had  been 
incorporated  with,  and  made  part  of  the  act  hereby  amended, 
at  the  time  the  same  was  passed.* 


[Forty 'Third  Session — Vol  5,  b.  p.  6.] 

CHAP.  III. 

AN  ACT  relating  to  the  assistant  justices  of  the  city  oj 
New-York, 

Passed  January  11,  1850. 

f'«''^taj«^  proceed-  39^  ^  j^  ^e  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  notwithstanding 
any  thing  contained  in  **  An  act  to  amend  an  act,  entitled 
**  an  act  to  reduce  several  laws  relating  particularly  to  the 
city  of  New- York  into  one  act,  so  far  as  relates  to  assistant 
justices,"  passed  January  4th,  1820,  the  process  and  proceed- 
ings of  the  assistant  justices  in  and  for  the  said  city  of  New- 
York,  and  of  the  officers  of  the  said  courts,  shall  be  deemed 
legal  and  valid,  to  all  intents  and  purposes,  whether  the  same 
shall  have  been  commenced  or  continued  since  the  passage 
of  the  said  act,  as  if  the  said  act  had  not  been  passed  until 

Marshals.  «(»mns  the  first  day  of  February  next:  And  further.  That  no  mar- 

pr«cess,  &;c. 

*  See  3  Rev.  Sta.  p.  112,  No.  233.    See  3  Rev.  Sta.  p.  655,  let  column. 


ASSISTANT  JUSTICES.  GZ 

shal,  from  and  after  the  said  first  day  of  February,  shall 
servo  process  issuing  out  of  the  marine  court  of  the  city  of 
New- York,  unless  he  is  one  of  the  commissioned  number 
described  in  the  ninth  section  of  the  act  hereby  amended.* 


CHAP.   CLX. 

AN  ACT  to  amend  an  act,  entitled  "  an  act  to  amend  an  act, 
entitled  an  act  to  reduce  several  laws  relating  particularly  to 
the  city  of  New-York  into  one  act,  as  far  as  relates  to  As- 
sistant Justices, ^^  passed  January  Ath,  1820. 

Passed  April  7, 1820.  Vol.  6,  p.  142. 

^  39.  §  I.  BE  it  enacted  by  the  People  of  the  State  of  New-  ^tender''*'*"' 
York,  represented  in  Senate  and  Assembly,  That  the  one 
hundred  and  eighteenth  section  of  the  act  entitled  "  An  act 
to  reduce  several  law^s  relating  particularly  to  the  city  of 
New^-York,  into  one  act,"  passed  April  9th,  1813,  authorizing 
any  marshal  or  constable  of  the  said  city,  whenever  he  shall 
arrest  any  defendant  on  a  warrant  from  the  marine  court  of 
said  city,  to  take  security  for  his  appearance,  in  case  the 
said  court  shall  not  be  sitting,  be,  and  the  same  is  hereby  de- 
clared to  apply  to  warrants  issuing  out  of  the  assistant  jus- 
tices' courts  of  the  said  city  and  county  of  New- York  ;  and 
that  the  regulations  and  provisions  of  the  said  section  shall 
have  the  same  force  and  effect  to  all  intents  and  purposes  in 
the  said  assistant  justices'  courts,  as  the  same  have  or  ought 
to  have  in  the  said  marine  court. 

40.  §  II.  And  be  it  further  enacted.  That  the  one  hundred  eefS'ex'Scnd- 
and  thirty-sixth  and  one  hundred  and  thirty-seventh  sections  ^^' 
of  the  said  act  referred  to  in  the  preceding  section,  regulat- 
ing the  time  and  manner  of  issuing  executions  on  judgments 
for  sums  over  twenty-five  dollars,  in  the  said  marine  court : 
And  also,  the  one  hundred  and  fifteenth  section  of  the  same 
act,  authorizing  the  clerk  of  the  said  marine  court  to  admin- 
ister oaths  in  certain  cases,  where  warrants  are  applied  for, 

*  See  3  Revised  Stalutee,  page  655,  Isl  columa. 


61 


ASSISTANT  JUSTICES. 


be,  and  the  same  are  hereby  declared  to  apply  to  the  assist-' 
ant  justices*  courts  of  the  said  city,  and  the  clerks  of  the 
same  in  relation  to  the  administering  of  such  oaths  ;  and 
that  the  regulations  and  provisions  of  the  said  sections  shall 
have  the  same  force  and  effect  in  the  said  assistant  jus- 
tices' courts,  and  every  of  them,  as  they  have  or  ought  to 
have  in  the  marine  court  of  the  said  city,  excepting  so  much 
of  the  said  one  hundred  and  thirty-seventh  section,  as  relates 
particularly  to  the  marine  causes,  and  as  is  contained  in  the 
second  proviso  thereof. 


Foes  to  lisslsthnt 
Justices. 


41.  §  III.  And  be  it  further  enacted,  That  the  fees  which 
shall  be  paid  to  the  assistant  justices,  in  all  cases  where 
more  than  twenty-five  dollars  shall  be  recovered,  shall  be  the 
same  as  are  paid  to  the  justices  of  the  marine  court  of  the 
city  of  New-York. 


Certain  cectlons 
repealed. 


42.  §  IV.  And  he  itfurthet  enacted.  That  the  eighth  seetioti 
of  an  act  entitled  "  an  act  to  extend  the  jurisdiction  of  jus- 
tices of  the  peace,"  passed  April  10th,  1818,  as  far  as  the 
same  relates  to  the  assistant  justices  of  the  city  of  New- 
York,  and  also,  the  eleventh  section  of  the  act  hereby  amend- 
ed, be,  and  the  same  are  hereby  repealed. 


Fees  to  consta- 
bles and  mar- 
shals. 


43.  §  V.  And  he  it  further  enacted,  That  the  like  fees  shall 
be  allowed  to  the  constables  and  marshals  in  the  assistant 
justices'  courts  in  the  city  of  New- York,  where  more  than 
twenty-five  dollars  are  recovered  exclusive  of  costs,  as  are 
now  allowed  the  constables  and  marshals  in  like  cases,  in 
the  marine  court  of  the  city  of  New- York. 


Suits  on  bail 
bonds,  tec 


44.  §  VI.  And  he  it  further  enacted,  That  the  said  assistant 
justices  shall  have  cognizance  of  all  suits  upon  bail  bonds, 
and  cognizance  taken  in  their  courts,  or  by  the  officers  there- 
of, although  the  sum  demanded  exceeds  fifty  dollars.* 


VII.  This  section  repealed  27th  March,  1821.     Laws  of 
1821,  p.  155. 

♦  Soc  Revised  Statutes,  page  656,  2nd  column.     / 


ASSIST AxNT  JUSTICES. 


AN  ACT  to  repeal  an  Act  for  the  relief  of  Persons  imprison- 
ed for  Debts  less  than  Twenty-Five  Dollars  in  the  City  and 
County  of  New-York, passed  April  \bth,  1817. 

Passed  April  19,  1825. 

Be  it  enacted  by  the  People  of  the  State  of  New-Yorkj  repre- 
sented  in  Senate  and  Assembly,  That  the  act  entitled  "  An  act 
f*or  the  reUef  of  persons  imprisoned  for  debts  less  than  twenty- 
five  dollars,  in  the  city  and  county  of  New- York,"  be  and  the 
same  is  hereby  repealed,  except  as  to  any  person  being  a 
householder  in  the  said  city :  And  provided,  That  nothing 
herein  contained,  shall  be  taken  to  repeal  any  law  whereby 
females  are  exempt  from  imprisonment.* 


A«t  repealed. 


ProrlM, 


CHAR  CCLXII. 

AN  ACT  to  authorize  the  appointment  of  an  Assistant  Jus- 
tice and  Clerk,  for  the  Ninth  and  Eleventh  Wards  of  the 
City  of  New-York. 

Passed  April  14,  1827. 

46.  §  L  Be  it  enacted  by  the  People  of  the  State  of  New-  ^^^'^1%^^^^^ 
York,  represented  in  Senate  and  Assembly,  That  the  assistant  gj^ainrcf  from  Jul 
justices  already  to  be  appointed  or  hereafter  to  be  appointed,  gj^fwardl '"  *^* 
pursuant  to  the  act  of  the  4th  of  January,  1820,  entitled  "  an 
act  to  amend  an  act,  entitled  an  act  to  reduce  several  laws 
relating  particularly  to  the  city  of  New- York  into  one  act," 
so  far  as  relates  to  assistant  justices,  for  the  fifth  and  eighth 
wards  of  the  city  of  New- York,  shall  for  ever  hereafter  be 
relieved,  restrained  and  prohibited  from  having  or  exercising 
jurisdiction  in  the  ninth  ward  of  the  said  city  :  and  that  the 
assistant  justice  already  to  be  appointed,  or  hereafter  to  be 
appointed,  pursuant  to  the   act  above  mentioned,   for   the 
seventh  and  tenth  wards  of  the  said  city,  shall  in  like  manner 
be  relieved,  restrained  and  prohibited  from  exercising  juris- 
diction in  the  eleventh  ward  of  the  said  city,  any  thing  con- 

*  See  .1  Rc\ .  Slat,  page  66ft.  2nd  ciluran, 

0 


C«  AUCTIONEERS. 

tained  in  the  act  entitled  "  an  act  to  equalize  and  increase  the 
number  of  wards  in  the  city  of  New- York,"  passed  April  16th, 
1825,  or  in  any  other  act  or  acts,  to  the  contrary  notwith- 
standing. 

Assistant  justice  47.  §  II.  And  he  it  further  enacted.  That  there  shall  be  ap- 
iith  wards.  pointed  and  commissioned  by  the  common  council  of  the  city 
of  New- York,  according  to  law,  a  suitable  person  to  be  as- 
sistant justice  in,  of  and  for  the  ninth  and  eleventh  wards  of 
the  said  city  ;  and  another  suitable  person  to  be  clerk  of  such 
assistant  justice  ;  and  that  all  the  provisions  as  to  the  salary, 
title  and  jurisdiction  of  such  justice  and  clerk,  and  in  all 
other  respects  whatever,  contained  in  the  act,  entitled  "  an 
act  to  amend  an  act,  entitled  "  an  act  to  reduce  several  laws 
relating  particularly  to  the  city  of  New- York  into  one  act, 
so  far  as  relates  to  assistant  justices,"  passed  January  4th, 
1820,  or  any  act  or  acts  in  addition  to,  or  altering  or  amend- 
ing the  same,  shall  be  construed  to  apply  to  the  said  assist- 
ant justice  and  clerk  so  to  be  appointed  for  the  said  ninth 
and  eleventh  wards,  in  like  manner  as  if  this  act  was  incor- 
porated with  and  made  part  of  the  said  last  mentioned  act.* 


CHAP.  XVII. 

OP   THE    REGULATIOiN    OP   TRADE    IN    CERTAIN    CASES. 

Revised  Statutes,   Vol.  1.  j9.  528. 

TITLE  I. 

:  0*F  SALES  BY  AUCTIONEERS. 

Bic.  I.  Duties  upon  goods  sold  at  auction. 

2.  Goods  how  to  be  struck  off.    Duties  if  purcliased  by  auctioneer  or  owner. 

3.  Goods  sold  by  auctioneer  at  private  sale,  subject  to  duties. 

4.  Articles  exempt  from  duties. 

5.  When  goods  liable  to  duties  shall  be  exempt. 

6.  By  whom  sales  at  auction  to  be  made. 
.    7.  Penalty  for  violating  preceding  section. 

8.  When  auctioneers  may  employ  a  partner  or  clerk  to  hold  auction  in  their  name. 

9.  Goods  damaged  at  sea,  under  whose  direction  sold. 

10.  Inspectors  of  damaged  goods  to  be  appointed. 

11.  Auctioneers  to  give  bonds. 

12.  Bonds  by  whom  to  be  approved  of. 

''*  See  3  Rev.  Stat,  page  153,  number  520,  repealing  this  statute :  but  see  1  Rev.  Stat, 
liaae  97,  and  law«  of  1830,  page  31,  «ec.  10. 


AUCTIONEERS.  67 

13.  Approbation  to  be  endorsed,  and  bond  to  be  dolivored  to  comptroller. 

14.  Officer  taking  bond,  to  give  notice  to  comptroller. 

15.  Penalty  for  selling  goods  jvithout  giving  bond. 

16.  Penalty  on  auctioneer  for  accepting  appointment  for  another  state,  &c. 

17.  No  auctioneer  at  same  time  to  have  more  than  one  auction  house  or  store. 

18.  Not  to  sell  at  any  place  different  from  that  designated,  except  in  certain  cases. 

19.  Penalty  for  violating  two  last  sections. 

20.  Common  council  of  cities  may  designate  places  for  sale  of  horses,  &c. 

21.  Auctioneers  to  give  two  days'  notice  of  sales  not  made  at  their  auction  store. 

22.  Five  hundred  dollars  penalty  for  violating  last  section. 

23.  Auctioneer  to  receive  2  1-2  per  cent,  commission,  unless  an  agreement  for  more. 

24.  Penalty  for  \iolating  last  section. 

25.  When  goods  liable  to  duties  are  not  to  be  sold  at  private  sale. 

26.  When  auctioneer  to  make  a  memorandum  of  sale. 

27.  Auctioneers  to  account  quarterly ;  contents  of  account. 

28.  Account  to  be  exhibited  to  mayor  or  recorder  of  cities,  or  to  county  judge. 

29.  Oath  of  auctioneer  rendering  account. 

30.  Partnenof  auctioneer  also  to  make  oath  of  truth  of  account. 

31.  In  account  rendered,  partner  or  clerk  of  auctioneer  to  state  sales  made  by  him,  &e. 

32.  Auctioneer  to  pay  duties  in  ten  days  alter  rendering  account. 

33.  To  whom  and  where  paj'ments  to  be  made. 

34.  Receipts  taken  for  such  payments  to  be  sent  to  comptroller. 

35.  Auctioneer  selling  no  goods  liable  to  duties,  to  make  affidavit  thereof. 

36.  Penalty  on  auctioneer  for  neglect  of  duties  prescribed  in  nine  last  sections. 

37.  Comptroller  to  publish  every  such  neglect ;  appointment  forfeited. 

33.  Certain  goods  in  New- York  to  be  sold  between  sunrise  and  sundown ;  penalty." 

39.  Penalty  on  auctioneer  guilty  of  fraud  in  execution  of  his  duties. 

40.  Forfeitures  imposed  by  this  Title,  how  to  be  collected  and  applied. 

§  1.  All  cjoods,  wares  and  merchandise,  and  every  other    Duties  on  aue. 

r  1  ,  •    1       I     n        '  -1  tion  sales. 

Species  01  personal  property,  which  shall  at  any  time  be  ex- 
posed to  sale  by  public  auction  within  this  state,  with  the  ex- 
ceptions mentioned  in  the  fourth  and  fifth  sections  of  this  Title, 
shall  be  subject,  each  and  every  time  they  shall  be  struck  off, 
to  duties  at  the  following  rates,  namely : 

1.  All  wines  and  ardent  spirits,  foreign  or  domestic,  at  the 
rate  of  two  dollars  on  every  hundred  dollars  ; 

2.  All  goods,  wares,  merchandise,  and  effects  imported 
from  any  place  beyond  the  Cape  of.Good  Hope,  and  sold  in 
packages,  bales,  trunks  or  casks,  as  imported,  at  the  rate  of 
one  dollar  on  every  hundred  dollars  : 

3.  All  other  goods,  wares,  merchandise,  and  effects,  at  the 
rate  of  one  dollar  and  fifty  cents  on  every  hundred  dollars. 

The  duties  shall  be  calculated  on  the  sums  for  which  the 
goods  so  exposed  to  sale  shall  be  respectively  struck  off,  and 
shall  in  all  cases  be  paid  by  the  person  making  the  sale.(l) 

^  2.  Goods  sold  by  auction,  shall  in  all  cases  be  struck  offHow  to  be  struck 
,     ,         ,  .  off- 

to  the  highest  bidder ;  and  where  the  auctioneer  or  owner,  or 

any  person  employed  by  them  or  either  of  them,  shall  be  such 

(1)  LawioflRlT,  p.  32fi,  ^>l. 


f»  AUCTIONEERS. 

bidder,  they  shall  be  subject  to  the  same  duties  as  if  struck  off 
to  any  other  person ;  but  this  section  shall  not  be  construed 
to  render  valid  any  sale,  thatv  would  otherwise  be  deemed 
fraudulent  and  void.(l) 

Private  sales  by  J  3.  ^11  articles  which  shall  be  sold  bv  an  auctioneer  on 
commission,  whether  at  auction  or  private  sale,  shall  be  liable 
to  the  payment  of  the  duties  before  enumerated.  (2) 

Artieiea  exempt.  §  4.  jNfo  auction  duties  shall  be  payable  upon  the  following 
goods  and  articles : 

1.  Ships  and  vessels: 

2.  Utensils  of  husbandry,  horses,  neat  cattle,hogs  and  sheep: 

3.  Articles  of  the  growth,  produce  or  manufacture  of  this 
state,  except  distilled  spirits  : 

4.  All  fabrics  of  cotton,  wool,  hemp  and  flax,  manufactured 
within  the  jurisdiction  of  the  United  States. (3) 

Baiei  exempt.  §  5.  Goo'ds  and  chattels  otherwise  liable  to  the  auction  du- 
ties, shall  be  exempt  therefrom,  if  they  shall  be  sold  under  the 
following  circumstances : 

1.  If  they  shall  belong  to  the  United  States,  or  to  this  state : 

2.  If  they  shall  be  sold  under  any  judgment  or  decree  of 
any  court  of  law  or  equity  ;  or  under  a  seizure  by  any  public 
officer,  for  or  on  account  of  any  forfeiture  or  penalty ;  or  under 
a  distress  for  rent: 

3.  If  they  shall  belong  to  the  estate  of  a  deceased  person, 
and  be  sold  by  his  executors  or  administrators,  or  by  any  per- 
son duly  authorized  by  a  surrogate  : 

4.  If  they  shall  be  the  effects  of  a  bankrupt  or  insolvent,  and 
be  sold  by  his  assignees  appointed  pursuant  to  law,  or  by  a 
general  assignment  for  the  benefit  of  all  the  creditors  of 
such  bankrupt  or  insolvent : 

5.  If  they  shall  be  goods  damaged  at  sea,  and  be  sold  with- 
in twenty  days  after  they  shall  have  been  landed,  for  the  be 
nefitofthe  owners  or  insurers. (4) 


Baiet  by  whom  §  6.  All  sales  at  public  auction  in  the  city  of  New- York, 
not  under  the  authority  of  the  United  States,  and  all  such  sales 
in  other  parts  of  the  state  where  duties  are  payable  on  the 

flj  Lawf  sf  181T,  r-  »6,  4  1.      (5)  lb.  ^  11.       (3)  lb,  $  8.        (4)  Law-s  of  1817,  p.  399,  $  9. 


AUCTIONEERS.  09 

effects  to  be  sold,  shall  be  made  by  an  auctioneer  who  shall 
have  given  the  security  herein  after  required,  or  by  a  copart- 
ner or  clerk  of  an  auctioneer  duly  authorized  under  the  pro- 
visions of  this  Title ;  but  where  no  duties  are  payable,  all 
such  sales,  except  in  the  city  of  iVew- York,  may  be  made  by 
any  citizen  of  this  state.  (5) 

§  7.  Every  person  who  shall  sell,  or  attempt  to  sell,  at  pub-  Penalty, 
lie  auction,  any  goods  or  efiects,  contrary  to  the  provisions  of 
the  last  preceding  section,  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  fine  or  imprisonment,  or  both,  in  the 
discretion  of  the  court  by  which  he  shall  be  tried :.  the  fine  in 
no  case  to  exceed  five  hundred  dollars ;  the  imprisonment, 
three  months. (6) 

§  8.  Every  auctioneer,  in  case  of  his  inability  to  attend  an  cje^JP^""^"®'  *'  • 
auction,  by  sickness,  by  his  duty  as  a  fireman,  by  reason  of 
military  orders,  or  by  liis  necessary  attendance  in  a  court  of 
justice,  or  in  case  of  his  temporary  absence  from  the  city  or 
place  for  which  he  is  appointed,  may  employ  a  copartner  or 
clerk  to  hold  such  auction  in  his  name  and  behalf.  (7) 

§  9.  Goods  damaged  at  sea,  and  sold  for  the  benefit  of  the  ^f^^^'^  damaged 
owners  or  insurers,  shall  be  sold,  in  the  city  of  New- York, 
under  the  direction  of  the  wardens  of  the  port,  and  in  other 
cities  and  counties  of  the  state,  under  the  direction  of  persons 
appointed  to  inspect  damaged  goods  in  the  city  or  county 
where  the  sale  is  made.  (8) 

§  10.  One  or  more,  not  exceedinr^  three,  inspectors  of  da-    Tnappcto™  of 

,  °  ^  eueh  goods. 

maged  goods,  whenever  their  appointment  shall  be  necessary, 
shall  be  appointed  in  the  cities  of  Albany,  Troy  and  Hudson, 
by  the  mayor  or  recorder  of  those  cities  respectively ;  and  in 
every  other  county  of  the  state,  by  any  judge  of  the  county 
courts,  to  whom  application  for  that  purpose  shall  be  made.  (8) 

§  11.  No  person  appointed  to  the  office  of  an  auctioneer,         Bond, 
shall  execute  the  duties  of  such  office,  until  he  shall  have  en- 
tered into  a  bond  to  the  people  of  this  state,  wdth  two  suffi- 
cient freeholders  as  his  sureties,  in  the  penalty  of  five  thou- 

0)  lb.  Lawi  of  1824,  p.  37,  §  2.  (fi)  lb.  p.  3?,  $  •.    (?)  Law«  oflSlT,  p.  331,  $  11.    (8)  lb.  ^  t. 


70  AUCTIONEERS. 

sand  dollars,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office,"  and  for  the  payment  of  the  duties  that  are, 
or  shall  be  imposed  by  law,  and  that  shall  accrue  on  sales 
made  by  him,  or  under  his  direction,  by  virtue  of  his  office.  (9) 

How  approved.  ^  13^  g^^,}^  ^ond,  if  executed  by  an  auctioneer  appointed 
in  a  city,  shall  be  taken  and  approved  of  by  the  mayor  or  re- 
corder of  such  city ;  and  if  executed  by  an  auctioneer  ap- 
pointed for  a  county,  by  any  judge  of  the  coiunty  courts  of 
such  county.  (9)    . 

iiow  disponed  of.  §  13.  The  officcr  taking  the  bond  shall  endorse  upon  it  a 
certificate  of  his  approbation,  and  of  the  day  on  v^hich  it  was 
taken,  and  shall  deliver  the  bond  thus  endorsed  to  the  auc- 
tioneer by  whom  it  shall  have  been  executed,  w^ho  within  ten 
days  thereafter  shall  deliver,  or  cause  the  same  to  be  deliver- 
ed, to  the  comptroller.  (9) 

lb.  §  14.  Every  officer  taking  such  bond,  shall,  without  delay, 

transmit  a  notice  to  the  compt  ulle.',  stating  the.  name  of  the 
auctioneer  and  liis  sureties  entering  into  the  bond,  and  the 
day  on  which  the  same  was  executed  and  approved. 

Penalty  for  net.      §  15.  Evcry  auctionccr  who  shall  sell  any  goods,  wares, 

mgwjtiout  on  •  jj^gpj^hg^j^jjse^  or  effects,  by  public  auction,  without  having 

given  the  security  above  required,  shall  forfeit  the  sum  of  one 

hundred  and  twenty-five  dollars  for  each  article  so  exposed 

by  him  to  sale. (9) 

Further  penalty  J  §  1 6.  Evory  auctioneer  who,  during  his  term  of  office,  shall 
accept  an  appointment  as  auctioneer  from  any  other  state,  or 
who  shall  be  concerned  as  principal  or  partner  in  selling  any 
goods,  w^ares,  merchandise,  or  effect,  in  any  other  state  by 
public  auction,  or  who  shall  receive  any  reward,  compensa- 
tion, or  benefit,  for  or  on  account  of  any  such  sale,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  for- 
feit his  appointment,  and  be  incapable  for  ever  thereafter  of 
acting  as  an  auctioneer  within  this  state.(lO) 

Auctioneers  to      §  17.  No  auctionccr  in  any  city  of  this  state  shall  at  the 
Srhouso''' ''"''"  same  time  have  more  than  one  house  or  store,  for  the  purpose 

<9)  I.aws  of  1817.  p.  3-27.  $  4.        (10)  lb.  ^  16. 


AUCTIONEERS.  ?1 

of  holding  his  auctions  ;  and  every  such  auctioneer,  before  he 
shall  enter  on  the  execution  of  his  office,  shall  designate,  in  a 
writing  signed  by  him,  sjch  lu  use  or  store,  and  shall  also 
name  therein  the  partner  or  partners,  if  any,  engaged  with 
him  in  business,  and  shall  file  such  wTiting  with  the  clerk  of 
the  city  for  which  he  shall  be  appointed.  (11) 

§  18.  No  such  auctioneer  shall  expose  to  sale  by  P^"^^^^^  ei5.^^;j^JJg' ^°  *®" 
auction,  any  goods  or  articles  liable  to  auction  duties,  at  any 
other  place  than  that  designated  in  the  writing  so  deposited 
by  him,  except  goods  sold  in  original  packages  as  imported.  Exceptions, 
household  furniture,  and  such  bulky  articles  as  have  usually 
been  sold  in  warehouses,  or  in  the  public  streets,  or  on  the 
wharves.  (12) 


§  19.  Every  such  auctioneer  who  shall  violate  any  provi- 
sion of  the  two  last  sections,'shall  be  deemed  guilty  of  a  mis- 
demeanor, punishable  by  a  fine  not  exceeding  two  hundred 
and  fifty  dollars  for  each  offence. (12) 


Penalty. 


§  20.  The  common  council  of  each  city  in  this  state  may  piace  for  sale  of 

liors€s  fee 

designate  such  place  or  places,  within  such  city,  for  the  sale 
by  auction  of  horses,  carriages,  and  household  furniture,  as 
they  shall  deem  expedient.  (12) 

§  21.  Every  auctioneer  in  a  city  shall  give  at  least  two  Not'^e  of  certain 
days  previous  notice,  in  one  or  more  of  the  public  newspapers 
printed  in  the  city  for  which  he  shall  be  appointed,  of  every 
auction  sale  that  shall  be  lawfully  made  by  him,  at  any  other 
place  than  the  house  or  store  designated  by  him,  in  the  man- 
ner above  required.  (13) 

§  22.  Every  auctioneer  who  shall  violate  the  provisions  of    Penalty, 
the  last  section,  shall  forfeit  the  sum  of  five  hundred  dollars 
for  each  offence.  (13) 


§  23.  No  auctioneer  shall  demand  or  receive  a  higher  com- 
pensation for  his  services,  than  a  commission  of  two  and  one 
half  per  cent,  on  the  amount  of  any  sales,  public  or  private, 
made  by  him,  unless  by  virtue  of  a  previous  agreement  in 


Commission. 


(11)  lb.  J  9.       (12)  Lawfs  of  1817,  p.  330,  ^  9.      (13)  lb.  sec.  13. 


72  AUCTIONEERS. 

writing,  between  him  and  the  owner  or  consignee  of  the 
goods  or  effects  sold.  (14) 

Penalty.  ^  24.  Every  auctioneer  who  shall  violate  the  provisions  of 

the  last  section,  shall  forfeit  the  sum  of  two  hundred  dollars, 
to  every  person  from  whom  he  shall  demand  or  receive  an 
unlawful  compensation  or  commission,  and  shall  also  be  lia- 
ble to  refund  the  monies  so  illegally  received.  (14) 

whfn^Ind  wS  5  25.  No  auctioneer,  on  the  day  and  at  the  place  where 
prohibited.  j^jg  public  auction  shall  be  held,  or  any  person  whatever,  on 
the  same  day  and  at  the  same  place,  shall  sell  at  private  sale 
any  goods  or  effects  liable  to  auction  duties  ;  and  every  per- 
son who  shall  violate  this  provision,  shall  forfeit  a  sum  equal 
to  the  price  for  which  such  goods  have  been  sold.  (15) 

^Entry  in  sale  j  26,  When  the  goods  shall  be  struck  off  at  auction,  and 
the  bargain  shall  not  be  immediately  executed  by  the  pay- 
ment of  the  price,  or  the  delivery  of  the  goods,  it  shall  be 
the  duty  of  the  auctioneer,  to  enter,  in  a  sale-book  to  be  kept 
by  him  for  that  purpose,  a  memorandum  of  the  sale,  specify- 
ing the  nature,  quantity  and  price  of  the  goods,  the  terms  of 
sale,  and  the  names  of  the  purchaser,  and  of  the  person  on 
whose  account  the  sale  is  made. 


count. 


Quarteiiy  ac  ^  g?.  Every  auctioneer  who  shall  havo  entered  into  the 
bond  required  by  law,  shall  make  out  in  writing  a  quarterly 
account,  dated  on  the  first  days  of  April,  July,  October  and 
January,  in  the  year  for  which  he  is  appointed,  and  shall  there- 
in state  minutely  and  particularly, 

1.  The  sums  for  which  any  goods  or  effects  shall  have  been 
sold  at  every  auction  held  by  him,  or  in  his  behalf,  from  the 
time  of  his  entering  into  such  bond,  or  the  date  of  his  last 
quarterly  account : 

2.  The  days  on  which  sales  were  so  made,  and  the  amount 
of  each  day's  sale,  designating  the  sales  made  by  himself  or  in 
his  presence,  and  those  made  in  his  absence  by  a  partner  or 
clerk  acting  in  his  behalf,  and  specifying  the  causes  of  such 
absence : 

3.  The  amount  of  all  private  sales  made  by  himself  or  any 
of  his  partners,  on  commission,  and  the  days  on  which  such 
sales  were  made : 

(14)  Lam  ©f  1817,  p.  330.  sec.  14.       (^15)  lb.  «ee.  11. 


.    ^  AUCTIONEERS.  71, 

4.  The  amount  of  the  duties  chargeable  under  the  proyi- 
s'ions  of  this  Title,  on  all  the  sales,  public  and  private,  men- 
tioned in  the  account.  (10) 

§  28.  Every  such  account,  within  twenty  days  after  the  day  ^To^who«««ki- 
on  which  it  is  dated,  shall  be  exhibited,  if  made  out,  by  an  auc- 
tioneer appointed  in  a  city,  to  the  mayor  or  recorder  of  such 
city ;  and  if  by  an  auctioneer  appointed  for  a  county,  to  any 
judge  of  the  county  courts  of  such  county.  (16) 

§  29.  Every  auctioneer  exhibiting  an  account,  shall  take  the     o»»*> 
following  oath,  before  the  officer  to  whom  the  account  shall 

be  Exhibited:    "I do  solemnly  and  sincerely 

swear,  (or  affirm)  that  the  account  now  exhibited  by  me,  and 
to  which  I  have  subscribed  my  name,  contains  a  just  and  true 
account  of  all  the  goods,  wares,  merchandise  and  effects,  sold 
or  struck  off,  or  bought  in  by  me,  at  public  sale,  or  sold  by  me 
at  private  sale  on  commission,  whether  subject  to  duty  or  not, 
or  sold,  struck  off,  or  bought  in  as  aforesaid,  by  others  in  my 
name,  or  under  my  direction,  or  for  my  benefit,  within  the  time 
mentioned  in  the  within  account ;  and  of  the  days  upon  which 
the  same  were  respectively  sold ;  and  that  I  have  attended, 
personally,  such  of  the  said  public  sales  as  are  not  stated  in 
the  said  account  to  have  been  made  without  my  attendance  ; 
and  that  the  causes  therein  mentioned,  of  my  absence  from 
such  sales  as  I  did  not  attend,  are  truly  stated :  that  I  have 
examined  the  entries  of  all  the  sales  mentioned  in  said  ac- 
count in  the  book  kept  by  me  .for  that  purpose,  and  fully  be- 
lieve this  account  to  be  in  all  respects  correct ;  and  further, 
that  I  have,  during  the  time  therein  mentioned,  conformed, 
in  all  things,  to  the  true  intent  and  meaning  of  the  laws 
regulating  aales  by  auctioneers,  according  to  the  best  of  my 
knowledge,  information  and  belief."  Such  oath  shall  be  re- 
duced to  writing,  be  endorsed  on  the  account,  and  be  sub- 
scribed by  the  auctioneer  taking  it.  (17) 


make    oath. 


§  30.  Every  partner  of  such  auctioneer  shall  also  make  Panneraisoto 
and  subscribe  an  oath,  to  be  endorsed  on  the  account,  that  he  '""''" 
believes  the  account  so  rendered  to  be  just  and  true  in  every 
particular.  (17) 


L16j  Laws  of  1817,  p  32?,  $  5  &,  5,  [i*]  ib.  sec.  IL 

10 


Af/.' 


^4  AUCTIONEERS. 

S°e7er?ai?r«?     5  31.  Eveiy  partner  or  clerk,  who  shall  have  made  any 
eounu  gg^ig  Qj^  behalf  of  an  auctioneer,  shall,  in  the  account  render- 

^  cd  by  such  auctioneer,  set  his  ^  name,  or  the  initials  thereof, 

opposite  to  each  sale  made  by  him,  mentioned  in  such  ac- 
'  •  count ;  and  shall  make  and  subscribe  an  affidavit  to  be  an- 
nexed to  such  account,  stating  that  the  sales  so  noted  are  all 
the  sales  liable  to  auction  duties,  public  or  private,  made  by 
him  within  the  time  mentioned  in  the  account,  and  that  the 
account  of  such  sales,  so  therein  stated,  is  just  and  true ; 
that  such  sales  w^ere  made  by  him,  in  the  absence  of  such 
S^uctioneer,  who  was  unable  to  attend  from  the  causes  spe- 
cified in  his  account ;  and  that  in  all  acts  performed  by  him, 
in  behalf  of  such  auctioneer,  during  the  time  aforesaid,  he 
had  endeavoured  to  conform  to  the  true  intent  and  meaning 
of  the  laws  regulating  sales  by  auctioneers.  (18) 

i>atiM  when  to       K  ^2.  Even'  auctioneer,  witiiin  ten  davs  after  he  shall 

be  paid.  .     .      "      . 

have  exhibited  his  account,  shall  pay  for  the  use  of  this  state, 
the  duties  accrued  on  the  sales  mentioned  in  the  account,  to- 
gether with  the  additional  sum  of  two  and  half  per  cent,  on 
the  whole  amount  of  such  duties,  and  immediately  after  such 
payment,  shall  deliver  or  transmit  such  account,  with  the 
affidavits  endorsed  thereon,  and  annexed  thereto,  to  the 
comptroller,  to  be  filed  in  his  offxe.(19) 

uTbTKado.'^^*'^*  §  33.  Every  such  payment,  if  made  by  an  auctioneer  ap- 
pointed for  any  other  place  than  the  city  of  New- York,  shall 
be  made  to  the  treasurer  of  this  state,  and  by  every  auc- 
tioneer in  the  city  of  New- York,  shall  be  made  to  such  bank, 
in  the  city  of  New-York  as  shall  be  designated  by  the 
comptroller,  as  entitled  to  the  state  deposits  according  ta 
law ;  and  the  receipt  of  the  proper  officer  of  the  bank  shall 
be  taken  therefor.  (19) 

to*com\ro^er°*  ^  ^'^'  ^^^  auctioneer  taking  such  receipt  shall  immedi- 
ately transmit  the  same  to  the  comptroller,  who  shall  there- 
upon certify  such  payment  to  the  treasurer,  and  charge  him 
with  the  amount  thereof.  (19) 

«K bi^made "°  ^  ^^-  Every  auctioneer  who,  within  the  period  limited  for 
his  accounting,  shall  have  made  no  sales,  public  or  private^ 

(U)  La\Tt  of  1817.  p.  325.  ifc  5  &.  6,  [l^nb-  »cc.  5, 6,  fe  19 


AUCTIONEERS.  ^ 

of  goods  or  effects  liable  to  auction  duties,  shall  make  and 
subscribe  an  affidavit  of  those  facts,  before  any  officer  to 
whom  his  account,  had  such  sales  been  made  by  him,  might 
have  been  exhibited,  and  shall  transmit  a  copy  of  such  affi- 
davit, certified  by  the  officer  taking  it,  to  the  comptroller, 
within  the  same  time  that  an  account  is  required  to  be  ren- 
dered. 

§  36.  Every  auctioneer,  and  every  partner  or  clerk  of  an  penaip-  for  b<c- 
auctioneer,  who  shall  refuse  or  neglect  or  perform  any  act 
or  duty,  which  in  either  of  the  last  nine  sections  he  is  requir- 
ed to  perform,  shall,  for  each  offence,  forfeit  to  the  people  of 
this  state  the  sum  of  seven  hundred  and  fifty  dollars. 

§  37,  h  shall  be  the  duty  of  the  comptroller  to  certify  and  Publication  of 
publish  in  the  state  paper,  every  such  refusal  or  neglect  of  an 
auctioneer^  and  from  the  time  of  such  publication,  the  de- 
linquent auctioneer  therein  named,  shall  be  deeined  to  have 
forfeited  his  appointment,  and  shall  be  incapable  of  doing 
any  act  by  virtue  thereof. 

§  38.  All  sales  of  goods,  by  public  auction,  in  the  city  of  ^*J^'J*°  *'^*''' 
New- York,  by  an  auctioneer,  shall  be  made  in  the  day  time, « 
between  sunrise  and  sunset,  excepting, 

1.  Books,  or  prints  : 

2.  Goods  sold  in  the  original  package,  as  imported,'  ac- 
cording to  a  printed  catalogue,  of  which  samples  shall  have--; 
been  opened  and  exposed  to  pubhc  inspection,  at  least  ona  ^ 
day  previous  to  the  sale.  -  '"^--r: 

Every  auctioneer  who  shall  violate  the  provisions  of  this-  f ««^tT. 
section,  shall  be  deemed  guilty  of  a  misdemeanor,  and  oa- 
conviction,  shall  forfeit  his  appointment.  il 

§  39.  Every  person  who  shall  be  guilty  of  any  fraud  or  de^^;  n> 
ceit,  in  the  execution  of  this  Title,  or  who  shall,  by  an^ 
fraudulent  means,  seek  to  elude  or  defeat  its  operation,  shall  .^^ 
be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  treblo. 
damages  to  the  party  injured.  ?if^^5   .«^ 

§  40.  All  forfeitures,  imposed  in  this  Title,  and  not  other-  forfeiture,  how 

•    n  •  1        ,     11    .  ,    „  proe««uted  for. 

wise  specially  appropriated,  shall  be  prosecuted  for,  by  the 
district  attorney  of  the  county  in  which  the  offence  shall  b« 


74 


AUCTIONEER.S.^ 

eommitted,  in  the  name  of  the  people  :  and  it  shall  be  tlie 
duty  of  the  comptroller  to  give  imnagiiate  notice  to  the 
proper  dikrict  attornej^  of  e^ery  such  mrfeiture  believed  to 
have  been  incurred.  The  monies  recovered,  deducting  a 
proper  compensation  to  the  district  attorney,  to  be  settled 
by  the  comptroller,  shall  be  paid  to  the  treasurer  of  the 
county  in  which  the  offence  shall  be  committed,  for  the  Uf^e 
©f  the  poor  of  such  county.* 


CHAP.  CCLXII. 

AN  ACT  relative  to  the  appointment  of  Auctiojieeis  in  the 
city  of  New-York. 

Passed  April  19,  1830,  p  2?7. 

Tht  people  of  the  state  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
§  1.  All  commissions  for  auctioneers  in  the  city  of  New-- 
York,  which  may  hereafter  be  issued,  shall  expire  on^he  first 
day  of  February,  in  every  year.  But  those  persons  who 
shall  be  in  commission  on  that  day,  may  hold  over  until 
others  are  appointed  in  their  places. 

•Auctioneers  for  the  city  of  New-York  were  formerly  appointed  by  the  Mayor,  or  Re- 
corder in  his  absence.  By  the  act  of  February  20,  1784,  Greenleaf,  Vol.  1,  p.  64,  provision 
ii  made  for  the  appointment  of  auctioneers  which  continued  until  March,  1791.  '* 

By  an  act  passed  March  8,  1791,  2  Greenleaf,  p.  353,  it  is  enacted  that  the  Governor,  by 
and  with  the  advice  and  consent  of  the  council  of  appointment,  shall  annually  appoint  so 
many  auctioneers  as  he  may  think  proper,  pro\idcd  that  the  nninber  to  be  appointed  for  the 
elty'and  county  of  New- York,  shall  not  exceed  twelve  in  any  one  year ;  and  by  an  act  pass- 
ed April  2,  1801,  Kent,  and  Bad.  Vol.  1,  p.  408,  their  number  is  limited  to  twenty-four  for 
the  city  of  New- York.  And  by  the  act  of  April  6,  1813,  2  Rev.  Laws,  p.  181,  their  num- 
ber is  not  to  exceed  thirty-six.  And  by  an  act  passed  April  5, 1817,  Vol.  4,  p,  327,  the 
number  to  be  appointed  at  anyone  time  shall  not  exceed  thirty-six  ;  and  by  an  act  passed 
Feb.  19, 1824,  the  number  shall  not  exceed  forty-two;  and  by  act  of  April  16,  1825,  p.  286, 
twelve  additional  auctioneers  may  be  appointed.  By  Rev.  Stat.  Vol.  1,  p.  98,  the  number  is 
limited  to  fifty-four, 

A  wiiolesome  enactment  was  made  by  our  Provincial  Assembly  in  relation  to  the  sale  of 
goods,  &c.  by  nirrkt.  By  an  act  passed  8th  of  March,  1773,  V.  S.  Vol.  2,  p.  774,  it  is  en- 
acted that  from  and  after  the  passing  of  this  act,  if  any  person  or  persons  shall  be  convicted 
of  selUng  or  putting  up  to  sell,  within  said  city,  any  goods,  wares  {or  merchandises,  or  any 
other  article  or  thing  whatsoever,  by  way  of  vendue,  auction  or  outcry,  at  any  time  after 
svnttt,  sueh  person  or  pereone  shall  forfeit  fire  pounds. 


BASTARDS.  77 

Revised  Statutes,  Vol.  I.  p.  640.  ^ 

TITLE  VI. 

OF  THE  SUPPORT  OF  BASTARDS. 


Skct.  1.  Who  are  to  be  deemed  bastards. 

2.  To  be  supported  by  father  and  mother,  or  by  county  or  town. 

3.  Penally  for  removing  mother  of  bastard ;  how  supported  after  removal. 

4.  Mother  and  child,  paupers ;  proceedings  against  county  and  town  from  which  she 

was  removed. 

5.  Superintendents  and  overseers  to  institute  proceedings  to  compel  support  of  baa- 

tards. 

6.  Justice  to  ascertain  father  of  bastard,  and  issue  a  warrant. 

7.  Proceedings  when  father  out  of  the  county ;  endorsement  of  warrant,  &c. 

8.  Justice  endorsing  warrant  may  take  oneof  two  bonds,  from  father.        ^f 

9.  Proceedings  upon  bond  being  executed. 

10.  Upon  failure  to  execute  bond,  father  to  be  carried  before  justice  issuing  warrant. 

11.  Who  shall  associate  another  justice ;  their  duties  and  powers. 

12.  When  and  for  what  time  proceedings  may  be  adjourned. 

13.  Powers  and  duties  of  justices,  on  hearing. 

14.  Person  adjudged  to  be  father,  to  pay  costs,  and  enter  into  bond. 

15.  On  executing  bond,  to  be  discharged  ;  on  failure,  to  be  committed. 

16.  Amount  of  penalty  in  bonds  for  appearance  of  father. 

17.  Father  to  remain  in  custody  during  examination ;  when  and  how  Imprisoned. 

18.  Proceedings  when  bond  given  by  father  out  of  the  county. 

19.  In  what  cases  examination  to  be  had  in  presence  of  father. 

20.  Mother  of  bastard  how  compelled  to  disclose  name  of  father. 

21.  In  what  cases,  and  how,  mother  compelled  to  support  bastard. 

22.  Proceedings  in  case  of  her  refusal  to  obey  order  for  support, 

23.  When  amount  ordered  to  be  paid  may  be  reduced ;  when  it  may  be  increa«ed. 

24.  Appeals  from  determinations  of  justices  ;  notice  thereof. 

25.  Justices  not  to  sit  in  general  sessions  on  appeals  from  his  order, 

26.  Bonds  for  appearance,  orders,  &;c.  when  to  be  transmitted  to  general  BeBsions. 

27.  Subpoenas  to  be  issued  for  parties  in  appeal ;  effect  thereof. 

28.  Proceedings  of  court  on  appeal  ;  testimony  of  mother. 

,  29.  Court  may  quash,  affirm,  or  vary  orders,  and  may  adjourn  hearing. 

30.  In  what  cases  father  to  be  discharged  from  custody  or  from  bond. 

31.  Proceedings  by  general  sessions  on  affirming  order  of  filiation. 

32.  Father  neglecting  to  give  bond  as  required,  to  be  committed. 

33.  When  bond  for  appearance  of  father  at  court  to  be  forfeited. 

34.  Duty  of  general  sessions  when  motlier  bound  to  appear,  &c. 

35.  In  what  cases  order  against  mother  may  be  confirmed  or  varied,  or  discharirtd 

36.  If  order  be  affirmed,  proceedings  to  compel  obedience, 

37.  &  38.  Costs  on  appeal,  how  awarded  and  collected. 

39.  Original  order  of  filiation,  when  to  be  made  by  court,  &c. 

40.  Proceedings  by  justices,  on  order  of  filiation  being  quashed  for  informality. 

41.  Court  to  inquire  into  circumstances  of  father  or  mother  imprisoned. 

42.  In  what  cases  to  order  discharge  of  father  or  mother. 

43.  Notice  to  be  given  to  superintendents  or  overseers,  before  discharge.    - 

44.  Persons  imprisoned  under  this  Title,  not  entitled  to  discharge  under  insolvent  act. 

45.  Bonds  for  appearance  to  be  signed  and  transmitted  to  court. 

46.  How  to  be  prosecuted  on  forfeiture ;  recevery  how  to  be  paid  and  applied. 

47.  By  whom  bonds  for  support  of  bastard  to  be  prosecuted,  on  breach. 

48.  Proceedings  thereon;  what  to  be  deemed  breaches  thereof. 

49.  Proceedings  for  subsequent  breaches ;  recovery  how  applied. 

50.  CoetB  on  recovery  by  defendant,  how  collected. 

51.  Actions  for  expenj-e  of  bastard,  &;c.  may  be  brought,  although  there  i»  aboiid. 
Si.  Troc9e.d\»<itBzn.in»X  father  or  mother  of  bastard  absconding,  tc. 


7B  BASTARDS. 

53.  Poor  mother  and  bastard  how  to  be  supported. 

54.  Mother  and  child  not  to  be  removed  wishout  her  consent.  -- 

55.  Overseers  to  notify  superintendents  in  cases  of  bastardy,  when  county  chargeable. 

56.  Duty  of  superintendents  to  provide  for  mother  and  child. 

57.  Until  taken  charge  of  by  superintendents,  to  be  supported  by  overseers. 

58.  Overseers  of  towns  to  support  bastard  and  mother,  whether  chargeable  or  not. 

59.  Monies  received  by  overseers  from  parents  of  bastard,  how  applied,  &.c. 

60.  Such  monies  received  on  account  of  bastard  chargeable  to  county,  to  be  paid  over. 

61.  Disputes  concerning  settlement  of  bastard,  how  determined. 

62.  63  &  64.  Proceedings  when  bastard  is  chargeable  to  another  town. 

65.  Mode  of  ascertaining  sum  to  be  allowed  for  support  of  bastard,  &c. 

66.  When  mother  and  child  to  be  removed  to  county  poorhouse. 

67.  Penalty  on  superintendents  and  overseers  for  neglect  to  support  bastards,  tc. 

68.  Compromise  with  putative  fathers  may  be  made  in  New-York. 

69.  Penalty  on  constable,  &c.  for  neglect  to  deliver  over  bonds. 

70.  Justice  not  liable  for  endorsing  warrants  under  this  Title. 

71.  Provision  in  case  of  death,  absence,  &c.  of  justice  issuing  a  warrant. 

Who  are  bas-      §  1-  Eveiy  child  shall  be  deemed  a  bastard  within  the 
**'^*"  meaning  of  this  Title,  who  shall  be  begotten  and  born, 


\,  OTt  of  lawful  matrimony : 

2.  While  the  husband  of  its  mother  continued  absent  out 
of  this  state,  for  one  whole  year  previous  to  such  birth,  sepa- 
rate from  its  mother,  and  leaving  her  during  that  time  con- 
tinuing and  residing  in  this  state  : 

3.  During  the  separation  of  its  mother  from  her  husband, 
pursuant  to  a  decree  of  any  court  of  competent  authority.  (38) 

How  supported.  §  2.  The  reputed  father  and  the  mother  of  every  bastard 
shall  be  liable  for  its  support ;  in  their  default  or  inability,  it 
shall  be  supported  by  the  county  or  town  in  which  it  shall  be 
born,  as  herein  after  provided. 

Removal    of      ^3.  If  the  mother  of  any  bastard,  or  of  any  child  likely  to 
ted ;  how  sup-  be  bom  a  bastard,  shall  be  removed  or  clandestinely  brought, 

ported   after  re-  .  r  1 

movai.  or  enticed  to  remove,  into  any  county,  irom  any  other  county 

of  this  state,  for  the  purpose  of  avoiding  the  charge  of  such 
bastard  or  child  upon  the  county  or  any  town,  from  which  she 
^  shall  have  been  so  brought  or  enticed  to  remove,  the  same 

penalties  shall  be  imposed  on  every  person  so  bringing,  re- 
moving or  enticing  such  mother  to  remove,  as  are  provided 
in  the  case  of  the  clandestine  or  fraudulent  removal  of  a  pau- 
per. Such  mother,  if  unable  to  support  herself,  shall  be  sup- 
ported during  her  confinement  and  recovery  therefrom,  and 
her  child  shall  be  supported  by  the  county  superintendents 
of  the  poor  of  the  county  where  she  shall  be,  if  no  provision 
be  made  by  the  father  of  such  child. 

[38]  1  R.  L.  306,  sec  rt  8. 


BASTARDS.  79 

§  4.  Such  mother  and  her  child  shall  in  all  respects  be  Jj;^^^^^^^,,'^ 
deemed  paupers ;  and  the  same  proceedings  may  be  had  by  -;;^;^„*"„JjSi'J: 
the  county  superintendents  to  charge  the  town  or  county  S.y^'^^errmov'*- 
from  which  she  was  removed  or  enticed,  for  the  expense  of  ^•^• 
supporting  her  and  her  child,  as.  are  provided  in  the  case  of 
paupers  fraudulently  or  clandestinely  removed ;  and  an  ac- 
tion may  be  maintained  in  the  same  manner  for  the  said  ex- 
penses, and  for  all  expenses  properly  incurred  in  securing  the 
father  of  such  child,  or  in  seeking  to  compel  its  support  by 
such  father  or  its  mother. 

6  5.  If  any  woman  shall  be  delivered  of  a  bastard  childj  Duty  of  superin- 

^  -^  tcndents    anu 

which  shall  be  chargeable  or  likely  to  become  chargeable  to  overseers. 
any  county,  city  or  town  ;  or  shall  be  pregnant  of  a  child 
likely  to  be  born  a  bastard,  and  to  become  chargeable  to  aiTy 
county,  city  or  town ;  the  superintendents  of  the  poor  of  the 
county,  or  any  of  them,  or  the  overseers  of  the  poor  of  the 
town  or  city,  or  any  of  them,  where  such  woman  shall  be, 
shall  apply  to  some  justice  of  the  peace  of  the  same  county  to 
make  inquiry  into  the  facts  and  circumstances  of  the  case. 

§  6.  Such  justice  shall,  by  examination  of  such  woman  on  Proceedings  of 
oath,  and  upon  such  other  testimony  as  may  be  offered,  ascer-  S father.*"" 
tain  the  father  of  such  bastard,  or  of  such  child  likely  to  be 
born  a  bastard ;  and  shall  thereupon  issue  his  warrant,  direct- 
ed to  any  constable  of  the  county,  commanding  him  forthwith 
to  apprehend  such  reputed  father,  and  to  bring  him  before  such 
justice,  for  the  purpose  of  having  an  adjudication  respecting 
the  fiHation  of  such  bastard,  or  of  such  child  likely  to  be  born 
a  bastard.  (39) 

§  7.  If  the  person  charged  as  such  reputed  father,  shall  be    Proceedings 

'  1     •  1  r    ^  1  1  •  1  •    1    iicainst  father  out 

or  reside  in  any  other  county  oi  the  state,  than  that  m  which  of  the  county, 
such  warrant  issued,  the  justice  issuing  the  same  shall  in  writ- 
ing thereon,  direct  the  sum  in  which  any  bond  shall  be  taken 
of  the  person  so  charged ;  and  it  shall  be  the  duty  of  the  con-  ^ 

stable,  or  other  proper  officer  having  the  same,  to  carry  it  to  ' 

somejusticeofthecityor  county  wherein  such  person  resides,  \ 

or  can  be  found.     The  justice  to  whom  the  same  shall  be  pre-  cndorsemcut  of 
sented,  on  proof  being  made  to  him  of  the  hand  writing  of  the 
justice  who  issued  such  warrant,  shallendorse  his  name  there- 

[39]  I  R.  L.  306,  sec.  1  &,  2, 


80  BASTARDS. 

on,  with  an  authority  to  arrest  such  person  in  the  county 
where  the  justice  so  endorsing  shall  reside ;  wiiich  shall  be 
a  sufficient  authority  to  the  person  bringing  such  warrant, 
and  to  all  others  to  whom  it  ^'as  originculy  directed,  to  exe- 
cute the  same  in  the  comity  w^here  it  was' endorsed.  (40) 

byJustTceendoS  ^  ^'  ^''poH  the  persoH  SO  charged  being  apprehended,  he 
iig  w  arrant.  g^aU  be  Carried  before  the  justice  w^ho  endorsed  the  said  war- 
rant, or  some  other  justice  of  the  same  county,  w^ho  may  take 
from  such  persona  bond  to  the  people  of  this  state,  with  good 
and  sufficient  sureties  in  the  sum  so  directed  on  the  said  war- 
rant, with  condition  to  indemnify  the  county,  and  town  or  city 
where  the  said  bastard  shall  have  been  bora,  or  where  the 
woman  likely  to  have  such  bastard  shall  be,  and  every  other 
county,  town  or  city,  which  may  have  incurred  any  expense, 
or  may  be  put  to  any  expense  for  the  support  of  such  cliild, 
or  of  its  mother  during  her  confinement  and  recovery  there- 
from, against  all  such  expenses,  and  to  pay  the  costs  of  ap- 
prehending sufch  father,  and  of  any  order  of  filiation  that  may 
be  made  ;  or  such  justice  may  take  from  the  person  so  charg- 
ed and  apprehended,  a  bond  as  aforesaid,  in  the  sum  directed 
on  the  said  warrant,  with  good  and  sufficient  sureties,  condi- 
tioned that  such  person  will  appear  at  the  next  court  of  gener- 
al sessions  of  the  peace  to  be  holden  in  the  county  where  such 
warrant  was  originally  issued,  and  not  depart  the  said  court 
without  its  leave. (40) 

kS*Sg  "SS      §  9.  Upon  a  bond  being  so  entered  into,  withCeither  of  the 
^""'**  conditions  aforesaid,  the  justice  taking  the  same  shall  dis- 

charge the  person  so  apprehended  from  the  arrest,  and  shall 
endorse  upon  the  wan-ant  a  certificate  to  that  effect.  He  shall 
deliver  the  warrant  w^ith  the  bond  so  taken  by  him,  to  the  con- 
stable who  brought  such  warrant,  w-ho  shall  deliver  the  same 
to  the  justice  who  granted  the  same,  who  shall  proceed  there- 
upon in  the  same  manner  as  if  such  bond  had  been  taken  by 
him.  (40) 


Tb.  npon  taiiure      A  jQ    If  [he  Dcrson  SO  charsred  and  apprehended  shall  not 

0  execute  bond.  ^  ^  .     .        ^  . 

execute  the  bond  so  required,  with  one  or  other  of  the  condi- 
tions aforesaid,  to  the  satisfaction  of  the  justice  before  whom 
he  shall  be  brought,  then  the  constable 'or  other  proper  officer , 


[40]  1  R.  L.  306.  !>cc  4 


BASTARDS.  81 

having  such  warrant,  shall  take  the  person  so  apprehended 
before  the  justice  who  originally  issued  such  warrant.  (41) 

§*11.  Upon  the  person  so  charged  with  being  the  father  of  cfatfanotherf*^ 
such  bastard,  or  of  such  child  likely  to  be  born  a  bastard, 
being  brought  before  the  justice  who  issued  the  warrant  for 
his  apprehension,  whether  he  was  arrested  in  the  same  or  in 
any  other  county,  the  said  justice  shall  immediately  call  to 
his  aid  any  other  justice  of  the  same  county ;  and  the  said  them^^  *""* 
two  justices  shall  proceed,  without  unnecessary  delay,  to 
make  examination  of  the  matter,  and  shall  again  examine  the 
mother  of  such  bastard,  or  the  woman  so  pregnant  as  afore- 
said, on  oath,  in  the  presence  of  the  person  so  charged  or  ap- 
prehended, touching  the  father  of  such  child,  and  shall  hear 
any  proofs  that  may  be  offered  in  relation  thereto ;  and  on 
the  application  of  the  person  so  charged,  or  of  the  persons 
appearing  in  behalf  of  the  public,  either  of  the  said  justices 
shall  issue  a  subpoena  to  compel  the  attendance  of  witnesses 
before  them,  which  may  be  enforced,  and  the  witnesses  may 
be  compelled  to  appear  and  testify,  in  the  same  manner  as  in 
any  civil  cause,  before  a  justice  of  the  peace. 

§  12.  If  the  said  iustices  shall  not  be  prepared  to  proceed,  Adjournment  of 

^  **  1       r  r  '  proceedings. 

or  the  person  charged  shall  require  delay,  and  give  sufficient 
reasons  therefor,  they  may  adjourn  such  examination  for  any 
time  not  exceeding  six  weeks,  and  shall  take  a  bond  with 
sureties  from  such  person  for  his  appearance  at  such  time, 
before  them,  in  the  penalty  herein  after  directed. 

§  13.  The  said  iustices  shall  determine  who  is  the  father  of  Proceedings  and 

^  determination  of 

such  bastard,  or  of  such  child  likely  to  be  born  a  bastard,  and  justices  on  iiear- 
shall  proceed  as  follows  : 

1.  If  they  determine  that  the  person  so  charged  and  appre- 
hended is  not  the  father  of  such  bastard,  or  child,  he  shall  be 
forthwith  discharged : 

2.  If  they  determine  that  he  is  such  father,  they  shall  make 
an  order  of  filiation,  in  which  they  shall  specify  the  sum  to  be 
paid  weekly,  or  otherwise,  by  such  putative  father,  for  the 
support  of  such  bastard,  or  of  such  child  likely  to  be  born  a 
bastard ; 

(41)  1 R.  L.  306,  eeclion  i. 
11 


86,  BASTARDS. 

3.  If  the  mother  of  such  child  be  in  indigent  circumstances, 
they  shall  determine  the  sum  to  be  paid  by  such  putative  father 
for  the  sustenance  of  such  mother  during  her  confinement,  and 
her  recovery  therefrom : 

4.  They  shall  certify  the  reasonable  costs  of  apprehend- 
ing and  securing  the  said  father,  and  of  the  order  of  filia- 
tion: 

5.  They  shall  reduce  their  proceedings  to  vt^riting,  and  sub- 
scribe the  same. 

bv^'^^erson ^  ad-*^  ^  ^^'  ^^^^  pcrsou,  SO  adjudgcd  to  bc  the  reputed  father, 
t-uhe?  ancf^)ond  s^^^^'  upou  uoticc  of  such  Order,  immediately  pay  the  amount 
to  be  entered  into  go  certified  for  the  costs  of  apprehending  him  and  of  the  order 
of  filiation ;  and  shall  enter  into  a  bond  to  the  people  of  this 
state,  in  such  sum  as  such  justices  shall  direct,  with  good  and 
sufficient  sureties,  to  be  approved  by  them,  with  one  or  other 
of  the  following  conditions :  First,  that  such  person  will  pay 
weekly,  or  otherwise,  as  shall  have  been  ordered,  such  sum 
for  the  support  of  the  said  child,  and  for  the  sustenance  of  its 
mother  as  aforesaid,  as  shall  have  been  ordered,  or  shall  at 
any  time  thereafter  be  ordered  by  the  court  of  general  ses- 
sions of  the  peace  of  the  same  county ;  and  that  he  will  fully 
and  amply  indemnify  the  county  and  town,  or  city,  where  the 
said  bastard  shall  have  been  born,  or  where  the  woman  likely 
to  have  such  bastard  shall  be,  and  every  other  county,  town, 
or  city,  which  may  have  incurred  any  expense,  or  may  be 
put  to  any  expense  for  the  support  of  such  child,  or  its  mo- 
ther, during  her  confinement  and  recovery  therefrom,  against 
all  such  expenses  :  Or,  second,  that  such  person  will  appear 
at  the  next  court  of  general  sessions  of  the  peace  of  the  said 
county,  and  not  depart  the  said  court  without  its  leave. 

When  father  to      ^15,  Upou  such  boud  bcinff  executed  to  the  satisfaction  of 

be    discharged ;  ^  ^  ^ 

mitted^°  ^^  *^°™  ^^^  justices,  they  shall  discharge  such  person  from  his  arrest. 
But  if  he  refuse  or  neglect  to  execute  a  bond  with  one  of  the 
conditions  aforesaid,  or  to  pay  the  costs  and  charges  so  cer- 
tified, he  shall  be  committed  by  such  justices,  or  either  of  them, 
to  the  common  jail  of  the  city  or  county,  by  warrant,  there  to 
remain  until  discharged  by  the  court  of  general  sessions  of 
the  peace,  or  until  he  shall  execute  such  bond,  in  the  penalty 
which  shall  have  been  required  by  the  justices. 


BASTARDS.  83 

§  16.  The  penalty  of  every  bond  which  shall  be  taken  for  tflni^di*/  ^^*' 
the  appearance  of  any  such  reputed  father,  either  before  jus- 
tices of  the  peace,  or  at  the  court  of  general  sessions,  shall, 
in  all  cases,  be  such  a  sum  as  shall  be  deemed  a  full  indemni- 
ty for  the  expense  of  supporting  such  bastard  and  its  mother, 
as  before  provided. 

5  17.  During  such  examination,  and  until  such  person  shall  j^s^eJ^f'Xrlng 
be  discharged  by  the  justices  aforesaid,  he  shall  remain  in  examination, &c. 
custody  of  the  constable  who  apprehended  him,  unless  a  bond 
shall  have  been  taken  for  his  appearance  as  herein  provided ; 
and  when  committed  to  any  jail,  he  shall  be  confined  therein, 
without  being  let  to  bail,  and  without  being  entitled  to  the 
liberties  thereof. 

§  18.  When  any  bond  taken  out  of  the  county  as  aforesaid,  ca^se^ofbondgil" 
by  which  the  person  charged  shall  be  bound  to  appear  at  the  en  out  of  county. 
next  court  of  general  sessions  of  the  peace,  shall  be  returned 
to  the  justice  who  issued  the  warrant,  such  justice  shall  in  like 
manner,  call  in  the  aid  of  another  justice  of  the  peace  of  the 
same  county ;  and  the  said  two  justices  shall  proceed  in  man- 
ner aforesaid  to  examine  and  determine  who  is  the  father  of 
such  bastard,  or  of  such  child  likely  to  be  born  a  bastard ;  and 
shall  make  an  order  of  filiation,  and  prescribe  the  sum  to  be 
paid  by  such  putative  father  for  the  support  of  such  child,  and 
for  the  sustenance  of  the  mother  as  aforesaid ;  and  shall  cer- 
tify the  reasonable  costs  of  appreliending  the  said  father,  and 
of  the  order  of  filiation. 

§  19.  Such  examination  and  order  may  be  made  in  the  ab-  Eiamfnatioa  ta 

♦'  such  case. 

sence  of  the  person  so  charged,  unless  before  the  same  be 
made  he  shall  personally  require  of  the  justice  issuing  the 
warrant,  that  such  examination  be  made  in  his  presence  ;  in 
which  case  reasonable  notice  of  the  time  and  place  of  such 
examination  shall  be  given  to  the  person  so  charged.  He 
may  appear  and  ofler  testimony  in  relation  to  the  matters  to 
be  inquired  into,  and  the  same  proceedings  shall  be  had,  as 
in  the  case  of  the  person  so  charged  being  brought  before- 
such  justice. 

§  20.  In  making  any  examination  hereby  authorized,  the    %'^er  of  b«». 

./  >  t.^rd,  how   tom- 

justne,  or  justices,  may  compel  the  mother  of  a  bastard  SO  P^"<"*^^«*^y- 


84  BASTARDS. 

chargeable,  or  likely  to  become  chargeable,  or  a  woman  preg- 
nant with  a  child  likely  to  be  born  a  bastard  and  to  become 
so  chargeable,  to  testify  and  disclose  the  name  of  the  father 
of  such  bastard  or  child ;  and  in  case  of  her  refusal,  may,  after 
the  expiration  of  one  month  from  the  time  of  her  delivery,  if 
she  shall  be  sufficiently  recovered,  commit  her  to  the  common 
jail  of  the  county,  by  a  warrant  under  his  hand,  or  the  hands 
of  such  justices  in  which  the  cause  of  commitment  shall  be 
distinctly  set  forth,  there  to  remain  until  she  shall  testify  and 
disclose  the  name  of  such  father.  (42) 

compSr/dtosup  §  21,  If  the  mother  of  a  bastard  child,  chargeable,  or  likely 
port  basuird,  ^^  bccomc  chargeable,  as  before  declared,  be  possessed  of  any 
property  in  her  own  right,  any  two  justices  of  the  peace  of  the 
county  where  such  mother  may  be,  on  the  application  of  any 
county  superintendent,  or  overseer  of  the  poor,  shall  examine 
into  the  matters,  and  in  their  discretion  make  order  for  the 
keeping  of  such  bastard,  by  charging  such  mother  with  the 
payment  of  money  w^eekly,  or  other  sustenation,  for  the  sup- 
port of  such  child,  as  they  shall  think  meet.  (43) 

eie**of  refuKi.*'^  ^  ^^'  ^^'  ^^^^^  ^^^  scrvicc  of  such  Order,  subscribed  by  the 
said  justices,  upon  such  mother,  she  shall  refuse  or  neglect  to 
perform  the  same,  she  shall  be  committed  to  the  common  jail 
of  the  county,  there  to  remain,  without  bail,  until  she  comply 
with  such  order,  unless  she  shall  execute  a  bond  to  the  people 
of  this  state,  in  such  sum  as  the  said  justices  shall  direct;  with 
good  and  sufficient  sureties,  to  appear  at  the  then  next  court 
of  general  sessions  of  the  peace,  in  the  said  county,  and  not 
to  depart  the  said  court,  without  its  leave. 

Amount  ordered      R  23.  The  lusticcs  who  shall  havc  made  any  order  of  filia- 

to  be  paid,  may         J  J  j  **"• 

creased"^  °^  ^"  ^^^^  ^^  maintenance  against  the  father  or  mother  of  any  bas- 
tard, may  from  time  to  time  vary  the  amount  therein  directed 
to  be  paid,  by  reducing  the  same  as  circumstances  may  re- 
quire ;  and  upon  the  application  of  any  county  superintendent, 
or  overseer  of  the  poor  interested  therein,  and  after  ten  days*, 
notice  to  be  given  to  the  party  who  may  be  affected  thereby, 
the  court  of  general  sessions  of  the  peace  of  the  county  may 
increase  the  sum  in  and  by  such  order  directed  to  be  paid  for 

(42)  1  R.  L.  309,  section!.  (43)  Ibid.  306,  »ection  I, 


BASTARDS.  85 

the  support  of  any  bastard ;  and  the  said  court,  on  the  applica- 
tion of  any  person  affected  by  such  order,  and  after  the  same 
notice  to  the  superintendents  or  overseers  at  whose  instance 
it  was  procured,  may  reduce  the  amount  directed  to  be  paid 
by  any  such  order. 

5  24.  Any  person  who  shall  think  himself  aggrieved  by  any  /fj^*'^  ^'■^"J 
order  or  determination  of  any  two  justices  of  the  peace,  made  justices, 
pursuant  to  any  authority  hereby  given,  may  appeal  there- 
from to  the  next  court  of  general  sessions  of  the  peace  to  be 
holden  in  the  same  county,  excepting  any  person  who  shall 
have  executed  a  bond,  to  perform  any  order  of  filiation  and 
of  settlement  and  to  indemnify  the  public,  who  shall  be  con- 
cluded thereby,  and  shall  not  be  permitted  to  appeal  from  any 
other  part  of  such  order  than^uch  as  fixes  the  weekly  or  other 
allowance  to  be  paid.  Whenever  a  bond  shall  be  entered  into  ^^^^  ^"'"  aprx'ar- 

'^  ance  to  be  deem- 

by  a  person  charged  as  the  father  of  a  bastard,  or  of  a  child  ^^  *"  appeal. 

likely  to  be  born  a  bastard,  or  by  the  mother  of  a  bastard,  for 
his  or  her  appearance  at  the  next  court  of  general  sessions, 
the  same  shall  be  deemed  an  appeal  from  the  order  of  filiation 
or  sustenance,  or  both,  as  the  case  may  be,  and  no  further  or 
other  notice  thereof  shall  be  required.  In  other  cases  of  ap-  Notice  in  other 
peal,  notice  shall  be  given  to  the  justices  making  the  order, 
and  to  the  other  party  affected  by  such  order,  or  to  the  super- 
intendent or  overseers  at  whose  instance  the  same  was  ob- 
tained,^at  least  ten  days  previously.  (44) 

§  25.  No  justice  of  the  peace  who  shall  have  assisted  in  any  justice  making 
judgment  or  in  making  any  order  appealed  from,  shall  sit  in  on'^ajpe"^!  *°  '" 
the  court  of  general  sessions  upon  the  hearing  of  any  appeal 
made  from  such  judgment  or  order. (44) 

§  26.  The  justices  who  shall  have  taken  or  received  any  Bonds,  &c.  when 
bond  for  the  appearance  of  any  party  at  the  general  sessions,  cferk^a  offi^ce!" 
shall  transmit  the  same  to  the  clerk  of  the  court  before  the 
opening  thereof,  together  with  the  orders  of  maintenance  and 
sustenance  which  shall  have  been  made,  or  true  copies  thereof 
signed  by  the  justices  making  the  same. 

§  27.  Subpoenas  shall  be  issued  by  the  clerk  of  the  court  in  ^"''P^nas  on  ap- 
vacation  as  well  as  in  term,  and  be  delivered  to  any  party  to 

(44)  1  R.  L.  309,  section  9, 10. 


86  BASTARDS. 

such  appeal,  requiring  the  same :  and  obedience  to  such  sub- 
poenas shall  be  enforced,  and  the  witnesses  summoned  may 
be  compelled  to  testify,  in  the  same  manner  as  in  criminal 
cases  pending  in  such  court. 

heSiira""lai°"  ^  ^^'  '^^^  court  to  which  such  appeal  may  be  made,  shall 
proceed  to  hear  the  allegations  and  proofs  of  the  respective 
parties,  and  the  party  in  whose  favour  any  order  was  made, 
which  shall  be  the  subject  of  appeal,  shall  be  required  to  sub- 
stantiate the  same  by  evidence.  If  the  mother  of  any  bastard 
be  dead  or  insane,  the  testimony  given  by  her  on  heV  exami- 
nation, shall  be  received  in  the  same  manner  as  if  she  were 
present  and  testified  to  the  same. (45) 

finn"'^  S  ^oT     §  ^^-  ^^^  court  may  affirm  or  quash  any  order  of  filiation 
vary  orders.       ^y  sustcnancc.  Or  may  reduce  or  increase  the  sum  directed 
by  any  such  order  to  be  paid  -for  the  support  of  a  bastard  or 
for  the  sustenance  of  its  mother ;  but  no  such  order  shall  be 
quashed  for  any  defects  in  the  form  thereof,  but  the  same 
shall  be  amended  by  the  said  court  according  to  the  facts 
and  justice  of  the  case.     If  at  the  time  of  hearing  such  ap- 
peal the  child  supposed  likely  to  be  born  a  bastard,  shall  not 
When  hearing  bc  bom,  the  court  may  adjourn  such  hearing  from  time  to 
may  e  a  journ  ^.^^^^  ^^^^-j  ^^^j^  ^j^-|^  ^j^^H  ^^  bom,  and  shall  take  recog- 
nizance from  all  parties  bound  to  appear. 

In  certain  cases      R  ^0.  If  thc  womau  SO  pre^^nant  shall  be  married,  before  she 

father  to  be  dis-         ^  I       o  ' 

charged.  ^c  delivered  of  such  child,  or  if  she  shall  miscarry  so  tlrat 

such  child  shall  not  be  born  alive,  or  if  it  shall  appear  that  she 
is  not  so  pregnant,  then  the  person  charged  as  the  father  of 
such  child,  shall  be  discharged  from  custody  if  imprisoned, 
or  from  his  bond  or  recognizance,  by  the  court  of  general 
sessions  of  the  peace  of  the  county,  before  whom  such  fact 
shall  appear,  shall  be  immediately  relieved  out  of  custody, 
by  warrant  under  thc  hands  and  seals  of  the  justices  by 
whom  he  was  committed,  upon  such  fact  appearing  ta 
them.  (46). 

?rder^f"Sion*^      §  31.  If,  upou  such  hearing,  the  court  of  general  sessions, 
bonr    ^  ^^^^  ^^  ^^^  peace  affirm  the  order  of  filiation,  by  which  any  per- 

C45)  1  R.  L.  310,  '.^  12.  (46)  lb.  307,  sec.  3. 


BASTARDS.  8'7 

son  shall  be  determined  to  be  the  father  of  a  bastard,  or  a 
child  likely  to  become  a  bastard,  the  said  court  shall  require 
such  person  immediately  to  enter  into  a  bond  to  the  people 
of  this  state,  in  such  sum  as  it  shall  prescribe,  with  good 
and  sufficient  sureties,  conditioned  that  such  person  shall 
pay  weekly  or  otherwise,  as  shall  have  been  directed  by  the 
order  of  filiation  and  sustenance,  such  sum  for  the  support  of 
such  bastard  or  child,  and  for  the  sustenance  of  its  mother 
during  her  confinement  and  recovery  therefrom,  as  shall 
have  been  so  ordered  by  two  justices-  of  the  peace  or  as  the 
same  shall  have  been  or  thereafter  shall  be,  modified  by  the 
court  of  general  sessions  of  the  peace,  and  that  he  will  fully 
and  amply  indemnify  the  county  and  town,  or  the  county 
and  city,  where  the  said  bastard  shall  have  been  born,  or 
where  the  woman  likely  to  have  such  bastard  shall  be,  and 
every  other  county,  town  or  city,  which  may  have  incurred 
any  expense,  or  which  may  be  put  to  any  expense,  for  the 
support  of  such  child  or  its  mother,  during  her  confinement 
and  recovery  therefrom. 

§  32.  If  any  person  against  whom  such  order  shall  be  af-  JegTcct"^"'""  "'^ 
firmed,  shall  refuse  or  neglect  to  execute  such  bond,  with 
such  sureties,  to  the  satisfaction  of  the  said  court,  he  shall 
be  committed  to  the  common  jail  of  the  county  by  an  order 
of  such  court,  there  to  remain  until  he  shall  execute  such 
bond  or  be  discharged  by  the  said  court. 

§  33.  If  any  person  bound  to  appear  at  any  court  of  gene-  an  "e^  ShclT  ^for- 
ral  sessions,  on  the  charge  of  being  the  father  of  a  bastard,  ^^^^^'^' 
or  of  a  "child  likely  to  be  born  a  bastard,  shall  depart  the 
said  court  without  executing  the  bond  it  may  require,  or 
without  being  discharged  by  the  said  court  from  the  bond 
executed  by  such  person  for  his  appearance,  the  said  bond 
shall  be  thereby  deemed  to  be  forfeited,  and  may  be  prose- 
cuted as  herein  after  directed. 

§  34.  When  the  mother  of  any  bastard  shall  be  bound  to    Prfx-eedinps  in 

•'  respect  to  mother 

appear  at  any  court  of  general  sessions,  to  answer  on  ac-  ^^^^^  to  appear, 
count  of  any  order  made  against  her,  for  the  support  of  such 
bastard,  or  shall  be  committed  for  neglect  or  refusal  to  enter 
into  such  bond,  the  court  shall  examme  into  the  matter,  com- 
pel the  attendance  of  witnesses,  and  hear  the  allegations 


88  BASTARDS. 

and  proofs  of  the  parties,  in  the  same  manner  as  herein  be- 
fore directed  in  the  case  of  an  appeal. 


vrrTordfscSe      §  35.  If  the  court  shall  be 'satisfied  that  such  mother  has 
"^'^^'^'  property  in  her  own  right,  so  as  to  be  able  to  support  such 

bastard  or  contribute  to  its  support,  it  shall  confirm  the  or- 
der made  for  that  purpose,  and  may  in  its  discretion,  vary  the 
amount  ordered  to  be  paid  weekly  or  otherwise.  If  not  so 
satisfied,  the  court  shall  discharge  such  woman  from  her  bond, 
and  if  in  custody,  from  her  imprisonment. 

Proceedings    on      §  36.  If  the  court  affiiTO  such  order,  it  shall  require  the 

affirming     order.         /  ^ 

said  mother  to  execute  a  bond,  in  such  sum  as  it  shall  pre- 
scribe, with  sufficient  sureties,  to  the  people  of  this  state, 
conditioned  that  such  mother  will  faithfully  comply  with  and 
obey  the  order  for  the  support  of  such  bastard,  so  made 
and  affirmed,  as  the  same  shall  have  been  modified,  or  may 
thereafter  be  modified  by  the  court  of  general  sessions  of 
the  peace.  If  she  shall  refuse  or  neglect  to  execute  such 
bond,  she  shall  be  committed,  by  an  order  of  the  said  court, 
to  the  common  jail  of  the  county,  ther6  to  remain  until  she 
shall  execute  such  bond,  or  until  she  shall  be  discharged  by 
the  court. 

Costs  on  appeal.  §  37.  The  court  shall  award  costs  to  the  party  in  whose 
favour  any  such  appeal  shall  be  determined,  and  to  any  party 
to  whom  notice  of  appeal  shall  be  given  and  not  prosecuted. 
When  awarded  against  any  county  superintendents,  or  over- 
seers of  the  poor  of  any  town  not  liable  for  the  support  of  its 
own  poor,  the  amount  shall  be  paid  by  the  county  trea- 
surer, on  the  production  of  a  certified  copy  of  the  order,  and 
of  the  taxed  bill  of  such  costs,  and  shall  be  by  him  charged 
to  the  town  which  shall  be  bound  to  support  such  bastard,  if 
any  town  in  the  same  county  be  so  liable,  and  if  there  be  no 
town  so  liable,  then  to  be  charged  to  the  county. 

Costs  on  appeal.  §  38.  In  Other  cases,  the  payment  of  such  costs  may  be 
enforced  by  rule  and  attachment  of  the  same  court,  or  by  an 
action  founded  on  the  order  for  their  payment.  If  the  party 
against  whom  costs  are  awarded,  reside  out  of  the  jurisdic- 
tion of  the  court  of  general  sessions,  an  action  may  be 
brought  on  such  order  by  the  party  entitled  to  such  costs. 


BASTARDS.  8» 

in  which  the  production  of  a  certified  copy  of  the  order,  and 
of  a  taxed  bill  of  the  costs,  shall  be  sufficient  evidence. (47) 

§  39.  If  the  court  of  general  sessions  quash  any  order  of  whencourtmay 

^  ,       *  make  original  or- 

filiatiorj  and  maintenance,  for  any  other  reason  than  upon  the  der  oi  tiiiaiion. 
merits  and  facts,  such  court  shall  proceed  and  make  an  original 
order  of  filiation,  in  the  same  manner  as  any  two  justices  of 
the  peace  may,  by  law  ;  or  such  court  shall  bind  over  the 
person  charged,  to  appear  at  the  next  general  sessions. 


§  40.  In  case  of  any  order  beini^  quashed,  for  any  other  ProccedinRs 

,  ,  .  1      ,  ,  II-  wlien  order 

reason  than  on  the  merits,  and  the  person  charged  being  qunshtd  for 
bound  over  as  aforesaid,  the  same  proceedings  may  be  had 
by  the  justices  of  the  peace  for  the  apprehension  of  the  per- 
son charged  as  father  of  a  bastard,  or  of  a  child  likely  to  be 
born  a  bastard,  and  for  the  making  of  an  order  of  filiation 
and  maintenance,  and  for  the  commitment  of  such  person  in 
default  of  executing  any  bond  required  by  law,  as  are  herein 
authorized  in  the  first  instance.  And  the  same  proceed- 
ings shall  be  subsequently  had  in  all  respects. 

§  41.  Whenever  any  person  shall  be  committed  to  prison 
charged  as  the  father  of  a  bastard,  or  of  a  child  likely  to  be 
born  a  bastard,  and  whenever  any  mother  of  a  bastard  shall 
be  so  committed,  for  their  default  in  not  executing  a  bond  to  wiim  father  or 
support  such  child,  or  to  indemnify  the  public,  it  shall  be  the  «/,  duty  of  cJurt. 
duty  of  the  court  of  general  sessions  of  the  ])cace  of  the 
county,  to  inquire  from  time  to  time  into  the  circumstan- 
ces and  ability  of  such  father  or  mother  to  support  such 
bastard,  or  to  procure  sureties  to  be  bound  with  either  of 
them. 

§  42.  If  the  court  shall  at  any  time  be  satisfied  that  such  Whcn  to  k-  ih- 
father  or  mother  is  wholly  unable  to  support  such  child,  or  to  ^^'"^''^''  ' 
contribute  to  its  support,  or  to  procure  sureties  to  be  bound 
with  either  of  them,  the  said  court  may,  in  its  discretion, 
order  such  father  or  mother  to  be  discharged  from  such 
imprisonment. 

§  43.  Before  any  order  for  such  discharge  shall  be  entered,  ccrtafn  notice 
the  court  shall  be  satisfied,  that  reasonable  notice  has  been  ['Jbi'gwe»*!*'**' 

(47)  1  R.  L.  310,  sec.  n. 
1  «^ 


VO  BASTARDS. 

given  to  the  overseers  of  the  poor,  or  the  county  superin- 
tendents, at  who^e  instance  such  father  or  mother  may  have 
been  committed,  of  the  intention^to  apply  for  such  discharge, 
and  shall  hear  the  allegations  and  proofs  of  the  said  superin- 
tendents or  overseers,  and  may  examine  such  father  or  mother 
on  oath,  in  relation  to  their  circumstances. 

fccTort^a^*"? '  5  44.  Whenever  a  father  or  mother  shall  be  lav^^fully  com- 
S.Kuder"this  fitted  for  the  causes  in  the  last  section  specified,  or  either  of 
T*"^-  them,  he  or  she  shall  not  be  discharged  from  imprisonment 

under  or  by  virtue  of  any  insolvent  act,  or  other  act  for  the 
rehef  or  discharge  of  imprisoned  debtors,  or  in  any  other  way, 
until  discharged  by  the  court  of  general  sessions  of  the  peace 
of  the  county. 

Bonds  for  ap-      §  45.  The  bouds  takcu  by  anv  iustice  or  indices  of  the  peace, 

pcarance,  to  be         "^  ^         .  j  j  1  ' 

signed ;  to  be  for  thc  appearanco  of  any  person  charged  as  the  father  of  a 

transmitted    to  ^  ^  .  . 

court.  bastard,  or  of  a  child  likely  to  be  born  a  bastard,  or  for  the 

appearance  of  any  mother  of  a  bastard  child,  at  any  court  of 
general  sessions  of  the  peace,  shall  be  signed  by  the  persons 
binding  themselves  as  principal  and  sureties,  and  shall  be 
transmitted  by  the  justice  taking  the  same,  or  receiving  the 
same  from  any  constable  as  herein  provided,  to  the  said  court, 
at  the  opening  of  the  next  term  thereof. 

"Td^  &?  ^^°^^  ^  '^^'  ^^  ^^y  default  shall  be  made,  by  which  such  bond  shall 
become  forfeited,  the  court  shall  cause  the  same  to  be  prose- 
cuted by  the  district  attorney  of  the  county,  and  the  penalty 
thereof  shall  be  recovered,  and  when  collected,  shall  be  paid 
to  the  county  treasurer,  to  be  by  him  credited  to  the  town 
liable  for  the  support  of  the  bastard,  if  there  be  any  such  town 
in  the  county,  and  if  there  be  none,  then  to  be  credited  to  the 
county. 


bastards. 


bmS*5!^sum)ort  §  47.  Whenever  a  bond  shall  be  taken  to  perform  any  order 
that  may  be  made  in  relation  to  the  support  of  any  bastard, 
or  of  any  child  likely  to  be  born  a  bastard,  or  for  the  suste- 
nance of  its  mother,  and  any  breach  shall  happen  in  the  con- 
dition thereof,  the  same  may  be  prosecuted  in  the  name  of 
the  people  of  this  state,  by  the  county  superintendents  of  the 
county,  or  the  overseers  of  the  poor  of  the  town,  which  was 
liable  for  the  support  of  such  bastard  or  child,  or  which  may 


BASTARDS.  &l 

have  incurred  any  expense  in  the  support  of  such  bastard  or 
child,  or  in  the  sustenance  of  its  mother  during  her  confine- 
ment and  recovery  therefrom. 

§  48.  In  such  action,  the  breaches  of  the  condition  shall  be  thrrTonf 'Sat 
assigned  as  in  actions  brought  on  bonds  with  condition  other  Keacii!^^"**^*^  * 
than  for  the  payment  of  money,  and  the  same  proceedings 
shall  be  had  in  all  respects.  It  shall  not  be  necessary  to 
prove  the  actual  payment  of  money  by  any  county  superin- 
tendent, overseer  of  the  poor,  or  other  person,  but  the  neglect 
to  pay  any  sum  which  shall  have  been  ordered  to  be  paid  by 
any  competent  authority,  for  the  support  of  the  child,  or  the 
sustenance  of  its  mother,  shall  be  deemed  a  breach  of  the 
condition  of  such  bond,  and  the  amount  of  damages  to  be 
assessed  in  such  case,  shall  be  the  sum  which  was  so  ordered 
to  be  paid,  and  which  was  withheld  up  to  the  time  of  the  com- 
mencement of  such  suit,  with  interest  thereon. 

§  49.  For  any  breaches  of  the  condition  of  such  bond  which  chr*;f?",';icS 
shall  happen  after  the  recovery  of  any  damages,  or  the  com-  ^^^^^^''^'^y- 
mencement  of  any  suit,  a  scire  facias  may  be  issued,  and  the 
same  proceedings  had,  as  in  actions  brought  on  bonds  with 
conditions  other  than  for  the  payment  of  money.  All  monies 
which  shall  be  collected  upon  any  such  bond  shall  be  paid  to 
the  county  treasurer,  and  by  him  credited  to  the  town  liable 
for  the  support  of  such  bastard,  if  there  be  any  such  town  in 
the  county,  and  if  there  be  none,  then  to  be  credited  to  the 
county. 

§  50*  If  in  any  such  suit  upon  a  bond,  in  the  name  of  the  mm'Jo^d.Sd". 
people,  the  same  shall  be  discontinued,  or  non-prossed,  or  eJ!'*^"'^*'*'"^*^*" 
judgment  shall  pass  for  the  defendant  on  verdict,  demurrer, 
or  otherwise,  the  relators  and  their  successors  in  office,  shall 
be  liable  to  pay  such  costs  as  the  court  shall  award ;  which 
payment  may  be  enforced  by  rule  and  attachment  of. the  court, 
and  shall  be  reimbursed  by  the  county  treasurer,  and  be  by 
him  charged  to  the  town  liable  for  the  support  of  such  bas- 
tard, if  there  be  any  such  town  in  the  sam^  county,  and  if 
there  be  none,  to  the  county. 

§  51.  An  action  may  be  maintained  by  the  county  super-  ,,Slo"^rcvor!tTc* 
intendents  of  the  county,  or  by  the  overseers  of  the  poor  of  the  of  bastardsTc'^ 


93  BASTARDS. 

town  which  may  be  liable  for  the  support  of  any  bastard,  or 
child  likely  to  be  born  a  bastard,  or  which  may  have  incurred 
any  expense,  or  be  liable  to  ai^y  expense,  in  the  support  of 
such  child  or  the  sustenance  of  its  mother,  upon  any  order 
that  may  be  made  by  any  two  justices  of  the  peace,  or  by  a 
court  of  general  sessions,  for*  the  payment  of  a  sum  weekly, 
or  otherwise,  for  such  support  or  sustenance,  notwithstanding 
a  bond  may  have  been  executed  to  comply  with  such  order, 
may  be  brou^rht  and  to  indemnify  anv  such  county  or  town ;  and  in  case  of  the 

against    ciecu-  ./  ^ 

to«,&c.  death  of  the  person  against  whom  such  order  was  made,  an 

action  may  also  be  maintained  on  such  order  against  his  ex- 
ecutors or  administrators.  But  when  a  bond  is  entered  into 
to  appear  at  the  next  general  sessions  of  the  peace,  no  action 
shall  be  brought  on  any  such  order,  until  the  same  shall  have 
been  affirmed  by  the  said  general  sessions. 

Proceedings         §  52.  If  tlic  Dutativc  father  or  mother  of  any  bastard,  or  of 

against  father  or  ,  m  i  ti      i  i        i  i  i  i  /  i 

mother  of   has-  any  child  likely  to  be  born  a  bastard,  and  to  become  charjre- 

Urd,  abscoBding,      ,  ,         ,     ,,  "^  ^  ,         ,  ^i     .  ,.  ., 

*c.  able,  shall  run  away  irom  the  place  of  their  ordinary  residence, 

leaving  such  bastard  or  child  chargeable,  or  likely  to  become 
chargeable  to  the  public,  the  overseers  of  the  poor  of  the  town, 
or  the  superintendents  of  the  poor  of  the  county,  where  any 
such  bastard  shall  be  born  or  be  likely  to  be  born,  may  apply 
to  any  two  justices  of  the  peace  of  the  county  where  any 
estate,  real  or  personal,  of  the  putative  father  or  mother  of 
such  bastard  shall  be,  for  authority  to  seize  and  take  such 
real  and  personal  estate.  Upon  due  proof  being  made,  to 
the  satisfaction  of  such  justices,  of  the  said  facts,  they  shall 
issue  their  warrant,  in  the  same  manner  as  is  provided  in  the 
first  title  of  this  chapter,  in  relation  to  parents  absconding  and 
leaving  their  children  chargeable ;  and  the  same  proceedings, 
in  all  respects,  shall  be  had  thereon,  and  the  overseers  and 
superintendents  shall  account  to  the  general  sessions,  in  the 
manner  therein  provided. (48) 


Mother  and  bas- 
tard how  to  be 
supported. 


§  53.  The  mother  of  every  bastard,  who  shall  be  unable  to 
support  herself,  dm'ing  her  confinement  and  recovery  there- 
from, and  every  bastard,  after  it  is  born,  shall  be  supported 
as  other  paupers  are  required  to  be  supported  by  law,  at  the 
expense  of  the  town  Avhere  such  bastard  shall  be  born,  if  the 
mother  have  a  legal  settlement  in  such  town,  and  it  be  requir- 

(48)  1  R.  L.  pnge  309,  section  8. 


BASTARDS.  93 

ed  to  support  its  own  poor ;  if  the  mother  have  a  settlement 
in  any  town  of  the  same  county,  which  is  required  to  support 
its  own  poor,  then  at  the  expense  of  such  town ;  in  all  other 
cases  they  shall  be  supported  at  the  expense  of  the  county 
where  such  bastard  shall  be  born. 

5  54.  Such  mother  and  her  child  shall  not  be  removed  from  Mother  not  to  be 

.  removed  without 

any  town  to  any  other  town  m  the  same  county,  nor  from  one  her  coii«ent. 
county  to  any  other  county,  in  any  case  whatever,  unless  vo- 
luntarily taken  to  the  county  or  town  liable  for  their  support, 
by  the   county  superintendents  of  such  county  or  the  over- 
seers of  the  poor  of  such  town. 

5  55.  The  overseers  of  the  poor  of  any  town  where  a  wo-  when  overseer* 

*  i-  J  to  notify  Biiperiii- 

man  shall  be  pregnant  of  a  child  likely  to  be  born  a  bastard,  J,f",j'!^"a*rd^/*''^ 
or  where  a  bastard  shall  be  born,  which  child  or  bastard  shall 
be  chargeable,  or  likely  to  become  chargeable  to  the  county, 
shall  immediately  on  receiving  information  of  such  fact,  give 
notice  thereof  to  the  county  superintendents,  or  one  of  them. 

§  56.  The  county  Superintendents   shall  provide  for  the  foZ'pi^lt  molker 
support  of  such  bastard  and  its  mother,  in  the  same  manner  '^"**  *^**"'** 
as  for  the  poor  of  such  county. 

§  57.  Until  the  county  superintendents  take  charge  of  and  J'u?' ofI>7t.?w^* 
provide  for  the  support  of  such  bastard  and  its  mother  so 
chargeable  to  the  county,  the  overseers  of  the  poor  of  the 
town  shall  maintain  and  provide  for  them  ;  and  for  that  pur- 
pose, the  same  proceedings  shall  be  had  as  for  the  support  of 
a  pauper  chargeable  to  the  county,  who  can  not  be  conve- 
niently removed  to  the  county  poor-house. 

§  58.  Where  a  woman  shall  be  pregnant  of  a  child  likely  Mother  and  ba»- 
to  be  born  a  bastard,  or  to  become  chargeable  to  a  town,  or  j^ncd*°by%vi5^ 
where  a  bastard  shall  be  born  chargeable,  or  likely  to  become  Jha'rpeJbiT''*'' 
chargeable  to  a  town,  the  overseers  of  the  poor  of  the  town 
where  such  bastard  shall  be  born,  or  be  likely  to  be  born, 
whether  the  mother  have  a  legal  settlement  therein  or  not, 
shall  provide  for  the  support  of  such  child  and  the  sustenance 
of  its  mother,  during  her  confinement  and  recovery  there- 
from, in  the  same  manner  as  they  are  authorized  by  law  to 
provide  for  and  support  the  poor  of  their  town. 


to 

town  or  not. 


94  BASTARDS. 

frSJ^Jar'emiof*  ^  ^^'  Where  any  money  shall  be  paid  to  any  overseers, 
bfLppiied^'how  pursuant  to  the  order  of  any  two  justices,  by  any  putative 
to  b«  accounted  father,  or  by  the  mother  of  any  bastard,  the  said  overseers 
may  expend  the  same  directly  in  the  support  of  such  child, 
and  the  sustenance  of  its  mother  as  aforesaid,  without  paying 
the  same  into  the  county  treasury.  They  shall  annually  ac- 
count, on  oath,  to  the  board  of  town  auditors,  at  the  same 
time  that  other  town  officers  are  required  to  account,  for  ex-^ 
penditures  of  all  monies  so  received  by  them,  and  shall  pay 
over  the  balance  in  their  hands,  to  their  successors  in  office, 
at  the  same  time,  and  under  the  like  penalties,  as  are  provi- 
ded by  law,  in  respect  to  the  poor  monies  in  their  hands. 

When  received      §  60.  All  monics  which  shall  be  ordered  to  be  paid  by  the 

on    account     of  •         r     i  i     i  i 

bastard  chargea-  Dutativc  father,  or  bv  the  mother  of  a  bastard  chargeable  to 

ble    to   county,  , 

howtobedispos-  any  county,  shall  be  collected  for  the  benefit  of  such  county ; 
and  all  overseers  of  the  poor,  superintendents,  sheriffs,  and 
other  officers,  shall,  within  fifteen  days  after  the  receipt  of 
any  such  monies,  pay  the  same  into  the  county  treasury. 
Upon  neglect  of  any  of  the  said  officers  to  make  such  pay- 
ment, they  shall  be  liable  to  an  action  by  ^nd  in  the  name  of 
the  county  treasurer,  for  all  monies  so  received  a»d  withheld, 
with  interest  from  the  time  of  the  receipt,  at  the  rate  of  ten 
dollars  upon  the  hundred  dollars ;  and  shall  forfeit  a  sum 
equal  to  that  so  withheld,  to  be  sued  for  and  recovered  by 
and  in  the  name  of  the  county  treasurer. 

baftaniT'^hiw^^  §  ^1-  Whcncvcr  any  dispute  shall  arise  concerning  the  legal 
determined.  settlement  of  the  mother  of  a  bastard,  or  of  a  child  born  or 
likely  to  be  born  a  bastard,  in  any  town,  the  same  shall  be 
determined  by  the  board  of  county  superintendents  of  the 
poor,  upon  a  hearing  of  the  parties  interested,  in  the  same 
manner  as  they  are  authorized  to  determine  the  settlement 
of  any  poor  person.  , 


that  purpose. 


(w^nmor  ^°^  §  ^2.  Where  a  bastard  shall  be  born  or  be  likely  to  be 
born  in  one  town,  when  the  legal  settlement  of  the  mother  is 
in  another  town  of  the  same  county,  which  is  required  by 
law  to  support  its  own  poor,  the  overseers  of  the  poor  of  the 
town  where  such  bastard  shall  be  born,  or  be  likely  to  be 
born,  shall  give  the  like  notice  to  the  overseers  of  the  town 
where  the  mother's  settlement  may  be,  as  is  required  in  the 


BASTARDS.  9B 

case  of  a  person  becoming  a  pauper,  under  the  like  circum- 
stances ;  and  the  same  proceedings  shall  be  had  in  all  res- 
pects, to  determine  the  hability  of  such  town,  as  in  the  case 
of  paupers. 

6  63}  The  overseers  of  the  town  to  which  the  mother  of  Proceedings  for 

.  ,  p         I    that  purpose, 

such  bastard  belongs,  may,  before  the  confinement  of  such 
mother,  or  at  any  time  after  the  expiration  of  two  months 
after  her  delivery,  if  her  situation  will  permit  it,  take  and  sup- 
port such  mother  and  her  child. 

§  64.  If  they  omit  to  do  so,  and  fail  to  obtain  the  determin-  "* 
ation  of  the  county  superintendents  in  their  favor  on  the  ques- 
tion of  settlement,  the  town  to  which  the  mother  belongs, 
shall  be  liable  to  pay  all  the  expenses  of  the  support  of  such 
bastard,  and  of  its  mother  during  her  confinement  and  recov- 
ery therefrom  ;  which  expenses,  after  being  allowed  by  the 
county  superintendents,  shall  be  assessed,  together  with  the 
lawful  interest  on  the  monies  expended,  on  the  town  to  which 
such  mother  belongs,  and  shall  be  collected  in  the  same  man- 
ner as  provided  for  poor  persons  supported  under  the  same 
circumstances  ;  and  the  monies  so  collected,  shall  be  paid  to 
the  county  treasurer,  for  the  benefit,  and  to  be  credited  to  the 
town  which  incurred  the  said  expenses. 

§  65.  In  those  cases  where  anv  town  is  required  to  sup-  ^'"^j^"'  **''  i""*f« 

■*  "  ^  i^     to  fix  sum  to  be 

port  a  bastard  and  its  mother,  whether  the  mother  have  a  f^^pj'nded  for  ba»- 

■i  '  tnras,  &c.  m  cei- 

settlement  in  such  town  or  not,  and  no  monies  shall  be  re-  ^^"  '^***^'- 
ceived  from  the  putative  father,  or  from  the  mother,  to  defray 
the  expense  of  such  support,  the  overseers  of  the  poor  shall 
apply  to  a  justice  of  the  peace,  and  obtain  an  order  for  the 
support  of  such  bastard,  ^nd  the  sustenance  of  its  mother, 
during  her  confinement  and  recovery  therefrom,  and  the  sum 
to  be  allowed  therefor,  in  the  same  manner  as  is  required  in  the 
case  of  paupers ;  and  the  monies  paid,  or  contracted  to  be 
paid,  by  the  overseer,  pursuant  to  such  order,  shall  be  paid  / 
by  the  county  treasurer,  in  the  same  manner  as  for  paupers, 
and  be  charged  to  the  town  to  whose  officers  such  payment 
shall  be  made. 

§  66.  If   there  be  a  county  ])oorhouse,  or   other    place     ^'^icn  bastard 

■  1     1  r         \  '  ^"^  mother  to  be 

provided  lor  the  reception  of  the  poor,  in  any  county  where  removed  to  coun- 

*  *'  ♦^  ty  poor-houBc; 


9«  BASTARDS. 

the  towns  are  required  to  support  their  own  poor,  the  over- 
,  seers  of  the  poor  of  a  town  where  a  bastard  shall  be  born, 

or  shall  be  likely  to  be  born,  may,  with  the  approbation  of  the 
county  superintendents,  or  any  two  of  them,  and  when  the 
situation  of  the  mother  will  allow  it,  remove  the  mother  of 
such  bastard,  with  her  child,  to  such  poorhouse,  or  other 
how  supported  placc,  in  the  same  manner  as  paupers  may  be  removed ;  the 
expense  of  which  shall  be  defrayed  in  the  like  manner,  and 
such  mother  and  her  child  shall  be  considered  as  poor  of  the 
town  so  liable  for  their  support,  and  the  expense  shall  in  like 
manner  be  estimated  and  paid. 

rntendemS'^and  ^  ^^'  "^^^^  Superintendents  of  county  poor,  or  any  over- 
o^erBeerBfor»cg-  socrs  of  the  poor  of  any  town,  whose  duty  it  shall  be  to  pro- 
vide for  the  support  of  any  bastard  and  the  sustenance  of  its 
mother,  who  shall  neglect  to  perform  such  duty,  shall  be 
deemed  guilty  of  a  misdemeanor ;  and  shall,  on  conviction, 
be  liable  to  a  fine-  not  exceeding  two  hundred  and  fifty  dol- 
lars, or  to  imprisonment  not  exceeding  one  year,  or  to  both. 

Compromise        §  68.  The  commissioncrs  of  the  almshouse  and  bridewell 

with    putative  r-     i  •  f  -ivt  ^7-      i  /»     1  1 

fathers  in  New-  of  the  City  of  Ncw-iork,  or  any  two  of  them,  may  make 
such  compromise  and  arrangements  with  the  putative  fathers 
of  bastard  children  in  the  said  city,  relative  to  the  support 
of  such  children,  as  they  shall  deem  equitable  and  just,  and 
thereupon  may  discharge  such  putative  fathers  from  all  lia- 
bility for  the  support  of  such  bastards. 

Penalty  cm  can-      §  69.  Evcry  coustablc  or  Other  officer,  to  whom  any  bond 

stables  neglect-  "'  r'l  r        ^  n  i-iiTii 

ing  to  deliver      of  thc  Dutativc  father  01  a  bastard,  or  of  a  child  likely  to  be 

over     bonds    re-  *  "^ 

ceived  by  them,  bom  a  bastard,  taken  out  of  the  county  where  the  warrant 
was  issued,  shall  be  delivered. as  h^ein  before  directed,  who 
shall  neglect  or  refuse  to  deliver  the  same  to  the  justice  who* 
issued  such  warrant,  within  fifteen  days  after  the  receipt  of 
the  same,  shall  forfeit  the  sum  of  twenty-five  dollars,  to  be 
sued  for  and  recovered  by  and  in  the  name  of  nny  overseers 
of  the  poor,  or  county  superintendents,  at  whose  instance  the 
said  warrant  was  issued. 

Justices  endors-      §  70.  No  lusticc  of  the  pcacc  shall  be  liable  to  any  infor- 

Ing  warrant  un-  '  "^  ,  ^  *  ^1  x*  t. 

derthisTiiie.not  niation,  iiidictmcnt,  action  of  trespass,  or  other  action,  by 
reason  of  his  having  endorsed  any  warrant  issued  for  the 


BEER  CASKS.  97 

apprehension  of  the  putative  father  of  a  bastard,  or  of  a 
child  likely  to  be  born  a  bastard,  although  it  should  after- 
wards appear  that  such  warrant  was  illegally  or  improperly 
issued. 

§71.  If  any  justice  who  shall  have  issued  any  w'arrant  ^  Jj^f/^f^'a^h^^'" 
for  the  apprehension  of  the  father  of  a  bastard,  or  of  a  child  ^Unln{:  ^"^"^^ 
likely  to  born  a  bastard,  shall  have  died,  vacated  his  office,  or 
be  absent  on  the  return  of  such  warrant,  the  constable  who 
may  apprehend  such  father,  shall  carry  him  before  some 
other  justice  of  the  same  town,  who  shall  have  the  same 
authority  to  proceed  therein  as  the  justices  who  issued  such 
warrant.* 


BEER  €AI$K8  — Regulation  of. 


1.  Casks  to  be  gauged  and  marked. 
3.  Size  of  barrel  and  hoggiicad. 
3.  Expenao  of  being  re-guaged. 

AN  ACT  regulating  the  gauge  of  Beer  Casks  in  the  City  of 
New-York  and  fulage  of  Brooklyn. 

Passed  May  4,  1829.  Chap.  362,  p.  555. 

1.  §  1.  From  and  after  the  first  day  of  August  next,  all  caskstobegaof- 

•^  ^  cd  and  marked. 

casks  of  beer  offered  for  sale  in  the  city  of  Ne\^  York  and  the 
village  of  Brooklyn,  shall  be  gauged,  and  the  gauge  marked 
on  every  cask,  together  witli  the  initials  of  the  name  of  the 
gauger. 

*The  first  actupsn  this  subject  may  be  found  V.  S.  vol.  1,  p.  98,  passed  24th  October, 
1706.  It  declares  the  bastard  cliild  shall  follow  the  condition  of  the  mother,  and  if  bom 
of  a  Negro,  Indian,  Mulatto,  &c.  it  shall  be  a  slave.  By  an  act  passed  7th  February,  1788, 
Grccnleaf,  vol.  2,  p.  32,  power  is  given  to  two  justices  to  make  orders  for  the  support  of 
bastard  children,  and  to  cause  the  estates  of  lathers  and  mothers  of  bastard  children  to  be 
seized  for  their  support :  and  by  an  act  passed  7th  of  March,  1788,  Greenleaf,  vol-  2,  p.  133, 
more  ample  provision  is  made  for  the  support  of  bastards  and  settlement  of  the  poor.  The 
act  of  7th  of  February,  1788,  is  amended  by  an  act  passed  9th  of  March,  1793,  Greenleaf, 
vol.  3,  p.  56,  which  further  points  out  the  mode  of  proceeding  and  authorizes  the  court  to 
order  the  clerk  to  compound  for  penalties  under  the  act.  By  an  act  passed  6th  March,  1801, 
K.  &  R.  vol.  1,  p.  394,  provision  is  made  in  the  7th  $,  that  it  shall  not  be  lawful  for  any  justice 
of  the  peace  to  send  for  any  woman  whatever,  in  order  to  her  being  examined  concerning 
her  pregnancy  or  supposed  pregnancy,  until  one  month  after  she  shall  be  delivered,  or  to 
compel  any  woman  before  she  shall  be  delivered,  to  answer  to  any  question  relating  to  her 
pregnancy.    Thia  act  is  incorporated  in  the  revision  of  1813  with  some  additional  provisioos. 

13 


98  BETTING  AND  GAMING, 

sixe  of  barrel       2.  §  2.  A  baiTel  of  beer  shall  be  deemed  and  taken  to  con- 

and  hogshead.  ,       ' 

tain  thirty-two  gallons,  and  a  hogshead  of  beer  to  contain 
sixty-three  gallons.  V 

of  bdiTg'UgaS^^      ^'  §  ^'  When  any  purchaser  of  beer  shall  require  a  cask 
^^'  or  casks  to  be  re-gauged,  it  shall  be  done  at  the  expense  of 

the  said  purchaser,  unless  the  said  cask  or  casks  so  required 
to  be  re-gauged,  shall  be  found  to  gauge  less  than  they  are 
marked,  in  which  case  the  expense  of  re-gauging  siTch  cask 
or  casks  shall  be  paid  by  the  vendor. 


BETTING   A]^D   GAMING. 

Revised  Statutes,  Vol.  1,^;.  GGl. 
ARTICLE  THIRD. 

OF    BETTING    AND    GAMING. 


SicT.  8.  All  wagers  unlawful ;  all  contracts  on  account  of  wafers,  void. 

9.  Money  and  property  wagered  ni;iv  be  recovered  of  stakeholder  or  winner. 

10.  Two  last  sections  not  to  extend  tycertain  insurances  and  contracts. 

11.  Cheating  at  games  a  misdemeanor. 

12.  Winners  at  any  game  to  forfeit  five  times  the  value  won. 

13.  Winning  or  losing  $-25  Avithin  twenty-four  Jiours,  a  misdemeanor. 

14.  Persons  losing  at  any  sitting  $25,  may  recover  it  back, 

15.  If  not  sued  for  by  losers,  may  be  recovered  by  overseers  of  the  poor. 

16.  Securities  for  money  lost  at  gaming,  &c.  void. 

17.  If  such  sHuritics  atfec^  real  estate,  to  enure  to  heir  df  grantor,  &c. 

18.  Persons  betting,  playing,  &;c.  competent  witnesses  against  others. 

19.  Persons  liable  to  suit,  may  be  compelled  to  answer  bills  of  discovery. 

20.  Answer  not  to  be  testimony  against  such  persons. 

21.  When  and  how  witnesses  may  be  discharged  from  penalties  of  this  Title. 

All  wagerg  un-  ^  8.  All  wagcrs,  bcts,  or  stakes,  made  to  depend  upon  any 
race,  or  upon  any  gaming  by  lot  or  chance,  or  upon  any  lot, 
chance,  casualty,  or  unknown  or  contingent  event  whatever, 
shall  be  unlawful.  All  contracts  for  or  on  account  of  any 
money  or  property,  or  thing  in  action  so  w^agered,  bet,  or 
staked,  shall  be  void.  (65) 

Property  staked      §  9.  Any  pcrsou  who  shall  pay,  deliver,  or  deposit  any  mo- 

may  be  recovered  "^    ^  ...  .       *^  ,  ^ 

ney,  property,  or  thmg  m  action,  upon  the  event  oi  any  wager 

(65)   1  R.  L.  223,  section  5. 


BETTING  AND  GAMING.  9$ 

or  bet  helfein  prohibited,  may  sue  for  and  recover  the  same  of 
the  winner  or  person  to  whom  the  same  shall  be  paid  or  de- 
livered, and  of  the  stakeholder  or  other  person  in  whose  hands 
shalj  be  deposited  any  such  wager,  bet,  or  stake,  or  any  part 
thereof,  whether  the  same  shall  have  been  paid  over  by  such 
stakeholder  or  not,  and  whether  any  such  wager  be  lost  or  not. 

'    §  10.  The  two  last  sections  shall  not  be  extended  so  as  to  ^S."^^""* 
prohibit  or  in  any  way  affect  any  insurance  made  in  good 
faith  for  the  security  or  indemnity  of  the  party  insured,  and 
which  are  not  otherwise  prohibited  by  law ;  nor  to  any  con- 
tract on  bottomry  or  respondentia. 

§  11.  Any  person  who  shall  by  any  fraud  or  unlawful  de-  unratVum^.^*" 
vice  or  ill  practice  whatsoever,  while  playing  at  any  game, 
or  while  bearing  a  share  in  the  wagers  played  for,  or  while 
betting  on  the  sides  or  hands  of  such  as  play,  win  or  acquire 
to  himself  or  to  any  other,  any  sum  of  money  or  other  valua- 
ble thing,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  deemed  infamous. (GO) 

§  12.  Every  person  who  shall,  at  any  one  time  or  sitting,  J^i^iirSum 
win  by  playing  at  any  game,  of  any  one  or  more  persons,  any  '^'^^^ 
sum  or  value,  shall  forfeit  five  times  the  value  of  the  money 
or  other  things  so  won,  to  be  recovered  by  and  in  the  name 
of  the  overseers  of  the  poor  of  the  town,  for  the  use  of  the 
poor.  (60) 

§  13.  Every  person  who  shall  win  or  lose  at  play,  or  by  n^,*igorio8*iiJ«« 
Tjetting  at  any  time  the  sum  or  value  of  twenty-five  dollars 
or  upwards,  within  the  space  of  twenty-four  hours,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
fined  not  less  than  five  times  the  value  or  sum  so  lost  or  won ; 
which,  after  deducting  such  reasonable  charges  of  the  prose- 
cutor and  witnesses  as  the  court  shall  allow,  shall  be  paid  to 
the  overseers  of  the  poor  of  the  town  w^here  the  offence  was 
committed,  for  the  benefit  of  the  poor.  (67) 

§  14.  Every  person  who  shall,  by  playing  at  any  game,  or  ^^^"'°[*'''[^^ 
by  betting  on  the  sides  or  hands  of  such  as  do  play,  lose  at  ver  ihwu  back. 

(C6)  1  R.  L.  153,  section  5.        (07)  Ibid,  section  6. 


100  BETTING  AND  GAMING. 

any  time  or  sitting  the  sum  or  value  of  twenty- five  liollai's  or 
upwards,  and  shall  pay  or  deliver  the  same  or  any  part  there- 
of, may,  within  three  calendar  n^onths  after  such  payment  or 
delivery,  sue  for  and  recover  the  money  or  value  of  the  things 
so  lost  and  paid  or  delivered,  from  the  winner  thereof.  (68) 

When  to  be  col-      §  15.  In  casc  the  person  losinf]:  such  sum  or  value  shall  not, 

lected    by   over-       .  ,  ,  n       • 

of  the  poor,  withui  the  time  aforesaid,  in  good  faith  and  without  collusion, 


seers 


sue  for  the  sum  or  value  so  by  him  lost  and  paid  or  deliver- 
ed, and  prosecute  such  suit  to  effect  without  unreasonable  de- 
lay, the  overseers  of  the  poor  of  the  town  where  the  offence 
was  committed,  may  sue  for  and  recover  the  sum  or  value  so 
lost  and  paid,  together  with  treble  the  said  sum  or  value,  from 
the  winner  thereof,  for  the  benefit  of  the  poor.  (68) 

Securities  for  §  16.  All  things  in  actiou,  judgments,  mortgages,  convey- 
ming,  void,  &c.  aucos,  and  every  other  security  whatsoever,  given  or  executed 
by  any  person,  where  the  whole  or  any  part  of  the  conside- 
ration of  the  same  shall  be  for  any  money  or  other  valuable 
thing  won  by  playing  at  any  game  whatsoever,  or  won  by 
betting  on  the  hands  or  sides  of  such  as  do  play  at  any  game, 
or  where  the  same  shall  be  made  for  the  repaying  any  money 
knowingly  lent  or  advanced  for  the  purpose  of  such  gaming 
or  betting  aforesaid,  or  lent  or  advanced  at  the  time  and  place 
of  such  play  to  any  person  so  gaming  or  betting  aforesaid,  or 
to  any  person  who,  during  such  play,  shall  play  or  bet,  shall 
be  utterly  void,  except  where  such  securities,  conveyances, 
or  mortgages  shall  affect  any  real  estate,  when  the  same  shall 
be  void  as  to  the  grantee  therein,  so  far  only  as  herein  after 
declared.  (69) 

upo?reafesme'  §  1'7.  When  any  securities,  mortgages,  or  other  convey- 
S  "hei^^  ir^of  ances,  executed  for  the  whole  or  part  of  any  consideration 
grantor.  specified  in  the  preceding  section,  shall  affect  any  real  estate, 

they  shall  enure  for  the  sole  benefit  of  such  person  as  would 
be  entitled  to  the  said  real  estate,  if  the  grantor  or  person  in- 
cumbering the  same  had  died  immediately  upon  the  execution 
of  such  instrument,  and  shall  be  deemed  to  be  taken  and  held 
to  and  for  the  use  of  the  person  who  would  be  so  entitled. 
All  grants,  covenants,  and  conveyances,  for  preventing  such 

(68)  1  R.  L.  153,  section  2.  (69)  Ibid,  section  1. 


BETTING  AND  GAMING.  101 

real  estate  from  coming  to,  or  devolving  upon,  the  person 
hereby  intended  to  enjoy  the  same  as  aforesaid,  or  in  any  way 
incumbering  or  charging  the  same,  so  as  to  prevent  such  per- 
son from  enjoying  the  same  fully  and  entirely,  shall  be  deem- 
ed fraudulent  and  void. (69) 

§  18.  No  person,  other  than  the  parties  in  the  cause,  shall  &e'^oinfSi7' 
be  incapacitated  or  excused  from  testifying,  touching  any  of-  oulerT^^  ^^""^^^^ 
fence  committed  against  any  of  the  foregoing  provisions,  re- 
lating to  gaming,  by  reason  of  his  having  played,  betted,  or 
staked  at  any  game,  as  herein  prohibited ;  but  the  testimony 
of  any  such  person  shall  not  be  used  against  him,  in  any  suit 
or  prosecution  hereby  authorized.  (70) 

§  19.  Every  person  who  shall  be  liable  to  be  sued  by  any  onnscove/"muy 
loser  or  other  person,  by  virtue  of  any  of  the  foregoing  pro-  ^^  compeiiLU. 
visions  relating  to  gaming,  in  this  Article  contained,  shall  be 
compelled  to  answer,  on  oath,  any  bill  that  may  be  exhibited 
against  him  in  the  court  of  chancery,  for  discovering  the  mo- 
ney or  other  things  won  at  play  contrary  to  law ;  and  may 
be  compelled,  by  decree  of  such  court,  to  return  the  same.  (71) 

§  20.  The  answer  to  suchbili  shall  not  be  used  as  testimony,  An^wprsnot  tes- 

'  -^  '  tiinony  in  certain 

in  any  case,  against  the  person  making  such  discovery. (71)      '^^'^^'^^• 

§  21.  Any  person  offending  against  any  of  the  provisions  whon  witnesses 
contained  in  this  Article,  who  shall  be  admitted  and  examin-  Sf^mpcuiiu^^^^^ 
ed  as  a  witness,  in  any  court  of  record,  to  sustain  any  suit  or 
prosecution  herein  authorized,  may,  by  rule  of  the  court,  be 
discharged  from  all  penalties  by  reason  of  such  offence,  if  such 
person  hath  not  before  been  convicted  thereof,  or  of  a  similar 
oflence,  and  if  it  appear  to  the  court  satisfactorily,  that  such 
person  was  duped  or  enticed  into  the  commission  of  the  of- 
fence, by  those  against  whom  he  shall  testify.* (72) 

(69)  1 R.  L.  153,  ^  1.         (70)  lb.  ^  8.         (71)  i  Rev.  L.  153,  ^  3  &  4.        (72)  lb.  $  7. 

*  The  first  notice  taken  of  this  subject  appears  to  be  a  statute  passed  by  the  Frovincial 
Assembly  of  the  29th  of  November,  1745.  It  declares  that  no  Tavern  keeper,  Inn  keeper, 
&c.  shall  keep  gaming  tables  under  a  penalty  of  twenty  pounds',  or'  suffer  youth  and 
servants  to  game  in  their  houses  under  the  penalty  of  three  pounds,  and  imposes  a  penalty 
of  si.x  shillings  on  apprentices,  servants,  &c.  for  gaming. 

By  an  act  passed  20th  of  February,  1788,  2  Gr.  p.  60,  entitled  "  an  act  to  prevent  exccssiTe 
and  deceitful  gaming,"  it  is  stated  that  the  laws  then  in  force  ware  found  insufficient  t«  re- 
strain the  evils,  it  enacts  that  all  notes,  bills,  bonds,  mortgages  and  securities  for  money, 
&c.  won  by  gaming  or  betting  on  games  to  be  void,  and  that  any  person  losing  money  or 
other  things  to  the  value  of  ten  pounds,  by  gaming,  may  recover  the  same  by  suit  from  the 


102  BILLS  OF  HEALTH. 


BILLS  OF  HEALTH. 

Revised  Laws,  Vol  2,  p,  44^4:. 

ACT  TO  REDUCE,  &c. 

1.  Mayor  when  to  give  bills  of  health  to  vessels  sailing  from  New- York. 

.Mayor  when  JO      1.  ^  CCLXII.  And  be  it  further  enacted,  That  every  prac- 
hoaith  to  veaeeis  titioner  of  plivsic  in  the  said  city  shall,  Avhenever  called  on  for 

•ailing   from  N.  ^    -^  J  ' 

York.  that  purpose,  by  the  mayor,  or  in  his  absence,  by  the  recorder, 

give  his  opinion,  in  vvrriting,  as  to  the  existence  of  any  in- 
fectious or  contagious  disease  in  the  said  city  ;  and  that  the 
said  mayor  may,  when  thereunto  required,  if  such  opinion 
will,  in  his  judgment  warrant  it,  deliver  certificates  under  his 
seal  of  office,  to  masters  of  vessels  sailing  from  the  said  city, 
stating  the  general  health  of  ^le  said  city. — Vide  "  Public 
Health." 

winner,  and  it  is  further  provided  that  persons  winning  by  fraud  and  deceit  any  sum  of 
money  or,  other  thing,  or  who  at  one  sitting  shall  win  above  ten  pounds,  shall  forfeit  five 
times  the  value;  and  winners  by  fraud  and  deceit  are  declared  infamous,  and  shall  suffer 
such  punishment  as  in  cases  of  wilful  and  corrupt  perjury:  and  power  is  given  to  the  jus- 
tices to  bind  to  the  good  behaviour  persons  who  support  themselves  by  gaming.  This  sta- 
tute is  incorporated  in  the  revision  of  Keut.&.  Rad.  vol.  1,  p,  231,  and  also  in  the  revision  of 
1813,  Vide  vol.  ],  p.  152. 


BILLS  AND  NOTES.  103 


BILLS  AND  N^OTES. 

Revised  Statutes,  Vol  I.  p.  768. 

1.  Clerk  of  New-York  to  keep  registry  of  inhabitants.  • 

2.  Iniiabitants  to  register'thtir  names  and  places  of  business. 

3.  Exceptances  may  be  demanded,  &c. 

4.  If  registry  not  made,  drafts  may  be  presented. 

5.  Notices  may  be  left  at  tlie  Post  Office. 

6.  When  disease  shall  be  deemed  to  have  subsided. 

L  §  12.  Whenever  the  board  of  health  of  the  city  of  New-  ^I^H^^f^^ 
York,  or  any  other  competent  authority,  shall,  by  public  no-  ,^ha*bitams\^bJ 
tice,  designate  any  portion  or  district  of  the  said  city  as  be-  ^""^^  ^^  ^'*''** 
ing  the  seat  of  any  infectious  or  contagious  disease,  and  de- 
clare communication  with  such  portion  or  district  dangerous, 
or  shall  prohibit  such  communication,  it  shall  be  the  duty  of 
the  clerk  of  the  said  city  and  county,  during  the  continuance 
of  such  disease  in  such  district,  to  provide  and  keep  in  his 
office  a  book,  for  the  purpose  of  registering  in  alphabetical 
order,  the  names,  firms,  and  places  of  business  of  any  inhabi- 
tant of  the  city,  who  shall  desire  such  registry  to  be  made.(4) 

2.  §  13.  It  shall  be  the  duty  of  all  persons  and  firms  usually  g^te?tSname» 
resident,  or  doing  business  within  such  infected  district,  to  sSiee^s.Tc."^''"' 
register  in  the  book  so  provided  by  the  said  clerk,  their  names 

or  firms,  with  the  place  or  places  out  of  such  infected  district, 

but  within  the  county  of  New- York,  to  which  they  may  have 

removed  the  transaction  of  their  business,  or  to  which  they 

may  desire  any  notices  to  be  sent  or  served,  or  any  notes, 

drafts  or  bills,  to  be  presented  for  acceptance  or  for  payment. 

The  sum  of  twenty-five  cents  may  be  claimed  and  received    Feeofcierk. 

by  the  said  clerk  for  every  such  registry;  but  the  book  in  RrgiBtermaybe 

which  the  same  shall  be  entered,  shall  be,  at  all  times  during  ^''^'""  "*^   ^'^*  "' 

office  hours,  open  to  public  examination,  free  of  all  charges.  (4) 

3.  §  14.  During  the  continuance  of  any  such  disease  in  such  Acceptances, &«. 

•    r  1     ^•        •  M    1      r  i  i  -n  i  •    i    i       i  ^^V  l>c  demand- 

iniected  district,  all  draits,  notes  and  bills  which  by  law  are  ed. 

required  to  be  presented  for  acceptance  or  for  payment,  may 

be  presented  for  such  purpose  at  the  place  so  designated  in 

such  registry ;  and  all  notices  of  non-acceptance  and  of  non-  Notices, &c.  may 

-,  ^  be  served  at  de- 

payment,  of  any  note,  draft,  or  bill,  or  of  protest,  for  such  non-  »ignated  place. 

(4)  Laws  of  1826,  p.  12,  $  1  &,  2. 


104  BILLS  AND  NOTES. 

acceptance  or  non-payment,  may  be  served  by  leaving  the 
same  at  the  place  so  designated. (4) 

If  registry,  not  4.  §  15.  In  casc  any  person  or  firm,  usually  resident  or  do- 
may  be  presented  ing  business  w^ithin  such  infected  district,  shall  neglect  to 
make  and  cawse  to  be  entered  in  the  book  so  provided,  the 
registry  herein  required,  all  notes,  drafts  or  bills,  which  by 
law^  are  required  to  be  presented  to  such  person  or  firm  for 
acceptance  or  for  payment, may  be  presented  to  the  said  clerk 
of  the  qity  and  county  of  New- York,  during  the  continuance 
of  such  disease,  at  any  time  during  office  hours,  and  demand 
of  acceptance  or  payment  thereof,  may  be  made  of  the  said 
'  clerk,  to  the  same  purpose  and  with  the  same  effect,  as  if  the 
same  had  been  presented,  and  acceptance  or  payment  demand- 
ed, of  such  person  or  firm,  at  their  usual  place  of  doing  busi- 
ness. 

And  notices  &c.      5.  §  16.  In  casc  of  the  omission  to  make  the  resristry  herein 

may   be   left   at  i        n  •  r     ^  o         J 

poat-office.  required,  all  notices  of  the  non-acceptance  or  non-payment 
of  any  note,  draft,  or  bill,  or  of  protest  for  such  non-accept- 
ance or  non-payment,  may  be  served  on  any  person  or  firm, 
usually  resident  or  doing  business  within  such  infected  dis- 
trict, by  leaving  the  same  at  the  post-office  for  the  said  city 
of  New- York ;  which  service  shall  be  as  valid  and  effectual, 
as  if  the  notices  had  been'served  personally  on  such  person, 
or  one  of  such  firm  at  his  or  their  usual  place  of  doing  busi- 
ness. 

6.  §  17.  Whenever  proclamation  shall  be  made  by  the 
board  of  health,  or  other  proper  authority  of  the  city  of  New- 
York,  that  an  infectious  or  contagious  disease  in  any  such  in- 
fected district  has  subsided,  it  shall  be  deemed  to  have  subsid- 
ed for  all  the  purposes  contemplated  in  this  title. 

(4)  Laws  of  1836,  p.  13,  $  1  &  2. 


BOARDING  HOUSE  AND  TAVERN  KEEPERS.       105 

BOARDIXG  HOUSE  AND  TAVERN  KEEPERS. 

Revised  Statutes,  Vol.  I, p.  292. 

I.  Duty  of  Tavern  keepers,  &c.  as  to  enrolment,  &c. 
a.  Penalty  for  neglect  of  duty. 

3.  Duty  of  Tavern  keepers,  <fcc.  that  persons  liable  to  military  duty  may  be  warned- 

4.  Penalty  for  neglect. 

1.  §  6.   All  tavern  keepers,  keepers  of  boarding-houses,    Dutyof  tarern 
persons  having  boarders  in  their  families,  and  house-keepers, 

upon  their  being  thereto  requested  by  the  commanding  offi- 
cer of  the  company  within  the  beat  in.  which  they  reside, 
shall  give  to  such  commanding  officer,  a  true  account  of  all 
persons  lodging  or  boarding  with  them,  and  of  their  names,  if 
known,  to  the  end  that  such  persons  as  are  liable  to  do  mili- 
tary duty,  may  be  enrolled  according  to  law. 

2.  §  7.  If  any  person  of  whom  such  account  is  demanded,      ^'''• 
shall  refuse  to  give  such  account  and  names,  or  shall  wilfully 

give  a  false  account,  he  shall  forfeit  and  pay  twenty-five  dol- 
lars, to  be  recovered  by  the  commanding  officer  of  the  regi- 
ment, for  the  use  of  his  regiment. 

Revised  Statutes,   Vol.  1.  p.  305. 

3.  §  25.  All .  tavern  keepers,  keepers  of  ooardinnr-houses,    DutyoftaTem 

.  ^  .  *  ^  '  ki^epers,  tee.  in 

persons  ha vmg  boarders  in  their  families,  and  house  keepers,  "'*"""  »?  p*'^' 

,     .      1  ^  "o""   liable    to 

upon  their  being  thereto  requested  by  the  commandant  of  "^"^'^^  *"»'- 
the  company  within  the  beat  of  wjiich  they  reside,  or  by  the 
non-commissioned  officer  of  any  such  company,  having  a 
warrant  from  such  commanding  officer,  to  warn  persons  to 
attend  any  parade,  shall  give  to  such  commanding  officer, 
or  non-commissioned  officer,  a  true  account  of  all  persons 
lodging  or  boarding  with  them,  and  of  their  names,  if  known ; 
to  the  end  that  such  persons  as  are  liable  to  do  military  duty, 
may  be  warned  to  rendezvous,  according  to  law. 

4.  §  26.  If  any  person,  of  whom  such  account  is  so  de-      ^*^'*^*''' 
manded,  shall  refuse  to  give  such  account  and  names,  or  shall 
wilfully  give  a  false  account,  he  shall  forfeit  and  pay  l^-enty- 

five  dollars,  to  be  recovered  by  the  commandant  of  the  re- 
giment, for  the  use  of  his  regiment. 

11 


106  BUILDINGS  — Foundation  of. 

BUILDINGS  —  Foimdation''of, 

[Forty-First  Session. —  Vol  4,  c.  101.] 

CHAP.  CYI. 

AN  ACT  relative  to  the  foundations  of  buildings  in  the  city 
of  New-York, 

1.  Foundation  of  buildings. 
2.|Daiuages  when  not  to  bo  recovered. 

Passed  April  10,  1818. 

Foundations  1.  §  I.  BE  it  enacted  by  the  People  of  the  State  of  New- 

York,  represented  in  Senate  and  Assembly,  That  the  founda- 
tion of  each  and  eveiy  building  which  shall  be  erected  in  the 
city  of  New-York,  after  the  first  day  of  May  next,  shall  not 
be  less  than  six  feet  below  the  street  or  side  walk  directly 
in  front  of  said  foundation:  Frouided  always,  That  said 
foundations  can  be  so  laid  or  built  without  injury  to  any 
building  or  buildings  which  may  have  been  erected  on  the 
adjoining  grounds  before  the  first  day  of  May  :  And  provided 
also,  That  in  all  low  and  wet  situations  in  said  city,  where 
it  shall  be  impracticable  to  lay  the  said  foundations  six  feet 
below  the  said  street  or  side  walk,  it  shall  be  sufficient  that 
the  same  be  laid^as  low  as  ]^thc  standing  waters  in  such 
situations. 

No  damnges  to  2.  §  II.  And  be  it  farther  enacted.  That  the  owner  or 
certain  cases,  owncrs  of  cach  and  cveiy  building  which  shall  be  erected 
in  the  city  of  New-York,  after  the  first  day  of  May  next, 
the  foundations  of  which  shall  not  be  in  conformity  to  this 
act,  shall  be  barred  from  the  recovery  of  any  damages  such 
building  or  buildings  may  hereafter  sustain  by  the  erecting 
any  building  or  foundation  adjoining  thereto,  in  pursuance  of 
the  provisions  of  this  act :  Provided,  That  ordinary  care  be 
taken  in  erecting  such|buildings  or  in  laying  such  founda- 
tions.— Vide  Title,  "  Fires,  prevention  q/!" 


C  ARRI  AGES.->C  A  VALR  Y.  1 07 

CARRIAGES. 

[Thirhj-Sixth  Session. —  Vol  2,  p.  342.] 
CHAP.  LXXXVI. 

AN  ACT  TO  REDUCE,  &c.  , 

Passed  April  9,  1813. 

PASSAGE    OP    CARRIAGES. 

1.  Carriages  to  take  to  tho  right  of  the  road. 

2.  VVlio  liable  to  penalty. 

lACXCYlll.And  he  it  further  enacted.  That  in  allcasesof  can-iaceitotako 

,         ,  .  1  •        1  •        right  side  of  road. 

persons  meeting  each  other  in  any  street  or  road  in  the  city 
and  county  of  New- York,  in  carriages,  wagons,  carts  or 
sleighs,  each  person  so  meeting  shall  go  to  that  side  of  the 
street  or  road  on  his  right,  so  as  to  enahlc  the  carriages, 
wagons,  carts  or  sleighs  so  meeting,  to  pass  each  other,  un-  penalty, 
dpr  the  penalty  of  five  dollars  for  every  offence,  to  be  re- 
covered by  an  action  of  debt,  with  costs  of  suit,  in  any  court 
having  cognizance  thereof,  by  any  person  suing  for  the  same. 

2.  §  CXCIX.  And  he  it  farther  enacted,  That  the  proprietor  who  liabic  for 
of  the  carriage,  wagon  or  sleigh  neglecting  or  refusing  to  p*"*^^' 
turn  to  the  right  as  above  directed,  shall  be  considered,  if 
present  at  the  time  of'  such  meeting,  as  the  person  commit- 
ting the  said  offence,  and  if  absent,  then  the  driver  thereof 
shall  be  so  considered.* 


CAVALRY. 

Revised  Statutes,   Vol.  1,  p.  336. 

§  68.  Persons  under  eightten  years  of  age,  in  the  city  of 
New- York,  shall  in  no  case  be  permitted  to  enlist  in  any 
company,  or  troop  of  cavalry,  artillery,  or  light  artillery, 
light  infantry  or  riflemen. 

*  By  an  act  passed  21sfrof  Marcii,  178T,  2  J.  &  V.  122,  ^  10,  it  is  enacted  that  In  all  cases 
of  pcif  oiis  meeting  each  other  on  any  of  the  said  roads  (public  roads  on  Manhattan  Island,) 
or  highways,  in  carriagrs,  wagons,  carts,  or  sleighs,  those  who  are  going  northward  shall 
give  way  to  such  as  art*  coming  in  southward,  under  the  penalty  of  forty  thillings  for  every 
offence. 


108  CENSUS. 


CENSUS. 
Revised  Statutes,  Vol.  l,p.  87. 

CHAP.  III. 

OF    THE    CENSUS    OR    ENUMERATION    OF    THE    INHABITANTS    OF 
THE    STATE. 


Sect.  1.  Enumeration  when  t»  be  taken. 

2.  Secretary  of  state  to  have  certain  blank  returns  and  abstracts  printed. 

3.  To  transmit  them  to  clerks  of  counties. 

4.  Marshals  for  cath  town  and  ward  to  be  appointed,  by  wliom. 

5.  County  clerks  to  furnish  marshals  with  blank  returns. 

6.  Marshals  to  take  enumeration ;  proceedings. 

7.  Form  of  returns  by  marshals. 

8.  What  persons  to  be  enumerated.  '      » 

9.  Returns  to  be  certified  and  sworn  to. 

10.  To  be  delivered  to  county  clerk,? by  what  time. 

11.  County  clerk  to  transmit  abstracts  to  secretary  of  state. 

12.  Secretary  to  report  to  the  legislature. 

13.  Expenses  of  marshals  and  county  clerks,  how  audited  and  paid. 

14.  Penalty  on  persons  refusing  to  give  information  to  marshals,  or  giving  it  falsely. 

Census  when  to  §  1.  An  enumeration  of  the  inhabitants  of  this  state  is  to 
be  taken  at  the  end  of  every  tenth  year,  after  the  year  one 
thousand  eight  hundred  and  twenty-five. (1) 

be*"r^nted""^  ^  ^  ^'  ^^^  Secretary  of  state  shall,  in  every  such  tenth  year, 
cause  uniform  blank  returns  and  abstracts  in  conformity  to 
the  forms  and  provisions  herein  contained, '  together  with 
copies  of  this  Chapter,  to  be  printed  for  the  purpose  of  taking 
such  enumeration,  and  obtaining  other  statistical  information. 

To  be  sent  to  §  3.  The  secretary  of  state  shall,  on  or  before  the  first  day 
county  cer  s.  ^^  May,  in  cvcry  such  tenth  year,  transmit  by  mail  to  the 
clerk  of  the  city  and  county  of  New-York,  and  to  each  of 
the  other  county  clerks,  twice  as  many  of  such  blank  re- 
turns and  copies  of  this  Chapter,  as  there  are  wards  and 
towns  in  their  respective  counties. 

r      (1)  Conetitution,  art.  1,^6. 


CENSUS.  109 

6  4.  The  common  council  in  each  of  the  cities,  and  the  Marshals  in  each 

'  •  1       /-     1  ^^"  ^^^  ward, 

supervisors,  town  clerks  and  assessors,  m  each  oi  the  towns 
in  this  state,  shall  respectively  convene  at  some  convenient 
place  in  eacTi  of  such  cities  and  towns,  on  or  before  the  first 
Monday  in  July  in  every  such  tenth  year,  and  shall  appoint 
one  person,  to  be  called  a-  marshal,  in  each  town  and  ward, 
to  enumerate  the  inhabitants  therein,  and  to  perform  the  other 
duties  prescribed  by  this  Chapter. 

§  5.  It  shall  be  the  duty  of  the  clerk  of  the  city  and  county  to  te  furnished 
of  New- York,  and  of  every  county  clerk  in  this  state,  torums.^*^^  '^' 
distribute  such  blank  returns  and  copies  of  this  Chapter,  on 
or  before  the  fifteenth  day  of  July,  in  every  such  tenth  year, 
among  the  several  marshals  thus  apportioned. 

§  6.  Immediately  on  receiving  such  blank  returns  and  Duty  of  mar- 
copies  of  this  Chapter,  every  such  marshal  shall  proceed  to  ^  * 
enumerate,  truly  and  accurately,  the  inhabitants  residing  in 
the  town  or  ward  for  which  he  shall  have  been  appointed, 
by  making  actual  inquiry  at  every  dwelling-house,  or  of  the 
head  of  every  family  residing  therein :  and  to  obtain  the 
statistical  information  required  by  this  Chapter,  by  such  con- 
venient means  as  may  be  in  his  power. 

§  7.  Each  marshal  shall  enter  in  the  blank  return  received  pom,  of  retuma. 
by  him  the   particulars  of  the  enumeration  so  made,  and 
of  the  statistical  information  so  obtained,  in  the  following 
manner  aiid  form : 


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•Xmp  iJMiIini  01  inr-fqiis  Xiimnj  own:?  ogj  in  f  i70s.rnd.':)[iiiir  jo  jDquinu  oq^]^      | 


•ojukid; 
ji  'pTjoTi  Pji  Siiipnpiii  'Xnmt?j  atinrs  otji  pi  snopjod  afTitnoj  .p  jaqnnm  oqj, 


•ajmir  ji  'pnaii  sji  Suipr.ioui  ('iniiniDa  j-jiij  oqj 
mPt  pT?aq  r>Poi(A\  jo  aintsii  niji)  'Xiuurj  bqj  in  stiosjad  opim  jo  jaqiimu  n'm, 


•AlIKVJ  IlOra  dO  GT3H  aH.L  JO  3KVX  3nj. 


CENSUS. 


Ill 


a- 


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2  c 


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i 

c 

s 

•u.Moj  qans  uj  eaiitjuuijo  loquina  8[oq^\\ 

•2Uld[3a3(  DJBS 

io  soauogo  ioj  iiuf  uj  paayacTo 

cc 

•SDA[3SHI0qi  uoddTis 

oj  .^jiiNB  ju3|»iyns  jo  Joquin y 

•< 

• 

•.Cjuct^o  Aq  paiioddns  Joqum^Nj 

•sico;:  euo-ijuoMj  3Aoqv 

•EiTJoi  atfo-IjuoMj  ioptir^ 

•SiTiOi.  3U  i-AJt.DMJ  JOpUfl 

•9 

•UJfl.oj  pres  ui  sioipr JO  jequinu  0[oqAv 

— 

"^^ 

S 

i 

•LOAiOiiUiotii  jaoddns  oj  iv.liq-a  juapiyus  jo  aaqutnN 

- 

■XjiicqD  .^q  pouoddna  ioqinn^j 

• 

< 

•SJCJ.C  3uo-i{iU0Aij  OAoqy 

_ 

- 

•tiT30.{  oao-iiuoAvi  Jopufi 

^' 

•6JB0A  0UO-AUI0A\J  UAoqy 

^ 

■sanaX  duo  a"ju3.«}  a.)pii  j 

- 

'UAvoi  pius  UI  qiunp  puBjcap  jo  aaqmmi  luioj;, 

5 

•soAiosiuoqj  jjoddns  oj  .^li[!qw  juapiytis  jo  joquinjij 

o 

•XiiJBqo  .{q  powoddiis  joqiun^r 

1 

•sitj.tX  8Ay-.{juaAvi  puB  iiaj  uaoAvjog 

5 

•sjua.i  uai  japuxi     | 

^ 

■siuj.{  oaij-Ami-jau  puB  uoj  uaoAiioa     1 

"^ 

•6jco;{  aoj  i.ipu£i 

mu  CENSUS. 

memet^^^^  §  8.  Ev^ry  person  whose  usual  place  of  abode  shall  be  in 
any  family  on  the  first  day  of  July,  in  every  such  tenth  year, 
shall  be  returned  as  of  such  family  ;  and  every  person  casual- 
ly absent  at  the  time  of  taking  the  enumeration,  as  belonging 
to  that  place  in  which  he  usually  resides. 

Retuma  how  §  9.  The  rctum,  so  made  out,  shall  be  certified  by  each 
marshal  taking  the  enumeration,  to  be  true  and  accurate,  to 
the  best  of  his  knowledge  and  belief,  and  shall  be  subscribed 
and  sworn  to  by  him,  before  any  officer  authorized  to  admin- 
ister oaths,  who  shall  certify  such  attestation. 

Whentobede-      §  ^^'  Each  marshal  shall,  on  or  before  the  first  day  of  De- 
cierS?  ^^  '^^""^^  cember,  in  every  such  tenth  year,  cause  the  returns  so  certi- 
fied to  be  delivered  to  the  county  clerk  of  the  county  for 
which  such  marshal  shall  have  been  appointed ;  and  in  the 
city  of  New- York,  to  the  clerk  of  the  city  and  county. 

Returns  by  coun-  §11-  Each  couuty  clcrk,  and  the  clerk  of  the  city  and 
twy"f  Itate!"^'  couiity  of  Ncw-York,  shall,  on  receiving  the  returns  of  the 
enumeration,  and  other  statistical  information,  and  before  the 
second  Tuesday  of  January  next  after  every  such  tenth  year, 
make  and  transmit  to  the  secretary  of  state,  by  mail,  an  ab- 
stract thereof,  subscribed  by  him,  containing  the  sum  total  in 
each  ward  and  town  in  his  county,  (specifying  the  same 
towns  and  wards  by  name,)  of  the  particulars  required  to  be 
stated  in  the  several  columns  of  the  return  to  be  made  by  the 
marshals  herein  before  prescribed,  and  also  the  sum  total  of 
each  of  the  said  particulars  in  his  county. 

Report  of  secre-      §  12.  The  secretary  of  state,  after  receiving  the  abstracts 

tarv    to    legisla-  •        i  i  i  •        i  i  i      ^  i      n 

ture.  required  to  be  sent  to  him  by  the  county  clcrKs,  shall  prepare 

and  report  to  the  legislature,  ageneral  account  of  the  enumera- 
tion, specifying  the  result  thereof  in  the  several  towns,  wards, 
cities  and  counties  of  the  state,  wdth  a  recapitulation  of  the 
whole. 

Expewes  how      §  13.  The  accounts  for  the  services  of  the  marshals  in  tak- 

^^^  '  ing  such  enumeration,  and  '  of  the  county  clerks  in  making 

out  the  abstracts  thereof,  shall  be  audit(?d  by  the  supervisors 

of  the  county  where  the  services  are  performed,  and  in  the 

city  of  New- York  by  the  common  council  thereof,  and  shall 


CLERK.  113 

be  assessed,  collected  and  paid,  as  part  of  the  contingent  ex- 
penses of  such  county  or  city. 

§  14.  Anv  person  beinnf  the  head  of  a  familv  or  a  member  Penalty  for  refiw 
thereof,  above  the  age  of  twenty-one  years,  who  shall  refuse  ^c. 
to  give  to  any  marshal  the  information  demanded  by  him  re- 
lative to  any  of  the  particulars  which  such  marshal  is  requir- 
ed to  state  in  his  return,  concerning  such  family  or  such  per- 
son, or  who  shall  wilfully  give  false  information  to  such  mar- 
shal concerning  the  same,  shall  forfeit  and  pay  a  penalty  of 
twenty-five  dollars,  to  be  sued  for  and  recovered  with  costs 
of  suit,  by  and  in  the  name  of  the  commissioners  of  common 
schools  in  their  respective  towns,  for  the  benefit  of  such 
schools. 


Clerk  of  the  City  and  County. 

Revised  Statutes,  Vol.  2,  p.  285. 


1.  Offices  to  be  kept  open. 

2.  Provision  as  to  office  hours  ameaded. 


1.  §  54.  The  clerks  of  counties  and  of  all  courts  of  law  and  offices  of  clerk, 
equity  in  this  state,  the  register  and  assistant  register  of  the  ?pen/°  ^^  ^^^^ 
court  of  chancery,  and  the  register  of  deeds  in  the  city  and 

county  of  New- York,  shall  respectively  keep  open  their  se- 
veral offices  for  the  transaction  of  business  every  day  in  the 
year,  except  Sundays  and  the  day  observed  as  the  anniver- 
sary of  American  independence,  from  nine  to  twelve  o'clock 
in  the  forenoon,  and  from  two  to  five  o'clock  in  the  afternoon. 

AN  ACT  to  amend  certain  provisions  of  the  Revised  Statutes^ 
and  in  addition  thereto. 

Passed  April,  1830,  p.  396. 

2.  §  39.  The  second  title  of  chapter  third,  part  third,  shall  Provision  as  to 
be,  and  the  same  is  hereby  amended,  by  inserting  in  the  fifty-  dfd.*  ''"'''^'"^' 
fourth  section  thereof,  after  the  word  "  independence,"  the  fy^,  3,  Rer.  st, 
words  following :  "  in  the  city  of  New- York,  from  nine  o'clock        p-  ^^1 

in  the  forenoon  to  four  o'clock  in  the  afternoon,  and  in  all 
other  parts  of  the  state,"  so  that  the  said  section,  as  hereby 
amended,  shall  read  as  follows : 

15 


114  CLERK. 

"  3.  §  54.  The  clerks  of  counties,  and  of  all -courts  of  law  and 
equity  in  this  state,  the  registei?  and  assistant  register  of  the 
court  of  chancery,  and  the  register  of  deeds  in  the  city  and 
county  of  New- York,  shall  respectively  keep  open4heir  se- 
veral offices  for  the  transaction  of  business,  every  day  in  the 
year,  except  Sundays  and  the  day  observed  as  the  anniver- 
sary of  American  independence,  in  the  city  of  New- York, 
from  nine  o'clock  in  the  forenoon  to  four  o'clock  in  the  after- 
noon, and  in  all  other  parts  of  the  state  from  nine  to  twelve 
o'clock  in  the  forenoon,  and  from  two  to  five  o'clock  in  the 
afternoon." 


Clerk  of  Oyer  and  Terminer  and  Crcneral 
Sessions. 

Revised  Statutes,  Vol.  1,  p.  102. 

1.  Clerk  of,  and  other  officers  how  appointed. 

Clerk  of  oyer  and      1.  §  13.  The  clcrk  of  the  court  of  ovcr  and  terminer  and 

terminer  in  N.Y.  .  .  i   r         i  • 

general  sessions  oi  the  peace,  m  and  for  the  city  and  county 
of  New- York,  shall  be  appointed  by  the  court  of  general  ses- 
sions of  the  peace  in  said  city,  and  hold  his  office  during  the 
Other  officers,  pleasure  of  the  said  court ;  and  such  clerks  and  other  officers 
of  courts,  whose  appointment  is  not  herein  provided  for,  shall 
be  appointed  by  the  several  courts,  or  by  the  governor,  with 
the  consent  of  the  senate,  as  may  be  directed  by  law. 


Clerk  of  Police. 

CHAP.    CXIX. 

AN  ACT  relative  to  the  Duties  of  the  Clerk  of  the  Police  Office 
in  the  City  of  New-York, 

Passed  April  1!,  1829,  p.  217. 

1.  A  certain  section  of  a  former  act  repealed. 

2.  In  the  account  rendered  to  specify  the  daily  amount  received. 

3.  Fees  of. 

The  People  of  the  State  of  New- York,  represented  in  Senate 
andAsseynbly,  do  enact  as  foUoivs  : 

1.  §  1.  So  much  of  the  third  section  of  the  act  entitled 
"  An  act  relative  to  the  district  attorney  and  other  officers  of 


CLERK.  116 

criminal  justice  in  the  city  of  New- York,"  passed  April  23, 
1823,  as  makes  it  the  duty  of  the  clerk  of  the  police  office  in 
the  city  of  New- York,  in  the  accounts  which  he  is  thereby 
directed  to  render  to  the  comptroller  of  the  said  city,  of  the 
fees  collected  and  received  by  him,  to  specify  the  amount 

.received  in  each  case,  is  hereby. repealed. 

'  2.  §  2.  The  said  clerk  shall  in  all  such  accounts  to  be  ren- 
dered by  him  hereafter,  specify  the  amount  received  on  each 
day,  up  to  the  time  of  the  exhibition  of  such  account. 

2  Vol  Rev.  Laws,  1813,  p.  18  &  19. 

FEES  of  the  Clerk  of  the  Court  of  Oyer  and  Terminer  and 
General  Jail  Delivery,  and  General  Sessions  of  the  Peace, 
in  the  City  and  County  of  New-York. 

For  enterino[  an  appearance,  twelve  and  an  half  cents.  Fees  of  ihecierk 

o  i'ir  '  of    the    court  of 

For  a  subpoena,  twenty-live  cents.  oy<^r  -i"/!  tormi- 

i  •^  ner  anq,  general 

For  enterino^  an  order  or  rule  of  court,  twenty  cents.  J*''  d'l'very  and 

o  '  J  general    sessiona 

For  a  copy  of  an  order  or  rule  of  court,  twelve  and  an  half  ^^Q^'^Yoxk"^^  *" 
cents. 

For  entering  a  nolle  prosequi,  or  cessat  processus,  twenty  cts. 

For  reading  and  entering  an  allowance  of  a  pardon,  twenty- 
five  cents. 

For  swearing  a  witness,  six  cents. 

For  reading  every  paper  given  in  evidence,  twelve  and  an 
half  cents. 

For  respiting  a  recognizance,  six  cents. 

For  discharging  a  defendant  by  proclamation,  twelve  and  an 
half  cents. 

For  entering  defendant's  confession,  twelve  and  an  half  cents. 

For  entering  or  filing  defendant's  plea,  twelve  and  an  half  cts. 

For  entering  an  imparlance,  twelve  and  an  half  cents. 

For  taking  a  recognizance,  thirty-seven  and  an  half  cents. 

For  entering  relinquishment  of  plea,  twelve  and  an  half  cents. 

For  taking  and  entering  verdict,  when  for  the  defendant, 
twenty  cents. 

For  taking  and  entering  special  verdict,  for  each  sheet  con- 
taining seventy-two  words,  twenty  cents. 

For  copies  of  records,  indictments,  informations,  and  plead- 
ings, when  required,  for  each  sheet  containing  seventy- 
two  words,  nine  cents. 

For  entering  allowance  of  habeas  corpus,  writ  of  error,  or 
certiorari,  and  returning  the  same,  fifty-six  cents. 


116  CLERK. 


Clerk  of  Sup^'ciue  Court. 

Passed  April  7,  1827,  p  245. 

§  2.  And  he  it  further  enacted^  That  the  clerk  of  the  Su- 
preme Court  in  the  city  of  New- York  shall  be'  allowed  the 
same  fees  as  are  allowed  to  the  recorder  of  the  said  city  and 
county,  for  taxing  costs  and  signing  judgments. 


Clerk  of  Common  Council. 

[Thirty -Sixth  Session — Vol  2,  p.  404.] 
CHAP.  LXXXVL— (iJ,  L.) 

AN  ACT  TO  REDUCE,  &c.-Pasfed  April  9, 1813. 
CLERK    OF    COMMON    COUNCIL. 

1.  Clerk  of  New-York  inhibited  from  acting  as  Clerk  rtf  Common  Council. 

2.  Common  Council  may  appoint  their  own  clerk,  his  duties,. 

Y^JX''  fnhSd  1-  §  CLX  VI.  Ajid  be  it  farther  enacted,  That  the  clerk  de- 
clerk  of  commo^!  nominated  in  the  charter  of  the  city  of  New- York  the  com- 
eouncii.  j^Qj^  clerk,  now  usually  called  the  clerk  of  the  city  and  coun- 

ty of  New- York,  shall  for  ever  hereafter  be  relieved,  restrain- 
ed and  prohibited  from  doing  or  performing  any  duties  or  ser- 
vices or  any  act,  matter  or  thing  whatsoever,  as  clerk  of  the 
common  council  of  the  said  city  of  New- York. 

2.  §  CLXVII.  And  be  it  further  enacted,   That  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York,  in  com- 
mon council  convened,  shall  and  may  from  time  to  time,  and 
Common  council  at  all  timcs  for  ever  hereafter,  choose  and  appoint  a  clerk  to 
«  their  own  clerk,    be  clcrk  of  the  common  council  of  the  city  of  New- York  only, 
and  to  remove  such  clerk,  and  to  appoint  another  from  time 
to  time,  as  the  said  council  shall  deem  fit  so  to  do,  which  said 
Hie  duty.  clerk  and  clerks  so  to  be  chosen  and  appointed,  shall  receive, 

have,  and  take  charge  of  and  keep  such  seal  and  all  such  muni- 
ments, records,  patents,  deeds,  minutes,  writings  and  papers 
belonging  to  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York,  as  the  said  common  council  shall,  from  time 
to  time,  direct  or  order  to  be  delivered   to  and  kept  by  the 


COLLECTORS.  H' 

said  clerk  and  clerks,  so,  from  time  to  time  to  be  appointed, 
under  the  direction  and  subject  to  the  order  and  control  of 
the  said  common  council :  Provided  nevertheless,  That  no- 
thing herein  contained  shall  be  construed  to  prevent  the  legis- 
lature, at  any  time  within  their  discretion,  from  altering  or  re- 
pealing this  section  and  the  last  preceding  section  of  this  act. 


victa. 


College  of  Physicians  and  burgeons  in  -Vew 

York. 

Remised  Statutes,  Vol.  2,  p.  770. 

1.  Authorized  to  receive  bodies  of  convicts. 

L  §  76.  Whenever  a  convict  shall  die  m  either  of  the  state  .i^f«i''"«  •<"  ^on- 
prisons,  it  shall  be  the  duty  of  the  agents,  unless  the  body  of 
such  convict  be  taken  away  for  interment  by  the  relatives  of 
the  deceased,  within  twenty-four  hours  after  his  death,  to  de- 
liver, on  demand,  such  dead  body,  if  at  the  prison  at  Mount- 
Pleasant,  to  the  agent  of  the  college  of  physicians  and  sur- 
geons of  the  city  and  county  of  New- York  ;  or  if  at  the  pri- 
son at  Auburn,  to  the  agent  of  the  college  of  physicians  and 
surgeons  of  the  western  district  of  this  state. 


COI.LECTORS. 

CHAP.  XXI. 

AN  ACT  relative  to  Collectors  in  the  city  of  New-YorJc. 

Passed  January  28,  1831,  p.  15. 

1.  Provision  upon  the  death,  resignallon  or  removal  of  a  collector  elected,  to  appoint  one. 

2.  Such  collector  so  appointed  to  enter  into  a  bond. 

3.  Act  to  take  effect  immediately  after  its  passage. 

4.  Collectors  rnay  retain  tlieir  fees  in  certain  cases. 

5.  Bond  of  collectors  declared  a  lien. 

6.  Collector's  fees. 

The  People  of  the  State  of  New-Yorh,  represented  in  Senate 

and  Assembly,  do  enact  lis  follows  : 
L  §.  I.  If  any  collector  heretofore  chosen  or  appointed,  or 
hereafter  to  be  chosen  or  appointed  for  any  of  the  wards  in 


118  COLLECTORS. 

the  city  of  New- York,  shall  after  such  election  or  appoint- 
ment die,  or  resign,  or  renfkove  out  of  said  city  before  he 
shall  have  entered  upon  or  computed  the  duties  of  his  office  ; 
or  if  he  shall  by  reason  of  sickness  or  other  cause,  be  dis- 
abled from  performing  and  completing  such  duties,  it  shall 
in  every  such  case  be  the  duty  of  the  mayor,  aldermen  and 
commonalty  of  said  city,  to  appoint  a  collector  for  such  ward 
for  the  remainder  of  the  year,  who  thereupon  shall  have  the 
same  powers  and  privileges,  be  subject  to  the  like  duties  and 
penalties,  and  entitled  to  the  same  compensation  as  the  col- 
lector in  whose  place  he  was  appointed. 

• 

2.  §  II.  It  shall  be  the  duty  of  such  collector  so  to  be  ap- 
pointed, before  he  shall  enter  on  the  duties  of  his  office,  to 
enter  into  a  bond  of  the  like  penalty  and  subject  to  the  same 
condition  as  other  collectors  are  required  to  enter  into  bylaw; 
and  upon  every  such  appointment,  the  board  of  supervisors  of 
said  city,  if  they  shall  deem  it  necessary,  may  extend  the 
time  limited  for  the  collection  of  the  taxes  in  the  ward  for 
which  such  collector  may  have  been  appointed,  for  a  period 
not  exceeding  sixty  days ;  of  which  extension  they  shall 
cause  notice  to  be  forthwith  given  to  tlie  treasurer  of  the 
said  city. 

3.  §  III.  This  act  shall  take  effect  immediately  after  the 
passage  thereof. 


[Forty Seventh  Session,  Vol  Q,  c.  p.  81.] 
CHAP.  LXXXV. 

AN  ACT  to  enable  the  Mayor,  Aldermen  and  Commonalty  of 

I  ,  the  C/ity  of  New-York  to  raise  money  by  Tax. 

Passed  March  15,  1824. 

„  ,,   ,  ,  r  4.  ^  III.  -And  be  it  farther  enacted,  That  it  shall  be  lawful 

f^i'viT*^^^^^     for  the  collectors  of  the  several  wards  of  the  said  city  to 

retain  in  their  hands,  as  a  'full  compensation  to  each  of  the 

said  collectors  respectively,  for  their  trouble  in  collecting 

and  paying  to  the  said  treasurer  or  chamberlain,  the  monies 


V 


COLLECTORS.  119 

which  shall  be  raised  in  tlie  said  city  and  county,  such  fees 
or  sum  as  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York,  in  common  council  convened,  may  in  each 
year,  between  the  first  day  of  August  and  the  first  day  of 
October,  ordain  or  establish  to  be  allowed  to  the  collectors 
to  be  elected  at  the  next  annual  election  in  the  said  city;  and 
that  the  present  allowance,  as  established  by  the  said  com- 
mon council,  shall  continue  to  be  received  and  retained  by 
the  said  collectors,  until  altered  by  the  said  common  council, 
agreeably  to  the  provisions  of  this  section. 


[Forty-Sixth  Session,  Vol.  G,h.  p.  1G7.] 

CHAP.  CXLVIIL 

AN  ACT  to  enable  the  Mayor,  Aldermen  and  Commonalty 
of  the  City  of  New-York,  to  raise  money  by  Tax, 

Passed  April  12,  18C3. 

5.  §  in.  And  be  it  further  enacted,  That  it  shall  be  lawful  Collector's  fcea. 
for  the  collector  of  the  first  ward  of  the  said  city,  to  retain 
in  his  hands  one  cent  on  each -dollar  by  him  collected;  the 
collectors  of  the  second  and  third  wards,  one  and  one-half 
cents  on  each  dollar  by  them  collected ;  the  collectors  of 
the  fourth  and  fifth  wards,  three  and  one-half  cents  on  each 
dollar  by  them  collected ;  the  collectors  of  the  sixth  and 
eighth  wards,  four  cents  on  each  dollar  by  them  collected  ;  / 

the  collectors  of  the  seventh  and  tenth  wards,  four  cents  and 
one  half  cents  on  each  dollar  by  them  collected ;  and  the 
collector  of  the  ninth  ward,  five  and  an  half  cents  on  each 
dollar  by  him  collected,  and  no  more,  as  a  full  compensation 
to  each  of  the  said  collectors  respectively,  for  their  trouble 
in  collecting  and  paying  to  the  said  treasurer  or  chamber- 
lain, the  monies  which  shall  be  raised  by  virtue  of  this  act : 
•  Provided  however, 

6.  §  IV.  And  be  it  further  enacted,  That  the  mayor,  alder-    Fees  may  be  »i- 
men  and  commonalty  of  the  said  city  of  New- York,  in  com-  ^^''^^' 
mon  council  convened,  may  in  their  discretion,  alter  or  de- 


120  COMMISSIONERS  OF  DEEDS. 

crease  the  said  allowances  to  the  collectors,  and  shall  and 
may  ordain  what  compensation  shall  be  retained  by  them,  in 
mannei"  aforesaid.* 


Conittiissioiiers  of  Deeds. 

Revised  Statutes,   Vol  1,  ^;.  97. 

1.  Number  to  be  api)ointcd  in  tlie  city  of  New-York* 
9.  Their  power. 

3.  Discretionary  power  of  the  Govcnior  as  to  number  of. 

4.  Kepcaling  clause. 

1.  §  1.  Not  less  than  two,  nor  more  than  four  commis- 
sioners to  take  the  proofs  and  acknowledgments  of  deeds, 
and  to  perform  certain  other  duties  to  be  denominated 
"  Commissioners  of  Deeds"  for  each  town  in  the  state,  and 
so  many  of  the  like  commissioners,  for  each  of  the  cities  in 
tffis  state  as  shall  from  thne  to  time  be  determined  in  the 
manner  hereinafter  provided: 

§  2.  Thirty-six  commissioners  of  deeds  for  the  city  and 
county  of  New- York. 

Revised  Statutes,   Vol  2,  p.  283. 

2.  §  41.  The  commissioners  of  deeds  appointed  for  any 
county  or  city  have  power, 

1.  To  take  the  proofs  and  acknowledgment  of  convey- 
ances of  real  estate,  and  the  discharge  of  mortgages : 

*  Numerous  statutes  have  been  passed  both  during  the  Colonial  Government,  and  since, 
to  protect  the  public  from  the  defalcations  and  frauds  of  collectors,  and  to  induce  care  and 
caution  in  the  selection  of  them.  By  an  act  passed  the  21st  of  July,  1715,  V.  S.  Vol.  1, 
p.  102,  it  is  enacted,  that  if  hereafter  any  collector  or  constable  of  any  ward  within  the  city 
of  New-York,  shall  prove  insolvent  of  the  public  taxes  by  him  collected  or  received,  or 
withdraw  himself  with  the  public  money,  so  that  it  cannot  otherwise  be  had  and  received, 
the  inhabitants  of  such  ward,  as  have  chosen  such  collector  or  constable,  so  offending,  shall 
make  good  the  loss  and  damage  in  that  behalf  by  a  fresh  levy  upon  themselves  and  not  upon 
the  inliabitants  of  the  whole  city  as  has  been  formerly ;  any  usage  or  practice  to  the  con- 
traryin  any  wise  notwithstanding.  This  act  wasfollowe'd  byan  act  passed  April  30, 1743,  enti- 
tled an  act  for  explaining  and  rendering  more  effectualan  act  of  the  Governor,  Council  and  the 
General  Assembly,  entitled  an  act  to  oblige  the  inhabitants  of  each  particular  ward  within  the 
city  of  New- York,  to  make  good  their  respective  quotas  of  public  taxes.  It  authorizes 
the  justices  or  city  vestry  at  the  expiration  of  four  months  after  the  tax  ought  to  have  been 
paid,  to  lay  a  new  tax  uj'.on  the  ward  sufficient  to  make  up  the  deficiency  of  the  amount 
before  assessed,  and  imposes  a  penalty  upon  them  for  neglect,  &.c.  And  by  an  act  passed 
8th  of  March,  1773,  V.  S.  Vol.  2,  p.  7G1,  collectors  in  each  ward  of  the  city  of  New- York 
were  required  to  enter  into  bonds  to^the  mayor  in  such  sum  as  he  shall^think  proper. 


COMMISSIONERS  OF  LOANS.  131 

2.  To  take  the  acknowledgment  of  bail  in  any  action  in 
the  supreme  court,  and  in  the  court  of  common  pleas  of  the 
county  for  which  they  are  apf)ointed ;  and  in  the  city  and 
county  of  New- York,  in  any  action  in  the  superior  court  of 
law  therein : 

3.  To  take  the  acknowledgment  of  satisfaction  of  judg- 
ments, in  the  court  of  common  pleas  of  the  county  for  which 
they  are  appointed,  or  in  the  mayor's  court  of  the  city  for 
which  they  are  appointed,  or  in  the  supreme  court ;  and  to 
perform  such  other  duties  as  are  or  may  be  enjoined  by 
IdiW.— {Laws  of  ISIS,  p.  44.) 


AN  ACT  relative  to  Public  Notaries  and  Commissioners  of 
Deeds  in  the  several  Cities  of  this  State. 

Pussed  March  17,  1829,  chap.  52,  p.  112. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

3.  §  2.  After  the  first  day  of  January  next,  the  governor 
shall  nominate,  and  with  the  consent  of  the  senate,  appoint 
as  many  public  notaries  and  commissioners  of  deeds  in  the 
city  of  New-York  as  he  in  his  discretion  may  deem  neces- 
sary, so  that  the  number  of  each  in  commission  at  any  time 
shall  not  exceed  one  hundred. 

4.  §  3.  So  much  of  the  first  Title  of  the  fifth  Chapter  of 
the  First  Part  of  the  Revised  Statutes,  as  limits  the  number 
of  public  notaries  and  commissioners  of  deeds  in  the  city  of 
New- York,  is  hereby  repealed. 


Coinmissioiiers  of  Loan^. 

Revised  Statutes,  Vol,  \,  p.  371. 

§  32.  The  clerk  of  the  county,  and  any  two  judges  of  the 
county  courts,  shall,  except  in  the  county  of  New- York,  be 
judges  of  the  sufficiency  of  the  sureties  offered  by  a  commis- 
sioner of  loans  ;  and  in  the  city  and  county  of  New- York, 
the  mayor  and  recorder  shall  perform  that  duty.  The  bond 
of  every  commissioner,  with  the  appropriation  of  the  proper 
officers  endorsed  thereon,  shall  be  transmitted  to  the  comp- 
troller, to  be  filed  in  his  office. 

16 


122  COMMON  PLEAS. 

COMMOIV   PL.EAS. 

Revised  Statutes.  Vol.  2,  p.  215. 

1.  &  2.  By  whom  and  how  held. 

3.  Ternia  of  tlic  Court. 

4.  I-'irst  Judge,  &c.  may  hold  General  Sessions. 

5.  Cost  in  Common  Pleas. 

6.  Number  of  jurors  may  be  increased  in  certain  cases. 

7.  Kules  for  entering  and  perfecting  bail,  and  time  given  to  the  sheriff. 

8.  Fees  the  same  as  in  Superior  Court  whe)i  a  certain  amount  is  recovered. 

9.  Ordersoutof  court,  by  whom  granted. 

10.  Supreme  Court  may  make  order  in  certain  cases. 
31.  On  fding  order,  cause  removed  to  Supreme  Court. 

12.  Stay  of  proceeding  in  Common  Pleas  on  application  to  Supremo  Court. 

13.  Duty  of  the  C!erk  of  Common  Picas  in  relation  to  drawing  jury,  &.c. 

14.  Powers  of  the  first  Judge  at  chambers. 

15.  Powers  under  tlie  act  of  March  30, 1821,  and  fees. 

In  N.York,  com       1.  §  22.  Tlic  fipst  iudf]rc  of  tliG  countv  courts  of  the  citv  and 

pleaB  how  held.  .         r  tv-  ^r      i  i     i  ,  i      i  i  " 

county  01  j\ew- York,  and  the  mayor,  recorder,  and  aldermen 
of  the  said  city,  shall  be  judges  of  the  oourt  of  common  pleas 
of  the  said  city  and  county.  (98) 

^,,        Ibid,  2.  §  23.  The  said  court  of  common  pleas  may  also  be  held 

by  the  first  judge,  the  mayor  or  recorder,  either  alone,  or  with 
one  or  more  of  the  other  judges;  but  it  shall  be  the  special 
duty  of  the  first  judge  to  hold  the  said  court.  (98) 

Terms  of  Uie  3.  §  2G.  Tlic  court  of  common  pleas  for  the  city  and  county 
court.  &c.  ^^  New- York,  shall  be  held  on  the  third  Monday  of  every 
month.  The  several  terms  shall  be  called  after  the  dilier- 
ent  months  of  the  year  in  which  they  are  respectively  held. 
Writs  of  inquiry  issuing  out  of  the  said  court,  may  be  tested 
and  made  returnable  the  second  week  of  the  said  term.  (100) 

Revised  Statutes,  Vol.  2,  p.  615. 

costr.  5.  §  14.  All  the  provisions  of  law  respecting  the  recovery 

of  costs  in  the  courts  of  common  pleas,  shall  extend  to  the 
court  of  common  pleas  of  the  city  and  county  of  New- York. 

(98)  Laws  of  1821,  p.  64,  <X  2.  &  11.  (100)  Lawsof  1P21,  p.  CS,  ^  5,  6,  7. 


COMMON  PLEA«.  123 


CHAP.  CLXXXVI. 

AN  ACT  relative  to  the  Court  of  Common  Picas  for  the  City 
and  County  of  New-York.* 

Passed  April  16,  1830. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

G.  §  1.  That  the  first  judge  of  the  court  of  common  picas  NnmhcrofjnrorB 
for  the  city  and  county  of  New- York,  may,  by  notice  to  the  iu'certaiu  cases, 
clerk  of  the  said  city  and  county,  i;icrcase  the  number  of 
jurors  which  by  law  is  to  be  summoned  for  the  trial  of  issues 
in  said  court,  when  he  shall  deem  that  the  furtherance  of 
justice  shall  require  it ;  the  number  to  be  thus  summoned,  in 
addition  to  those  already  allowed,  not  to  exceed  forty-eight ; 
and  that  it  shall  not  be  required  of  him  to  attend  to  the  se- 
lecting of  jurors  in  other  courts  of  said  city  or  county,  except 
in  the  absence  from  the  said  city  and  county  of  the  judges 
who  preside  in  these  courts  ;  but  such  duty  shall  devolve  on 
some  or  one  of  the  judges  of  said  courts,  who  shall  be  notified 
thereof  according  to  the  provisions  of  the  Revised  Statutes. 

7.  §  2.  The  said  court  of  common  pleas  may  establish,  bv  ^^"'^''  ^''^  ^"*^''- 

!  .,  inir  .  1  '""  ^"^^  perfect- 

its  rules,  the  time  to  be  allowed  for  entermg  and  perfecting  >"«  ^^ii. 

bail  in  suits  pending  therein,  and  to  be  given  to  the  sheriff 

in  such  cases  before  an  attachment  can  issue  against  him ; 

also  the  time  to  be  allowed  for  any  pleading  in  such  suits, 

*  The  Court  of  Common  Pleas  was  established  by  an  ordinant*  of  the  Rovernor  and 
Council,  May  15,  1GU9. — Smith's  History  of  New- York,  p.  31.75.  The  ordinnnf^e  may  be 
seen  in  the  Revised  Lawa  of  1813,  vol.  2,  p.  10,  App.  The  jurisdiction  of  the  court  is  Riven, 
and  its  session  is  limited  to  two  days,  and  no  longer.  The  charter  of  the  city,  dated  the  2M 
of  April,  1G80,  grants  to  the  corporation  a  Mayor's  Court  or  Court  of  Common  Pl^as,  to  be 
held  on  every  Tuesday  of  every  week  for  ever,  before  the  Mayor,  Recorder,  and  Aldermen, 
or  any  three  of  them,  whereof  the  Recorder  to  be  one. 

By  an  act  passed  11th  of  October,  1709,  V.  S,  vol.  1,  p.  78,  provision  is  made  to  prevent  the 
removal  of  actions  of  twenty  pounds  from  the  Maj'or's  Court  of  New-York. 

By  the  second  charter  of  the  city,  power  is  granted  to  the  Mayor,  Aldermen,  and  Common- 
alty of  the  city  of  New- York  to  hold  a  court  of  record  within  the  said  city,  before  the  Mayor, 
his  deputy,  or  the  Recorder,  or  any  three  or  more  Aldermen,  or  any  four  or  more  of  them, 
whereof  the  Mayor,  or  his  deputy,  or  the  Recorder  to  be  one,  of  all  actions  real,  personal, 
and  mixed,  arising  within  the  city  and  county,  and  to  be  governed  by  the  laws  of  England 
and  this  colony.  These  charters  are  confirmed  by  an  act  (passed  the  14th  of  April,  1732,  V. 
S.  vol.  1,  p.  169,)  entitled  "  an  act  coniirming  unto  the  city  of  New  York  its  rights  and  pri- 
vileges. The  terms  of  this  court  were  exten(ie<l,  by  an  art  pawed  February  S,  1787,  J.  &  V.  vol. 
2,  p.  18,  to  three  days,  with  a  proviso  that  tht;  court  might  adjourn  when  tiie  buainesi  was 
finished  ;  and  by  subseiiuent  acts  the  terms  have  been  further  extended,  as  may  be  seen  in 
the  list  of  actH  in  thi.s  volume.  ' 


124  COMMON  PLEAS. 

and  for  noticing  the  issues  of  fact  joined  in  the  same  for  trial ; 
but  in  none  of  the  above  case^  shall  such  time  be  less  than 
eight  days,  unless  the  special  circumstances  of  any  particular 
case  shall  require  it,  and  then  only  by  the  order  of  the  first 
judge  of  said  court. 

Fees;  8.  §  3.  In  all  suits  in  said  court,  where  damages  to  a  greater 

amount  than  two  hundred  and  fifty  dollars  are  recovered,  the 
officers  of  the  said  court  shall  have  the  same  fees  for  services 
relating  to  that  court,  as  are  allowed  for  the  like  services  to 
the  officers  of  the  superior  court  of  said  city. 


Orders  out  of  9.  §  4.  Ordcrs  out  of  court  relating  to  any  suit  pending  in 
the  said  common  pleas,  after  any  default  entered,  or  any  issue 
in  law  or  fact  shall  have  been  joined  in  the  same,  shall  be 
granted  by  the  first  judge  only  of  said  court,  (except  for  the 
examination  of  witnesses  when  the  said  court  shall  be  actually 
sitting,)  unless  he  shall  be  absent  from  the  city  of  New- York, 
or  incapacitated  to  attend  thereto  by  sickness. 

ma^mS^e  ordeJ  ^^' ^  ^-  '^^^  suprcmc  court  shall  have  authority  to  make 
in  certain  cases,  r^j;^  order  to  rcmove  into  the  said  supreme  court,  any  transi- 
tory action  pending  in  the  said  court  of  common  pleas,  in 
which  the  trial  ought  to  be  had  elsewhere  than  in  the  city  and 
county  of  New- York ;  such  order  to  be  made  in  the  said  su- 
preme court,  upon  motion,  under  the  like  circumstances,  and 
in  the  like  cases  in  which,  if  the  action  were  pending  in  the 
supreme  court,  that  court  would  order  the  venue  to  be  changed 
from  the  city  and  county  of  New- York  to  some  other  county. 

11.  §  6.  Upon  filing  a  certified  copy  of  such  order  in  the 
office  of  the  clerk  of  the  said  court  of  common  pleas,  such 
cause  shall  be  deemed  to  be  removed  into  the  supreme  court, 
which  shall  proceed  therein  as  if  the  same  had  originally  been 
brought  there ;  and  the  clerk  of  the  said  court  of  common 
pleas  shall  forthwith  deliver  to  the  clerk  of  the  supreme  court 
all  process  and  proceedings  relating  to  said  cause,  to  be  filed 
in  the  office  of  the  clerk  of  the  supreme  court  in  the  city  of 
New- York. 

To  stay  proceed-      12.  §  7.  Any  judge  of  the  supreme  court,  or  any  officer  au- 
"*^''  thorized  to  perform  the  duties  of  a  judge  of  the  supreme  court 


COMMON  PLEAS.  125 

at  chambers,  shall  have  power,  on  due  cause  shown,  to  make 
orders  to  stay  proceedings  in  any  cause  pending  in  the  said 
court  of  common  pleas,  for  the  purpose  of  affording  any  op- 
portunity to  make  the  application  to  the  supreme  court  for  a 
change  of  venue  aforesaid,  and  such  order  may  be  revoked 
in  the  discretion  of  the  officer  granting  the  same. 

13.  §  8.  The  clerk  of  the  said  court  of  common  pleas  may 
before  the  next  term  of  the  said  court,  to  be  held  on  the  third 
Monday  of  this  month,  draw  forty-eight  names  in  the  manner 
prescribed  by  law,  to  serve  as  jurors  at  the  said  term,  in  ad- 
dition to  the  names  of  those  persons  already  drawn  to  serve 
as  jurors  at  the  said  term,  three  days*  notice  of  said  addi- 
tional drawing  being  given  in  the  manner  prescribed  by  the 
revised  statutes,  and  a  list  of  the  names  thus  drawn  shall  be 
certified  and  delivered  to  the  sheriff  of  the  city  and  county  of 
New- York  in  the  manner  directed  by  the  said  statutes,  who 
shall  forthwith  summon  the  persons  named  therein  to  attend 
such  court  at  the  said  April  term  thereof. 

14.  §  9.  The  same  power  is  hereby  given  to  the  first  judge  rowcra  of  .i,e 
of  the  said  court  of  common  pleas  at  chambers,  relative  to  chSnbe»^^  '* 
suits  and  proceedings  in  such  court,  as  is  given  by  any  law 

of  this  state  to  the  justices  of  the  superior  court  of  said  city 
at  chambers. 


[Forty-Fourth  Session. —  Vol.  5,  p.  179.] 
COMMON   PLEAS. 

POWERS  OF  THE  FIRST  JUDGE  OF,  AT  CHAMBEHi. 
CHAP.     CXCIX. 

AN  ACT  to  amend  an  act,  entitled  ''An  act  for  the  establish- 
lishment  of  a  Court  of  Common  Pleas  in  the  city  and  county 
of  New-York,  and  for  the  appointment  of  a  First  Judge  of 
the  same.^^ 

Passed  March  30,  182r. 

1 5.  §  1 .  5e  it  enacted  by  the  People  of  the  State  of  New-  York,  Pewer«  of  am 
represented  in  Senate  and  Assembly,  That  the  first  judge  of  1"'^^.''"'*' 
the  court  of  common  pleas  to  be  established  in  the  city  and 


126  COMMON  PLEAS. 

county  of  New- York,  pursuant  to  the  act,  entitled  "  An  act 
for  the  establishment  of  a  cowrt  of  common  p^eas  in  the  city 
and  county  of  New- York,  and  for  the  appointment  of  a  first 
judge  of  the  same,''  passed  February  27, 1821,  shall  be  equally 
luthorized  and  empowered  to  do  and  perform  all  the  duties 
and  exercise  all  the  powers  which  are  or  may  be  done  and 
performed  by  the  recorder  of  the  city  of  New- York,  by  vir- 
tue of  any  act  or  acts  of  the  legislature  of  this  state,  or  by 
the  several  commissioners  appointed  by  virtue  of  the  act  en- 
titled "  An  act  to  appoint  commissioners  to  perform  certain 
duties  of  judges  of  the  supreme  court,"  passed  February  25, 
1813 ;  and  also  to  do  and  perform  all  the  duties  and  exercise 
all  the  powers  which  are  given  to  such  recorder  or  commis* 
sioners  by  any  subsequent  acts  of  the  legislature,  and  he  shall 
Fees.  be  entitled  to  receive  therefor,  the  like  fees :  And  further, 
That  any  proceedings  commenced  before  the  said  recorder 
of  the  city  of  New- York,  prior  to  the  twelfth  day  of  March 
instant,  undei'  the  several  acts  entitled  "An  act  for  relief 
against  absconding  and  absent  debtors,"  passed  21st  March, 
1801,  "  An  act  for  giving  relief  in  cases  of  insolvency,"  pass- 
ed April  12th,  1813,  "An  act  to  abohsh  imprisonment  for 
debt  in  certain  cases,"  passed  April  7,  1819,  and  the  acts 
amendatory  thereof,  may  be  continued  either  before  the  suc- 
cessor in  oliice  of  the  said  recorder,  or  before  the  said  first 

Further  proviso,  judgc ;  and  that  it  shall  and  may  be  lawful,  in  case  of  the 
death,  sickness,  absence-  from  tlie  city  and  county  of  New- 
York,  resignation  or  removal  from  office,  of  any  recorder  of 
the  city  of  New- York,  for  the  said  first  judge  to  continue  the 
proceedings  commenced  before,  and  discharge  the  duties  of 
such  recorder,  required  by  the  said  several  acts,  in  like  man- 
ner as  might  have  been  done  by  such  recorder  before  whom 
such  proceedings  may  have  been  commenced  or  pending,  and 
so  likewise  in  case  of  the  death,  sickness,  like  absence,  resig- 
nation, or  removal  from  office,  of  the  said  first  judge,  the  said 

Powers  of  recor-  rccordcr  may  continue  and  discharge  the  like  proceedings 
and  duties  of  the  said  first  judge  in  the  same  manner  as  he 
might  have  performed  the  same  had  no  such  disabilities  oc- 
curred. 


dcr,  &c. 


COMMON  SCHOOLS.  127 

Common  {Schools. 

Revised  Statutes,  Vol.  1,  p.  488. 
ARTICLE  SEVENTH. 

LOCAL  REGULATIONS  RESPECTING  COMMON  SCHOOLS. 

Sec.  116.  Duty  of  clerk  of  New-York  inrolation  to  money  apportioned  to  that  city. 

117.  Sum  to  be  raised  by  corporation,  and  how. 

118.  What  sum  to  be  deposited  to  credit  of  commissioners  of  school  money. 

119.  Commissioners  of  school  money,  how  appointed,  number,  <Scc. 

120.  How  vacancies  supplied. 

121.  Who  ineligible  to  office. 

122.  Corporation  to  designate  sehools  entitled  to  monies. 

123.  Trustees  of  schools  designated  to  report;  its  contents. 

124.  Duties  of  commissioners. 

125.  Apportionment  of  school  monies,  how  to  be  made. 

126.  Forfeiture  for  neglecting  to  produce  certain  proof  when  required. 

127.  Society  or  school  may  appeal  from  commissioners,  and  to  whom. 

§  116.  Whenever  the  clerk  of  the  city  and  county  of  New-  Yolk.^""^  ^'''^' 
York,  shall  receive  notice  from  the  superintendent  of  common 
schools,  of  the  amount  of  the  monies-  apportioned  to  the  city 
of  New- York,  for  the  support  and  encouragement  of  common 
schools  therein,  he  shall  immediately  lay  the  same  before  the 
corporation  of  the  city,  in  common  council  convened.(79) 

§  117.  The  corporation  shall  annuallv  raise  and  collect,     f^frpoiation  to 

^  _    ^         ^  "  '  raise  money. 

by  tax  upon  the  inhabitants  of  the  city,  a  sum  of  money  equal 
to  the  sum  specified  in  such  notice,  at  the  same  time,  and  in 
the  same  manner  as  the  contingent  charges  of  the  city  are 
levied  and  collected.  (79) 

§  118.  The  corporation  shall,  on  or  before  the  first  day  of  ^^^^^^^  ii^posit- 
May  in  every  year,  direct  that  a  sum  of  money  equal  to  the 
amount  last  received  by  the  chamberlain  from  the  common 
school  fund,  be  deposited  by  him,  together  with  the  sum  so 
received  from  the  school  fund,  in  one  of  the  incorporated 
banks  in  the  city,  to  the  credit  of  the  commissioners^of  school 
money  for  the  city,  and  subject  only  to  the  drafts  of  the  com- 
missioners, drawn  payable  to  the  order  of  the  treasurers  of 

(70;    Laws  of  J824,  page  337,  section  1  &  2. 


128  COMMON  SCHOOLS. 

the  respective  societies  or  schools  entitled  thereto,  or  to  some 
person  duly  authorized  by  thfe  trustees  of  such  societies  or 
schools.  (79) 

howTp^kued!      §119.  The  corporation  shall,  once  in  every  three  years^ 
^^'  after  the  month  of  January  in  the  year  one  thousand  eight 

hundred  and  twenty-five,  appoint  from  the  inhabitants  of  the 
city,  one  from  each  ward,  to  be  commissioners  of  school 
money,  who  shall  hold  their  offices  for  three  years,  and  until 
others  are  appointed  in  their  places  ;  and  who,  before  they 
enter  upon  the  duties  thereof,  shall  take  the  oath  of  office 
prescribed  in  the  constitution  of  this  state. (80) 

Vacancies.  ^  120.  All  vacaucics  occurriug  in  the  office  of  commission- 

er, shall  be  supplied  by  the  corporation ;  and  each  person  ap- 
pointed to  fill  a  vacancy,  shall  hold  his  office  for  the  residue 
of  the  term  for  which  his  predecessor  was  appointed. (81) 

Who  ineligible.  §  121.  No  trustcc  or  other  officer  of  any  society  or  school, 
which  shall  be  entitled  to  receive  a  share  of  the  school  mo- 
nies, shall  be  appointed  a  commissioner  of  school  monies.  (81) 

Monies,  how  dis-  §  122.  The  Corporation  shall,  once  at  least  in  three  years, 
by  ordinance,  designate  the  societies  or  schools  which  shall 
be  entitled  to  receive  a  share  of  the  school  monies,  and  pre- 
scribe the  rules  and  restrictions  under  which  such  monies 
shall  be  received  by  such  societies  or  schools  respectively. 
Such  ordinance  shall  be  published  in  two  or  more  of  the  pub- 
lic newspapers  of  the  city.  (82) 

When  trustecBto      §  123.  Tlic  trustccs  of  cvcry  socicty  or  school  thus  design- 
if^Ii)'rt.'^°°^^" "  ated,  shall,  on  or  before  the  fifteenth  day  of  May  in  every 
year,  make  a  report  in  writing,  under  their  corporate  seal,  and 
signed  by  their  presiding  officer  and  secretary,  to  the  com- 
missioners of  school  money  ;  which  report  shall  state, 

1.  The  average  number  of  scholars  over  four  and  under 
sixteen  years  of  age,  which  shall  have  been  taught,  free  of 
expense  to  such  scholars,  in  their  school  during  the  year  pre- 
cedino"  the  first  of  May  ;  which  number  shall  be  ascertained 
by  adding  to  the  number  of  children  on  register  at  the  com- 

(79)  Laws  of  lb24,  p.  337,  ^  1  &  2.  (80)  lb.  §  3,   Laws  of  1826,  p.  93, 

(81)  Laws  of  1824,  p.  338.^3. 


COMMON  SCHOOLS.;'  129 

mencement  of  each  quarter,  the  number  admitted  during  that 
quarter,  and  the  total  shall  be  considered  the  average  for 
that  quarter : 

2.  The  average  number  that  has  actually  attended  such 
schools  during  the  year,  to  .be  ascertained  by  the  teachers 
keeping  an  exact  account  of  the  number  of  scholars  present 
every  school  tim.e,  or  half  day  ;  v^^hich  being  added  together, 
and  divided  by  the  whole  number  of  school  times  in  the  year, 
shall  be  considered  the  average  of  attending  scholars  ;  which 
average  shall  be  sworn  or  affirmed  to  by  the  teachers  : 

3.  The  times  during  which  such  schools  have  been  kept  % 
open  during  the  year : 

4.  The  amount  of  monies  last  received  from  the  commis- 
sioners of  school  money,  and  the  purposes  for,  and  the  man- 
ner in  which  the  same  shall  have  been  expended  : 

5.  A  particular  account  of  the  state  of  the  schools  under 
their  care,  and  of  the  property  and  affairs  of  such  school  or 
society.  (83) 

§  124.  It  shall  be  the  duty  of  the  commissioners  of  school    p^^'^^' of  com- 
money, 

1.  To  call  for  such  reports,  by  advertisements  in  two  or 
more  of  the  public  newspapers  printed  in  the  city  of  New- 
York,  for  at  least  two  weeks  preceding  the  fifteenth  day  of 
May  in  every  year : 

2.  To  apportion  and  pay,  on  or  before  the  first  day  of  June 
in  every  year,  the  amount  of  money  deposited  to  their  credit, 
to  the  several  societies  or  schools  which  shall  be  designated 

by  the  ordinance  of  the  corporation  as  entitled  to  receive  a       v 
share  thereof,  and  who  shall  have  complied  with  the  requisi- 
tions of  this  Article :    , 

3.  To  visit  and  examine  the  societies  and  schools  receiv- 
ing such  monies,  twice  at  least  in  every  year,  and  to  examine 
their  registers  and  other  books  ;  and  to  require  such  other 
proof,  on  oath  or  otherwise,  as  they  may  think  proper,  relat- 
ing to  the  subject  matter  of  any  report  made  by  the  trustees 
of  such  societies  and  schools,  as  to  the  number  of  scholars 
and  the  appropriation  of  monies  received  by  them,  and  as  to 
all  other  matters  connected  with  the  interests  of  said  schools 
in  sych  city : 

4.  To  make  a  report  to  the  coi-poration  and  to  the  super- 

(83)  Lau  s  of  IS24,  p.  333,  section  5. 

17 


130  COMMON  SCHOOLS. 

intendent  of  common  schools,  on  or  before  the  first  day  of 
December  in  every  year,  contprising  all  the  matters  contain- 
ed in  the  reports  of  the  respective  societies  and  schools,  for 
the  year  next  preceding  the  first  day  of  May  in  the  same 
year,  and  such  other  matter  as  they  may  deem  necessary  to 
promote  the  interests  of  said  schools  in  the  city  of  New- York : 
5.  To  cause  a  copy  of  such  report  to  be  filed  at  the  same 
time,  in  the  clerk's  office  of  the  city  and  county.  (84) 

howTnad""^^"^'       ^  ^^^*  '^^^  apportionment  of  school  monies  shall  be  made 
•  to  each  school  according  to  the  average  number  of  children" 

over  the  age  of  four  and  under  sixteen  years,  who  shall  have 
actually  attended  such  school  during  the  preceding  year ;  but 
no  school  shall  be  entitled  to  a  portion  of  such  monies,  that 
has  not  been  kept  open  at  least  nine  months  during  the  year. 

When  withheld.  ^  126.  Evcry  such  society  or  school  in  the  city  of  New- 
York,  which  shall  neglect,  when  so  required  by  the  commis- 
sioners, to  produce  satisfactory  proof  before  the  first  day  of 
June  in  any  year,  relating  to  the  subject  matter  of  any  report 
made  by  the  trustees,  shall  forfeit  its  share  of  school  monies 
for  that  year  ;  and  such  share  shall  remain  in  the  hands  of 
the  commissioners,  to  be  distributed  by  them  as  apart  of  the 
school  monies  of  the  succeeding  year.(85) 

Appeal.  ^  127.  Every  such  society  or  school  considering  itself  ag- 

grieved by  any  decision  of  the  commissioners  of  school  mo- 
ney, may  appeal  therefrom  to  the  superintendent  of  common 
,  schools,  whose  decision  thereon  shall  be  final.  (85) 

(84)  Laws  of  1824,  p.  338,  section  6, 7,  &  8.        (85)  lb.  p,  339,  section  7. 


COMMON  SEWERS.  131 

[Thirty-Sixth  Session,  Vol.  2,  p.  407.] 

Coinmon  Sewers,  Drains,  &c. 

CHAP.  LXXXVI. 

AN  ACT  to  reduce  several  Laws,  relating  particularly  to  the 
City  of  New-York,  into  one  act. 

l.^Corporation  to  cause  sewers  to  be  made,  streets  paved,  lots  filled  up,  &;c. 

2.  Expenses  thereof  liow^estimated. 

3.  Assessments  to  be  ratified  by  common  council. 

4.  And  in  default  of  payment  to  be  levied  by  distress  and  sale. 

5.  Agreement  between  landlord  and  tenant  not  affected. 

6.  Persons  paying  for  others  to  recover  back. 

7.  Further  assessments  how  made.    * 

Passed  April  9,  1813. 

CLXXY.  And  be  it  further  enacted,  That  it  shall  be  law-  i.  Corporations 

.  .  to  cause  sewers 

ml  for  the  said  mayor,  aldermen  and  commonalty,  to  cause  to   be     made, 

"   .  .       *  Ftrt-ets  p.ivcd  and 

common  sewers,  drains  and  yaults  to  be  made  in  any  part  of  ci.anod,  and  va- 

•  .  .         .  "    ^        .         «»»t    lots    filled 

the  said  city,  and  to  order  and  direct  the  pitching  and  paving  in,  &c. 

the  streets  thereof,  and  the  cutting  into  any  drain  or  sewer, 

and  the  altering,  amending,  cleansing  and  scouring  of  any 

street,  vault,  sink,  or  common  sewer,  within  the  said  city ; 

and  the  raising,  reducing,  levelling  or  fencing  in,  any  vacant 

or  adjoining  lots  in  the  said  city  ;  and  to  cause  estimates  of 

the  expense  of  conforming  to  such  regulations  to  be  made, 

and  a  iust  and  equitable  assessment  thereof  amoiiff  the  owners    2.  Expenses 

r-      11     1        1  11-  Till  thereof  how  es- 

or  occupants  01  all  the  nouses  and  lots  intended  to  be  bene-  tmiated  and  &sir 
fited  thereby,  in  proportion,  as  nearly  as  may  be,  to  the  ad-  '  ^ 
vantage  which  each  shall  be  -deemed  to  acquire  ;  and  the 
said  mayor,  aldermen  and  ^^commonalty  shall  appoint  such 
skilful  and  competent  disinterested  persons  as  they  shall  or 
may  think  proper  to  make  every  such  estimate  and  assess- 
ment, who  before  they  enter  upon  the  execution  of  their 
trust,  shall  severally  take  an  oath  before  the  mayor  or  re- 
corder of  the  said  city,  to  make  the  said  estimate  and  assess- 
ment fairly  and  impartially,  according  to  the  best  of  their 
skill  and  judgment ;  and  the  said  persons  after  having  made 
such  estimate  and  assessment,  shall  certify  the  same  in  WTit- 
ing  to  the  said  mayor,  aldermen  and  commonalty,  in  common 


132  COMMON  SEWERS. 

to  be  "^atffied  ?y  ^ouncil  conveiied,  and  being  ratified  by  the  said  council, 
common  council,  ghall  be  binding  and  conclusive  upon  the  owners  and  occu- 
pants of  such  lots  so  to  be  assessed  respectively,  and  shall 
be  a  lien  or  charge  on  such  lots  as  aforesaid ;  and  such 
owners  or  occupants  shall  also  respectively  be  liable  upon 
demand,  to  pay  the  sum  at  which  such  houses  or  lots  respec- 
tively shall  be  so  assessed,  to  such  person  as  the  said  com- 
mon council  shall  appoint  to  receive  the  same ;  and  in  de- 
fault of  such  payment  or  any  part  thereof,  it  shall  be  lawful 
for  the  mayor,  recorder  and  aldermen  of  the  said  city,  or 
any  five  of  them,  of  whom  the  mayor  or  recorder  shall  be 

4.  And  in  de-  one,  by  Warrant  under  their  hands  and  seals  to  levy  the  same 
to  be  levied  by  bv  distrcss  and  sale  of  the  ffoods  and  chattels  of  such  ow^ner 

distress  and  sale,      *'  " 

or  occupant  refusing  or  neglecting  to  pay  the  same,  render- 
ing the  overplus,  (if  any)  after  deducting  the  charges  of  such 
distress  and  sale  to  such  o\wier  or  occupant,  and  the  mo- 
ney, when  paid  or  recovered,  shall  be  applied  towards  mak- 
ing, altering,  amending,  pitching,  paving,  cleansing  and 
scouring  such  streets,  and  making  and  repairing  such  vaults, 
drains  and  sew^ers  as  aforesaid,  and  raising,  reducing,  level- 

5.  Agreement    Hncr  or  fencinsT  in,  such  lots  as  aforesaid  :  Provided  however. 

between  landlord   _°  i-  i  •  •         i      i      i,      rr 

and  tenant  not  1  hat  Hothmg  hcreui  coutamcd  shall  aiiect  any  agreement  be- 
tween any  landlord  and  tenant,  respecting  the  payment  of  any 
such  charges,  but  they  shall  be  answerable  to  each  other  in 
the  same  manner  as  if  this  act  had  never  been  made  ;  and  if 
any  money  so  to  be  assessed,  be  paid  by  any  person,  when 
6.  Persons  pay-  hy  agreement  or  by  law  the  same  ought  to  have  been  borne 
Jefover  back'^  ^°  and  paid  by  some  other  person,  it  shall  then  be  lawful  for  the 
person  paying,  to  sue  for,  and  recover  the  money  so  paid, 
with  interest  and  costs,  as  so  much  money  paid  for  the  use  of 
the  person  who  ought  to  have  paid  the  same  ;  and  the  assess- 
ment aforesaid,  with  proof  of  payment,  shall  be  conclusive 
evidence  in  such  suit. 

7.  Further  assess-  §  CLXXYL  And  he  it  furt/icr  e?iactedfThB.t  if  upon  com- 
ment owma  e.  p|g|.|j^g  ^^y  such  regulation,  it  shall  appear  to  the  said  mayor, 
aldermen  and  commonalty,  that  a  greater  sum  of  money  had 
been  bona  fide  expended  in  making  such  regulation  than  the 
sum  estimated  and  collected  as  aforesaid,  it  shall  then  be 
lawful  for  the  said  mayor,  aldermen  and  commonalty,  to 
cause  "a  further  assessment  equal  to  such  excess,  to  be  made 
and  collecte(i  in  manner  aforesaid  ;  and  in  case  the  sum  ae- 


CONSTABLES  AND  MARSHALS.  133 

tually  expended  shall  be  less  thanihe  sum  expressed  in  such 
estimate,  and  collected  as  aforesaid,  the  surplus  shall  forth- 
with be  returned  to  the  persons  from  whom  the  same  were 
collected,  or  their  legal  representatives. 


Constables  and  Marslials. 

CHAP.  CXCIX. 

AN  ACT  regulating  the  Fees  of  the  Constables  and  Marshals 
employed  in  the  Police  Office  in  the  City  of  New-York, 

1.  Fees  of 

2.  Milage. 

3.  Bonds  of  in  Now  York. 

Passed  April  15,  1826. 

L  BE  it  enacted  by  the  People  of  the  State  of  New-York,  Feea  regulated. 
represented  in  Senate  and  Assembly,  That  the  constables  and 
marshals  employed  in  the  police  office  in  the  city  of  New- 
York,  may  exact,  demand  and  receive  for  the  following  ser- 
vices,  the  fees  hereinafter  specified,  that  is  to  say :  for  serving 
every  warrant  or  summons,  within  a  mile,  thirty-seven  and 
a  half  cents ;  for  returning  the  same  when  a  party  is  taken, 
six  and  a  quarter  cents. 

2.  Milage :  for  every  mile  going  only,  twelve  and  a  half 
cents ;  for  taking  defendant  in  custody,  on  commitment, 
twelve  and  a  half  cents  ;  for  conveying  the  party  to  prison 
if  within  a  mile,  twelve  and  a  half  cents  ;  for  going  with  de- 
fendant to  procure  security,  when  ordered  by  the  justice, 
fifty  cents  ;  for  serving  every  subpoena  for  witness  to  attend 
before  special  justices,  to  be  paid  by  the  party  applying, 
within  a  mile,  twelve  and  a  half  cents ;  for  serving  every 
additional  mile,  going  only,  twelve  and  a  half  cents ;  for  serving 
every  search  w^arrant,  in  case  the  goods  are  not  found,  one 

1  dollar ;  but  in  case  the  goods  are  found,  and  they  exceed 
I  in  value  fifty  dollars,  then  such  sum  as  the  presiding  jus- 
'  tice  may  certify  to  be  correct,  not  exceeding  the  'sum  of 

two  dollars  and  fifty  cents,  to  be  paid  by  the  party  applying 

for  the  said  warrant. 

Revised  Statutes,    Vol.  2,  p.  50 L 

3.  §  4.  The  official  bond  of  every  constable  and  marshal  of  Bond  of  offieen 
J  the  city  and  county  of  New- York,  shall  contain  a  condition  for  *"  ^'''^-^'"^- 


134  CONVICTS— EMPLOYMENT    OP. 

the  faithful  performance  of  his  duty  in  making  any  distress,  and 
for  the  payment  of  any  rent  boUected  by  him ;  and  any  per- 
son aggrieved,  shall  have  the  like  remedy  on  such  bond,  as 
in  case  of  the  non-payment  of  mone}^  collected  by  any  such 
constable  or  marshal  on  execution. 


CONVICTS  "  Employment  of. 

Revised  Laws,  Vol.  2,  p.  438. 
AN  ACT  TO  REDUCE,  &c. 

1.  Certain  convicts  to  be  employed  at  discretion  of  corporation. 

2.  Certain  other  offenders  how  punished. 

Certain  convicts      1.  R  CCXLII.   And  be  it  furtliev  enacted,  That  whenever 

to    be    employed  •*  .  ♦^  '  ^  ^ 

at  discretion  of  auv  ijcrson  shall  bc  convicted  and  sentenced  to  be  imprison- 

corporation.  *  ^  ^  ^ 

ed  in  the  city  and  county  of  New- York,  before  the  general 
sessions  of  the  peace,  or  any  court  of  oyer  and  terminer  there, 
of  any  oflcnce  under  the  degree  of  such  as  are  or  shall  be 
punishable  by  imprisonment  in  the  state  prison,  it  shall  and 
may  be  lawful  for  the  mayor,  aldermen  and  commonalty  ol 
the  city  of  New- York,  at  their  discretion,  to  employ,  or  cause 
to  be  employed,  the  persons  who  shall  be  so  convicted  and 
sentenced  at  labor  in  and  about  public  work  or  otherwise,  as 
the  said  mayor,  aldermen  and  commonalty  shall  direct :  Pro- 
vided, That  the  term  of  such  employment  shall  not  extend 
beyond  the  period  for  which  such  convicts  are  sentenced  to 
imprisonment  as  aforesaid. 

Certain  other  of-      2.  §  CCXLIII.  And  bc  it  farther  enacted,  That  it  shall  and 
ished.  may  be  lawful  for  the  mayor,  recorder  and  aldermen  of  the 

city  of  New-York  for  the  time  being,  or  any  two  of  them,  in 
all  cases  where  by  law  they  or  any  of  them  are  authorized 
to  inflict  corporal  punishment  for  any  crime  or  misdemeanor, 
except  under  the  act,  entitled  "  an  act  for  apprehending  and 
punishing  disorderly  persons,"  to  substitute  at  their  discre- 
tion, instead  of  such  corporal  punishment,  a  confinement  ot 
the  offender  in  the  house  of  employment  or  bridewell,  be- 
longing to  the  said  city,  to  be  kept  at  hard  labor  therein  or 
at  any  work  or  employment  at  any  other  place  within  the 
said  city,  for  any  period  not  exceeding  six  months,  accord- 
ing to  the  nature  of  the  offence ;  and  also  to  confine  and  set 


CONVICTS— FEMALE.  135 

to  hard  labor  in  manner  aforesaid,  and  for  any  time  not  ex- 
ceeding six  months  as  aforesaid,  all  disorderly  persons  who 
have  been  legally  removed  from  the  said  city,  and  shall  have 
unlawfully  returned  without  bringing  a  certificate-  from  the 
city  or  town  whereto  they  respectively  belong,  all  common 
street  beggars,  and  all  idle  persons,  not  having  visible  means 
of  livelihood,  and  who  cannot  give  a  good  account  of  them- 
selves, or  find  sufficient  securities  for  their  good  behaviour, 
who  are  or  from  time  to  time  shall  come  into  or  sojourn  with- 
in the  said  city. 


CONVICTS  "  Female. 
Revised  Statutes,   Vol.  2,  p.  769. 

1.  Corporation  authorized  to  contract  respecting  female  convicts. 

2.  Where  to  be  confined. 

3.  Under  whose  direction  in  New- York. 

4.  Corporation  authorized  to  remove  female  convicts  from  Greenwich  Prison. 

5.  Contracts  not  to  be  impaired. 

1.  §  65.  Until  the  legislature  shall  make  other  provision  contract  respect- 
on  the .  subject,  the  inspectors  of  the  prison  at  Mount  Plea-  victs. 

sant,  shall,  from  time  to  time,  have  authority  to  contract,  in 
behalf  of  this  state,  with  the  corporation  of  the  city  of  New- 
York,  for  the  confinement,  support,  employment  and  govern- 
ment, in  the  state  prison  formerly  maintained  in  that  city,  or 
in  some  other  prison,  of  the  female  convicts  who  may  be  sen- 
tenced, in  the  first  and  second  senate  districts,  to  imprison- 
ment in  a  state  prison. 

2.  §  66.  So  lon;:^  as  such  contract  shall  be  in  force,  all  fe-  where  to  be  con- 

'  ^  '  fined. 

males  sentenced  in  the  first  and  second  senate  districts,  to 
imprisonment  in  the  state  prison,  shall  be  confined  in  such 
prison  in  New-York,  which  shall  be  deemed,  in  respect  to 
the  said  female  convicts,  a  state  prison.  And  all  females  so 
sentenced  in  the  other  senate  districts  of  this  state,  shall  be 
confined  in  the  state  prison  at  Auburn. 

3.  §  67.  Such  female  convicts  shall  be  confined  and  gov-  Tinder  >viio*o  di 
erned  under  the  direction  of  the  corporation  of  the  city  of  York!"  '" 
New- York,  in  the  same  manner,  as  near  as  may  be,  as  con- 
victs in  the  state  prisons. 


136  CONVICTS INSANE  AND  UNDER  AGE. 

CORPORATION    AUTHORIZED    TO    REMOVE,    &C. 

AN  ACT  relative  to  the  imprisonment  within  the  city  and  coun 
'ty  of  New-York,  of  Female  Convicts  adjudged  to  he  confinei 
in  the  state  prison. 

Passed  April  23,  1829,  chap.  220,  p.  347. 

4.  §  1 .  The  mayor,  aldermen  and  commonalty  of  the  cit; 
of  New- York,  may  remove  from  the  prison  formerly  know: 
as  the  state  prison  at  Greenwich,  to  such  other  prison  o 
place  of  safe  confinement  within  the  city  and  county  of  Ne\\ 
York  as  they  may  designate,  to  be  first  approved  under  thei 
hands,  by  the  commissioners  for  building  a  new.  state  priso 
at  Mount  Pleasant ;  and  may  thereafter  support,  confine,  go\ 
em  and  employ  at  such  other  prison  or  place,  all  femal 
convicts  now  supported,  confined,  governed  and  employee 
or  who  may  hereafter  be  received  for  such  purpose  by  then 
under  and  by  virtue  of  any  contract  made  in  behalf  of  th 
state  with  them,  in  pursuance  of  the  act,  entitled  "  An  ac 
respecting  the  state  prison,  and  concerning  the  penitentiar 
in  the  city  of  New- York,"  passed  April  12,  1828,  by  th 
commissioners  therein  mentioned. 

5.  §  2.  Such  contract  shall  not  be  impaired  or  affected  b; 
this  act,  or  by  any  thing  to  be  done  in  pursuance  thereof 
but  the  terms  and  conditions  thereof  shall  apply  to  the  im 
prisonment  of  such  female  convicts  in  such  other  prison  o 
place  of  confinement,  in  like  manner  as  the  same  has  hereto 
fore  applied  to  the  imprisonment,  of  such  convicts  in  the  sail 
prison  at  Greenwich. 


COJ^VICTS. 

INSANE    AND    UNDER   AGE. 

Revised  Statutes,  Vol.  2,  p.  769, 

1.  May  be  taken  to  the  Lunatic  Asyluni>  New- York. 

2.  When  to  be  returned  to  prison. 

3.  Expenses,  how  defrayed. 

4.  Convicts  under  seventeen  years  of  age,  to  be  sent  to  the  House  of  Refuge, 

5.  Expense,  how  paid. 

6.  To  be  raised  by  tax. 

1.  §  72.  Whenever  the  physician  of  any  state  prison  shali 
duly  report  to  the  keeper  of  such  prison  that  any  convict  con- 


CONVICTS— INSANE  AND  UNDER  AGE,  137 

fined  therein  is  insane,  it  shall  be  the  duty  of  such  keeper,  un- 
der the  direction  of  the  inspectors,  to  cause  such  insane  con- 
vict to  be  removed  to  the  lunatic  asylum  in  the  city  of  New- 
York,  if  a  reasonable  contract  can  be  made  with  the  mana- 
gers thereof,  for  the  maintenance  of  such  convict,  until  the  ex- 
piration of  the  term  for  which  he  shall  have  been  sentenced, 
if  he  shall  so  long  continue  insane. 

2.  §  73.  If  such  insane  person  shall  recover  from  his  in-  tuJIedto wlin!' 
sanity  before  the  expiration  of  the  term  for  \yhich  he  was 
sentenced,  the  agent  of  the  prison  from  which  he  was  sent, 

shall  cause  such  convict  to  be  returned  to  such  prison. 

3.  §  74.  The  expense  of  removing  such  convict,  and  of  ^^^^^^^  i^o^ 
maintaining  him  in  the  said  lunatic  asylum,  as  above  pro- 
vided, shall  be  paid  by  the  agent  of  the  prison  from  which 

he  was  sent,  out  of  any  money  belonging  to  the  state. 

UXDER  THE  AGE  OF  SEVENTEEN  YEARS. 

AN  ACT  concerning   Convicts  under  the  age  of  seventeen 
years,  and  for  other  purposes. 

Passed  April  16,  1830.  Chap.  181,  p.  205. 

4.  §  1.  The  person  administering]^  the  i^overnment  of  this  ?''' '^^  ^f'"^  to  the 

■* ,  ^  .  .  house  of  refuge, 

state,  is  hereby  empov/ered  to  direct  the  agent  of  either  of 
the. state  prisons  of  tliis  state,  whenever  the  inspectors  thereof 
shall  recommend  the  same,  to  convey  any  convicts  who  shall 
be  under  the  age  of  seventeen  years,  to  the  house  of  refuge 
in  the  city  of  New- York ;  and  they  shall  there  be  confined 
according  to  the  rules  aitJ  regulations  of  said  house  of  refuge  ; 
the  expenses  of  such  removal  shall  be  the  same  as  allowed 
to  sheriffs  for  like  services,  and  a  charge  upon  such  prison, 
as  part  of  its  ordinaiy  expanses  to  be  certified  by  the  in- 
spectors. 

5.  §  2.  The  expenses  of  such  removal  shall  be  first  paid    ^'^^Ip^^  ^^^ 
out  of  any  funds  of  the  prison  for  general  support,  to  be  cer- 
tified by  the  inspectors :  and  it  shall  also  be  the  duty  of  said 
inspectors  and  agent  to  make  out  ^  certificate  of  said  ex- 
penses, and  forward  the  same  to  the  sherili'  of  the  count  v 

where  such  convict  or  convicts  were  sentenced,  whose  duty 

18 


138  CORONER. 


it  shall  be  to  present  the  same  to  the  board  of  supervisors  of 
said  county,  at  their  first  annOial  meeting  thereafter. 

To  be  raised  by  Q^  ^  3^  The  board  of  supervisors  shall  raise  the  said  amount 
Us  other  county  charges ;  and  the  treasurer  of  said  county 
shall,  within  ten  days  after  receiving  the  same,  remit  the  said 
amount  to  the  agent  of  said  prison. 


€ORO:\ER. 

Revised  tStatuteSj  Vol,  2,  p.  742. 

OF   CORO.NERS'  Ix\QU£STS. 


1.  Cases  in  whicli  coroner  is  to  summon  jury  of  inquiry. 

2.  When  and  how  jury  to  be  sworn. 

3.  &.  4.  Witnesses  how  compelled  to  attend ;   some  surgeon  to  be  called. 

5.  Inquisition  by  jury  liow  to  be  made ;  its  contents. 

6.  &  7.  Proceedings  by  coroner  if  any  offence  be  found. 

8.  Testimony  of  witnesses  to  be  written  and  transmitted  to  court. 


w'lonjurytobc      §  1.  Wheucver  any  coroner  shall  receive  notice  that  any 

summoned.  •<  ./  ./ 

person  has  been  slain,  or  has  suddenly  died,  or  has  been  dan- 
gerously wounded,  it  shall  be  the  duty  of  such  coroner  to  go 
to  the  place  where  such  person  shall  be,  and  forthwith  to 
summon  not  less  than  sixteen,  nor  more  than  twenty-three 
persons,  qualified  by  law  to  serve  as  jurors,  and  not  exempt 
from  such  service,  to  appear  before  such  coroner  forthwith, 
at  such  place  as  he  shall  appoint,  to  make  inquisition  con- 
cerning such  death  or  wounding.  (47) 

BweariDg  jury.  §  ^'  Whenever  twelve  or  more  of  the  jury  shall  appear, 
they  shall  be  sworn  by  the  corqper,  to  inquire  how  and  in 
what  manner,  and  when  and  where,  such  person  came  to  his 
death,  or  was  wounded,  (as  the  case  may  be,)  and  who  such 
person  was,  and  into  all  the  circumstances  attending  such 
death  or  wounding ;  and  to  make  a  true  inquisition,  accord- 
ing to  tlic  evidence  offered  to  them,  or  arising  from  the  in- 
spection of  the  body. 

iV,}  1  R.  L.  I).  100,  etclJoii  1. 


ODROXER.  '  139 

§  3.  The  coroner  sliall^  have  power  to  issue  subpoenas  for   ^^i"neE^^°' 
witnesses,  returnable,  either  forthwith  or  at  such  time  and 
place  as  he  shall  appoint  therein ;  and  it  shall  be  the  duty  of 
the  coroner  to  cause  some  surgeon  or  physician  to  be  subpoe- 
naed to  appear  as  a  witness  upon  the  taking  of  such  inquest. 

§  4.  Every  person  served  with  any  such  subpoena  shall  be  How  enforced, 
liable  to  the  same  penalties  for  disobedience  thereto,  and  his 
attendance  may  be  enforced  in  like  manner  as  upon  subpoenas 
issued  in  justices'  courts. 

§  5.  The  jury  upon  the  inspection  of  the  body  of  the  person  inquisition  of 
dead,  or  wounded,  and  after  hearing  the  testimony,  shall  de- 
liver to  the  coroner  their  inquisition  in  writing,  to  be  signed  • 
by  them,  in  which  they  shall  find  and  certify  how  and  in  what 
manner,  and  when  and  where,  the  person  so  dead  or  wound- 
ed, came  to  his  death  or  was  wounded,  (as  the  case  may  be,) 
and  who  such  person  was  ;  and  all  the  circumstances  attend- 
ing such  death  or  wounding,  and  who  were  guilty  thereof, 
either  as  principal  or  accessary,  and  in  what  manner. (48) 

§  G.  If  the  iurv  find  that  any  murder,  manslaughter,  or  as-   Proceedings  of 

'  J       »  *'  '  o  '  coroner. 

sault  has  been  committed,  the  coroner  shall  bind  over  the 
witnesses  to  appear  and  teslify  at  the  next  criminal  court,  at 
which  an  indictment  for  such  offence  can  be  found,  that  shall 
be  held  in  the  county.  And  in  such  case,  if  the  party  charg- 
ed with  any  such  offence  be  not  in  custody,  the  coroner  shall 
have  power  to  issue  process  for  his  apprehension,  in  the  same 
manner  as  justices  of  the  peace. 

§•7.  The  coroner  issuing  such  process  shall  have  the  same     ibid.     ] 
power  to  examine  the  defendant,  as  is  possessed  by  a  justice 
of  the  peace  ;  and  shall  in  all  respacts  proceed  in  like  manner. 

§  8.  The  testimony  of  all  witnesses  examined  befcn!#  a  Testimony  of 
coroner's  jury  shall  be  reduced  to  writing  by  the  <?oroner, 
and  shall  be  returned  by  him,  together  with  the  inquisition 
of  the  jury,  and  all  recognizances  and  examinations  taken  by 
such  coroner,  to  the  next  criminal  court  of  record  that  shall 
be  held  in  the  county. 

(4=')   1  Rfv.  l.au.-,  p.  1.jO,  seclion  1. 


witnesses. 


140  CORONER— CORPORATION. 

CORONER. 

v 

Revised. Statutes,  Vol,  2,  p.  111. 

1.  Inquests  of,  in  the  State  Prison. 

2.  Fees  of. 

Coroner's  in-  1.  §  75.  It  sliall  not  be  lawful  for  any  coroner  to  hold  an  in- 
quest in  any  state  prison,  upon  the  body  of  any  deceased 
convict,  unless  requested  by  the  agent,  physician,  or  chaplain 
of  tlie  prison,  or  by  one  of  the  inspectors  ;  but  it  shall  be 
the  duty  of  the  agents  to  call  the  coroner,  in  all  cases  of  the 
death  of  any  convict  from  any  cause  other  than  ordinary 
sickness. 


CHAP.  YIII. 

AN  ACT  regulating  the  fees  of  the  Coroner  in  the  city  of 
New-York. 

Passpd  J;inijary  29,  1819. 

Fees  of  Coroner  2,  BE  it  enaclcd  hij  tile  jpeople  of  the  State  of  New-YorJiy 
represented  in  Senate  and  Assembly,  That  the  coroner  for  the 
city  and  county  of  New- York,  shall  not  bo  entitled  to  re- 
ceive more  than  five  dollars  for  viewing  a  body,  and  taking 
and  returiiiiK/  an  inquisition. 


Corporation^  of  rb^civ-York, 

CERTAIN    rOWErwS    GRANTED    TO. 

Revised  Laws  of  1813,   Vt)I.  2,  p.  44.5. 


1 .  Common  council  to  regulate  fees  on  distress  for  rent. 

2.  To  pass  laws  for  regulating  grounds,  5'ards,  cellars,  lots,  bulk  heads,  slips,  &e. 

3.  Inspector  of  lots  may  be  appoinie'd,  aud.his  duty. 

^rf^xpcnscs  of  certain  works  how  to  be  estimated  and  assessed  and  paid. 
S^'ommon  council  may  cause  work  to  be  done,  and  recover  from  those  interested  by 

distif  ss  or  action  of  debt. 
G.  E.xpcnses  a  lien  on  property. 
7.  Common    council  authorized  to  pass  laws  prohibiting  falo  of  articles  on  Sunday, 

suppressing  gaming  houses,  regulating  butciiers  and  hackney  coaches. 
F.  To  pass  laws  taxing  and  destroying  dogs  and  sweeping  cliimneys. 
0.  May  impose  penalties  for  breach  of  by-laws,  &c. 
10.  May  cause  the  earth  to  be  bored  for  water. 

t?Taniar?.'es      L  §  CCLXYI.  And  he  it  further  enacted,  That  it  shall  and 
re'lit.^^'**'^'^^^   ^^^  ^^^y  ^^^  lawful   for  the  mayor,  aldermen  and  commonalty  of 


CORPORATION.  141 

the  city  of  New-York,  in  qommon  council  convened,  to  make 
such  by-laws  and  ordinances  as  they  shall,  from  time  to  time, 
see  fit,  establishing  and  regulating  the  fees  to  be  demanded 
and  received  by  constables,  marshals  or  other  persons  whom- 
soever, for  making  distress  for  rent,  and  for  all  and  every 
the  necessary  and  proper  services  and  proceedings  in  the 
premises,  and  to  impose  such  fines  and  penalties  for  viola- 
tions of  such  by-laws  or  ordinances,  as  they  may  from  time 
to  time  see  fit. 

2.  §  CCLXVII.  A?id  he  it  further  enacted,  That  the  mayor,  Ta  pass  lau-s  for 

■•  »'  "  filluii:  up  and  n*- 

aldermen  aftd  commonaltv  of  the  said  city,  in  common  coun-  filiating  grounds, 

''  '  yards    and    ccl-  • 

cil  convened,  shall  have  full  power  and  authority,  to  make  lars. 
and  pass  such  by-laws  and  ordinances  as  they  shall,  from 
time  to  time,  deem  necessary  and  proper  for  the  filling  up, 
draining  and  regulating  of  any  grounds,  yards  or  cellars, 
within  the  said  city,  that  may  be  sunken,  damp,  or  unwhole- 
some, or  which  they  may  deem  proper  to  fill  yp,  drain,  raise, 
lower  or  rep^ulate  ;  and  also,  for  causinfy  all  such  lots  of    For  fiiiinir  up 

.  *-  .  lots  adjoining  riv- 

ground  in  the  said  city  adjoining  the  .Hudson  s  river,  or  to  «-is. 
the  East  river  or  Sound,  as  they  may  from  time  to  time  think 
proper,  to  be  filled  up  with  wholesome  earth  or  other  solid 
materials,  so  far  into  the  said  rivers  respectively,  as  they  i 
shall   from  time  to  time  deem  expedient  for  promoting  the 
health  of  the  said  city ;  and  for  compelling  the  proprietoi;s 
of  such  lots  to  make  suitable  bulk  heads  o'n,  adjoining  or  op-  b„^"'',f3^to  b? 
posite  to  such  lots,  and  to  raise  and  fill  up  the  same  with  »'=^''«- 
such  materials,  and  in  such  manner,  and  within  such  times  as  • 

'the  said  mayor,  aldermen  and  commonalty,  shall  from  time  to 
time  direct ;  and  also,  for  filling  up,  altering  and  amending, 
of  all  public  slips'  in  the  said  city,  at  such  times  and  in  such  For  fining  up 
manner  as  they  may  deem  proper ;  and  for  filling  up,  or 
altering  and  amending  all  sinks  and  privies  w^ithin  the  said  JP/^  .anSkf 
•city,  or  for  directing  the  mode  of  constructing  them  in  future, 
and  for  causing  subterraneous  drains  to  be  made  from  the 
same,  w^iere  they  may  think  it  necessary  ;  and  for  refrulatiiiff.  For  regulating  in- 

•^  -^  ."':  ^        f,     5*     tennont    of     tlio 

or  if  they  find  it  necessary,  preventing:  the  interment  of  the  <ie"d- 

^  ...  .  .  .  For  regulating 

dead  within  the  said  city:   and  for  the  better  reo-ulatin^  i'<^''^''ii'»g  iiousca 

*^    '  ^   ,  ^  ^  and  taverns. 

of  boarding-houses  and  taverns  in  the  said  city,  .and  the  pre- 
venting the  resort  of  crowds  of  disorderly  persons  to  them  ; 
and  for  preventing  the  digging  or  turning  u|S  of  made  ground  tiirnnninrnpof 
or  grounds  formerly  covered  with  w^ater,  during  tlie  summer  g,*,uird.  ""*^''' 
months,  without-  their  jxirmission. 


142  CORPORATION. 

t?TpToinrTn-  3.  §  CCLXVIII.  And  he  it  further  enacted.  That  it  shall 
spector  ot  lots.  ^^^  ^^^  ^^  lawful  foi*  the  Said  mayor,  aldermen  and  com- 
monalty, in  coipmon  council  convened,  to  appoint  one  or 
more  persons  as  inspectors  of  lots  in  the  said  city,  who  shall 
have  power  at  all  times^  between  sun-rise  and  sun-set,  to 
enter  into  any  cellar,  lot  of  ground,  or  building  of  any  kind, 
and  to  examine  the  sta,te  thereof,  and  to  report  the  same  to 
the  said  common  council,  whenever  he  or  they  shall  judge 
duty.^°^^"  ^^^  ^^^^  ^^^  health  of  the  city  may  require  any  alterations  or 
regulations  therein. 

Expense  of  cer-      4.  §  CCLXIX.  Aiid  be  it  farther  enacted,  That  !n  all  cases 
to'"br"c8t'imatt'd  whcrc  the  said  by-laws  or  ordinances  shall  require  any  thing 
to  be  done  by  or  with  res.pect  to  the  property  of  severalper- 
sons-,  or  in  relation  to  the  filling  up,  altering  or  amendihg, 
any  of  the  public  slips  in  the  said  city,  the  said  mayor,  alder- 
men and  commonalty,  in  common  council  convened,  shall 
cause  the  expense  of  such  works  to  be  estimated  and  as- 
sessed in  the  same  manner  as  is  directed  in  and  by  this  act, 
with  respect  to  the  paving  or  regulating  the  public  streets  in 
the  said  city  ;.  and  where  the  same  shall  relate  to  the  filling 
Common  connrii  up,  altering  or  amending  the  public  slips  as  aforesaid,  one 
paJrVi'"iii  •  VI  thir<i  of  the  expense  attending  the  same  shall  be  borne  by 
E'p  slips?    '    "the    said   mayor,  aldermen    and  commonalty,  and  the  re- 
sidue by  the  persons  in  the  vicinity,  who   may  be  benefited 
♦   thereby,  and  in  other  cases  such  expenses  shall  be  borne  by 
the  persons  respectively,  upon  whom  the  same  may  be  as- 
sessed as  aforesaid. 


Common  council 


5.  §*CCLXX.  And  he  it  farther  enacted.  That  it  shall  and 

"rL'dom^Tnd  ^""^^y  ^^^  lawful  for  the  said  mayor,  aldermen  and  commonalty, 

i-nmrb^articrh^'i-  i^^  ^^^  cascs  wlicrc  they  niay  deem  it  necessary  for  the  more 

teresrtod.  spccdy  cxccution  of  the  said  by-laws  and  ordinances,  or  any 

of  them,  to  cause  all  such  works  as  may  be  necessary  for  any 

of  the  purposes  aforesaid,  or  any  part  thereof,  to  be  executed 

and  done  at  their  own  expense,  on  account  of  the  persons 

respectivel)^,  upon  whom  the  same  may  be  assessed,  and  shall 

have  full  power,  and  are  hereby  authorized  to  levy  the  same 

Bydistiesaand  with  lawful  interest,  and  all  reasonable  costs  and  expenses 

attending  such  proceedings,  by  distress  and  sale  of  the  goods 

and  chattels  of  the  proprietors  or  occupants  of  the  property, 

upon,  or  by  reason  of  which  any  such  sum  shall  have  been 

assessed,  or  to  recover  the  amount  of  every  such  expense,  by 


>    CORPORATION.  ^  143 

action  of  debt  in  any  court  of  record,  from  the  persons  res-  deSt' ^^' *'''''"  °^ 
pectively  on  whose  account  the  same  shall  have  been  incur- 
red, their  respective  heirs,  executors  or  administrators,  in  all 
which  actions  they  shall  also  recover  lawful  interest  upon 
the  said  amount,  with  full  costs  of  suit. 

^        ,     r--,  ,  .    Such  expense?  a 

6  A  CCLXXI.  And  be  it  further  enacted,  That  the  amount  lien  on  property 


assessed. 


of  every  such  expense,  which  the  said  mayor,  aldermen  and 
commonalty,  shall  pay  as  aforesaid,  on  account  of  others, 
shall  be  a  real  incumbrance  upon  tlie  houses  and  lots  in  res- 
pect to  w^hich  such  assessments  as  aforesaid  shaU  have  been 
made,  and  shall  bear  lawful  interest  until  paid,  and  that  the  ' 
same  maybe  recovered,  or  the  payment  thereof,  with  costs, 
enforced  in  like  manner  as  if  the  said  houses  and  lots  were 
mortgaged  to  the  said  mayor,  aldermen  and  commonalty,  for 
the  payment  thereof. 

7.  §  CCLXXII.  Aiidbe  it  further  enacted,  That  the  mayor,  ^^^';,"j;,';;|/JJ'",;** 
aldermen  and  commonalty,  of  the  city  of  New- York,  in  com-  Eg^^aieoTaJ^ 
mon  council  convened,  shall  have  full  power  and  authority  to  ticics  ou  Sunday. 
make  and  pass  such  by-laws  -  and  ordinances  as  they  shall 
from  time  to  time  deem  necessary  and  proper  to  regulate  or 
to  prohibit  the  purchase,  sale,  and  exposure  to  ^e  of  any 
goods,  wares  or  merchandise,  fruits,  herbs,  liquors,  meats, 
fish,  or  any  other  article  or  thing  within  the  said  city,  on  the 
first  day  of  the  week,  called  Sunday,  except  fresji  fish,  w^hich 
may  be  sold  prior  to  nine  o'clock  in  the  forenoon ;    and  also, 
to  prohibit  and  suppress  all  gaming  hoyses  and  places  for  suppiepsinggam- 
ffamincr  in  the  said  citv,  and  also  to  regulate  the  butchers       K.'Ruiaiing 

.        I  .  1      •  1  -     ,  .1  .  ,  .         1  /'  butchers.* 

m  the  said  city,  and  to  prohibit  and  restram  them  irom  car- 
rying on  their  business  at  any  other  times  or  places,  than 
such  as  may  be  designated  for  that  purpose  by  the  said  com- 
mon council,  and  to  prohibit  and  restrain  all  and  every  person 
or  persons,  other  than  licensed  butchers,  from  carrying  on 
the  business  or  calling  of  a  butcher,  or  any  branch  or  part 
thereof,   in  the   said  city ;  and   also   to    re  ovulate    hackney  Regulating  hack- 

.  ,      ,  1     1    •  1  ney-coaches. 

coaches  or  carnages,  and  the  ow^ners  and  drivers  thereof, 
and  their  rates  of  fare  or  carriage,  requiring  the  owuers  of 
such  hackney  coaches  or  carriages,  to  have  a  license  from 
the  mayor  of  the  said  city,  for  tho  time  being,  under  the  di- 
rections of  the  common  council  of  the  said  city  ;  and  every 
owner  of  a  hackney-coach  or  carriage,  or  hackney-coaches 


144  CORPORATION. 

or  carriages,  who  shall  obtam  such  license,  shall  pay  there- 
for a  sum  to  be  determined  by  the  said  common  council,  not 
exceeding  five  dollars  for  each  hackney-coach  or  carriage, 
which  sums  shall  be  applied  towards  the  support  of  the  poor 
of  the  said  city. 

Taxing  and  de-      8.  §  CCIiXXIII.  And  be  it  further  enacted,  That  the  said 
strojing  ogs.     j-j^j^y^j,^  aldemicn  and  commonalty,  in  common  council  con- 
vened, shall  also  have  power  and  authority  to  make  by-laws 
and  ordinances,  relative  to  the  taxing  and  destroying  of  dogs 
Sweeping  of    wltliiu  the  said'  city ;  and  also  relative  to  the  sweeping  of 

cJiiianeys.  ,  .  ,      .  it-'  i       o 

chimneys,  appomtmg  and  licensmg  a  proper  person  or  per- 
sons to  superintend  the  same,  and  generally  to  do  whatever 
may  be  deemed  by  them  necessary  and  proper  in  the  premi- 
ses :  Provided,  Such  ordinances  be  not  repugnant  to  the  con- 
stitution or  laws  of  this  state,  or  the  United  States. 

And  for  the  more  effectual  and  perfect  execution  of  the 
laws  and  ordinances  of  the  said  mayor,  aldermen  and  com- 
monalty, 
Tommon  ronncii      9.  §  CCLXXIV.  And  he  it  fui^thcr  enacted.  That   in   all 

iiiav  inii)OHe  pen-  ,  .  .■,,"(,.■,.  -in  i 

ahiVs  for  breach  cascs,  HOt  otlicrwise  providcd  lor  m  this  act,  It  shall  and  may 
be  lawfuffor  the  said  mayor,  aldermen  and  commonaltv,  in 
common  council  convened,  from  time  to  time,  to  impose  pen- 
alties for  the  non-observance  of  the  same,  not  exceedinfl:  two 
hundred  and  fifty  dollars,  and  in  all  cases  to  direct,  that  such 
And  direct  part  part  of  aiiv  penalty  as  they  shall  think  proper,  shall  be  paid 

to  be  paid  to  in-  ^  '  <,     *  i        i  i 

lormer  and  applied  to  the  use  of  the  person  or  persons  who  shall  af- 

ford such  information  as  to  enable  them  to  prosecute  the  of- 
fender or  offenders  to  conviction:  And  further.  That  al- 
laws  and  ordinances  of  the  said  mayor,  aldermen  and  com- 
monalty, in  common  council  convened,  may  remain  and  con- 
By  laws  to  re-  tiuuc  lu  forcc  for  and  during  the  period  of  three  years  from 

yeail/'^  "  ^  the  passiug  thereof,  unless  the  same  shall  be  repealed  by  the 
said  common  council,  or  enacted  for  a  shorter  period,  a;id 
shall  always  Ije  renewable  at  the  pleasure  of  the  said  mayor, 
aldermen  and  commonalty,  in  common  council  convened: 
Provided,  That  any  ordinance  or  part  of  an  ordinance,  pass- 


CORPORATION.  145 

ed  in  pursuance  of  the  powers  here  granted,  may  at  any 
time  be  repealed  by  the  legislature.* 


CHAP.  CLVIII. 

AN  ACT  relative  to  Boring  the  Earth  for  Water  in  the  City 

of  New-York. 

Passed  April  18,  1831.  p  197. 

The  People  of  the  State  of  New-York^  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

§  1.  It  shall  be  lawful  for  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New- York,  in  common  council  con- 

*  By  the  charter  of  the  city  of  IGSC,  power  is  given  to  the  mayor,  aldermen  and  coramotl- 
alty  to  lay  out  streets,  declaring  they  gliall  have  full  power,  license  and  authority  to  establish, 
appoint,  order  and  direct  the  establisliiiig,  making,  laying  out,  ordering,  amending  and  re- 
pairing all  streets,  lanes,  alleys,  highways,  watercourses,  ferries  and  bridges  in  and  through- 
out the  said  city  of  New- York.  Notwithstanding  the  apparent  fullness  of  this  power,  va- 
rious enactments  have  been  made  by  the  Provincial  Assembly  and  by  the  legislature  of  the 
state  since  the  organization  of  the  government  granting  to  the  corporation  additional  pow- 
ers, or  in  supplying  defects  in,  or  confirming  those  already  possessed.  So  early  as  October 
1,  1691,  V.  S.  vol.  1,  p.  8,  an  act  was  passed  by  the  Provincial  Assembly,  entitled  an  "  Ac^ 
for  the  regulating  the  buildings,  streets,  lanes,  wharves,  docks  and  alleys,  of  the  city  of  New- 
York."  The  preamble  to  the  act  recites  "  For  as  much  as  the  city  of  New- York,  the  me- 
tropolis of  this  province,  was  chiefly  erected  by  the  inhabitants  thereof,  for  the  propaga- 
ting and  encouragement  of  trade  and  commerce,  and  for  the  good,  benefit  and  welfare  of 
their  majesty's  subjects  inhabiting  within  this  province  ;  and  for  as  much  as  it  is  very  ne- 
^  cessary  for  traffic  and  commerce  that  buildings,  streets,  lanes,  wharvee,  docks  and  alleys  of 
.the  said  city  be  conveniently  regulated  with  uniformity  for  the  accommodation  of  habitsr 
tions,  shipping,  trade  and  commerce,  and  tiiat  all  impediments  and  obstructions  that  may 
retard  so  necessary  a  work,  may  be  removed."  The  act  empowers  the  corporation  to  ap- 
point surveyors  of  buildings,  streets,  &;c.  and  in  laying  out  streets  in  future,  to  take  a»y  per- 
son's ground,  and  ou  their  refusing  to  treat  for  the  price,  may  summon  a  jury  to  assess  the 
damages. 

An  act  was  passed  4tli  of  May,  1754,  V.  S.  vol.  1,  p.  339,  entitled  an  act  to  enable  and  em- 
power the  mayor,  aldermen  and  commonalty  of  the  city  of  New-York,  and  their  succes- 
.sors,  to  prevent  and  remove  particular  nuisances  within  the  same  to  the  southward  of  fresh 
water.  This  act  empowered  the  corporation  to  inclose  vacant  lots  by  fences  which  had! 
become  nuisances,  and  to  lease  them  out,  &c.  and  to  retain  possession  of  them  until  all  ex- 
penses were  paid  to  them.  This  act,  has  been  said ,  was  found  to  be  a  most  salutary  law  in 
promoting  the  improvements  in  the  upper  part  of  the  city. 

Soon  after  the  organization  of  our  present  government  an  act  was  passed  16th  of  April, 
1778,  Greenleaf,  vol.  1.  p.  441,  entitled  an  act  for  the  regulating  buildings,  streets,  wharves 
and  slips  in  the  city  of  New- York.  It  authorizes  the  common  council  to  make  by-laws  for 
regulating  buildings,  streets,  wharves  and  slips,  and  to  direct  the  making  common  sewers, 
drains  and  vaults,  paving  the  streets  and  altering,  amending  and  cleansing  the  same.  This 
act  has  been  followed  by  numerous  others  which  have  been  passed,  as  the  wants  of  the  city 
required,  or  the  occasion  called  for.  It  has  been  the  practice  for  the  corporation  to  resort 
to  the  aid  of  lecrislatirc  powers  even  whsre  they  have  possessed  them  by  charter,  where 
the  private  rights  of  individuals  are  concerned,  and  accordingly  we  find  scattered  through 
our  statute  book  numerous  enactments  in  relation  to  opening,  enlarging,  extending,  &c. 
streets,  filling  up  and  regulating  grounds,  lots,  yards.  &;c.  regulating  buildings,  wharves  and 
slips,  as  may  be  seen  in  the  list  of  acts  in  this  volume 

19 


146  COURTS. 

vened,  whenever  they  shall  deem  it  expedient,  to  cause  the 
earth  to  be  bored  ibr  the  purpose  pf  obtaining  water,  in  any 
street,  road  or  public  highway  in  the  said  city,  and  to  order 
the  same  to  be  done  accordingly,  in  such  manner  and  at  such 
place  or  places  in  the  said  city  as  they  shall  think  most  ad- 
visable ;  and  the  expense  thereof,  and  of  pumps  and  other 
fixtures  connected  therewith,  shall  be  estimated  and  assess- 
ed among  the  owners  or  occupants  of  the  houses  and  lots  of 
ground  intended  to  be  benefited  thereby,  and  shall  be  collect- 
ed in  like  manner  as  is  now  authorized  by  law  with  respect 
to  public  wells  and  pumps  and  cisterns  in  the  said  city. 


COSTS, 

IN  SUITS  BROUGHT  IN  THE  NAME  OF  THE  PEOPLE. 

AN  ACT  concerning  costs  in  certain  suits  brought  in  the 
'  name  of  the  People. 

Passed  April  24,  1832,  chap.  246.  p.  436. 

Costs  in  suits  §  3.  In  all  suits  which  may  be  commenced  after  this  act 
n'Sefthl"statS  takes  effect,  in  the  name  of  the  people  of  this  state,  where  the 
debt,  damages  or  sum  of  money  incontroversy,  if  recovered, 
will  not  belong  to  the  treasury  of  this  state,  the  cost  of  pro- 
secuting suit,  or  defending  where  the  defendant  succeeds  in 
his  defence,  shall  not  be  a  charge  against  the  state  treasury  ; 
but  such  costs,  if  the  suit  shall  be  brought  for  a  debt,  damages 
or  sum  of  money,  or  where  the  matter  in  controversy,  if  re- 
covered, will  belong  to  any  particular  county,  city,  town  or 
village,  shall  be  a  charge  against  such  county,  city,  town  or 
village. 


COURTS  -  Circuit. 

Revised  Statutes,   Vol  2,  p.  201. 

1.  Four  circuit  courts  each  year  in  New- York. 

2.  By  whom  and  how  often  adjourned. 

3.  Sittings  in  Xcw-York,  by  whom  ordered. 

4.  Clerk  of. 

1.  §  4.  There  shall  be  held  in  each  year,  at  least  two 
circuit  courts  and  courts  of  oyer  and  terminer  and  jail  de- 
livery, in  each  of  the  counties  of  this  state,  separately  or- 
ganized, and  in  the  city  and  county  of  New-York  there  shall 
be  at  least  four  such  courts  in  each  year.(l) 

(1)  Laws  of  1823,  p.  208,  ^  5. 


COURTS.  147 

%  §  11.  Any  circuit  held  in  and  for  the  city  and  county  of 
New- York,  may  be  continued  by  adjournment  to  such  time 
as  the  court  shall,  by  rule  to  be  entered  in  its  minutes,  direct ; 
and  such  adjourned  circuit  may  be  held  and  continued  by 
further  adjournment  as  often  as  the  circuit  judge  of  the 
first  circuit  shall  think  fit,  and  causes  may  be  noticed  for 
trial,  and  tried  thereat  in  like  manner  as  at  a  stated 
circuit.  (2) 

3.  §  26.    Either  of  the  justices    of  the    supreme    court  sittings  in  New 
may,  in  the  May  term  thereof,  or  during  any  vacation  of  that 

court,  on  such  days  as  the  court  shall  by  an  order  appoint 
for  that  purpose,  try  all  issues  which  could  be  tried  in 
the  circuit  court,  for  the  city  and  county  of  New- York, 
and  exercise  all  the  powers  of  such  court ;  and  such  sittings 
maybe  held  for  as  many  days  as  the  judge  holding  the 
same  shall  think  necessary. 

4.  §  45.  The  clerk  of  the  supreme  court  residing  in 
the  city  of  New-\ork,  shall  be  clerk  of  the  sittings  and  cir- 
cuit courts  held  in  and  for  the  city  and  county  of  New- 
York.  (84) 


COURT, 

FOR  THE  CORRECTION  OF  ERRORS. 

CHAP.  CCCVIII. 

AN  ACT  concerning  the  Court  for  the  Correction  of  Errors, 

Passed  April  26,  18.32.  p   528. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assemblij,  do  enact  as  follows: 

§  1.  The  court  for  the  correction  of  errors  may  hold  the 
terms  thereof  which  shall  be  held  in  the  interim  in  the  ses- 
sions of  the  legislature,  either  in  the  city  hall  of  the  city  of 
New- York,  or  the  capitol  in  the  city  of  Albany,  or  at  the 
academy  in  the  city  of  Utica,  as  the  court  shall  from  time 
time  order. 

§  2.  This  act  shall  continue  and  be  in  force  for  the  term 
of  two  years. 

(2)Law3  of  1823,  p.  209,  ^  5.  (84)  lb.  p.  426. 


148  COURTS. 

COURT^, 

CRIMINAL,  IN  NEW- YORK,  EXTENSION  OF  JURISDICTION  OF. 

Revised  Statutes,  Vol,  2,  p.  745. 
Jurisdiction  of      ^  22.  The  whole  of  the  Hudson  river  southward  of  the 

enminal    couita         3 

in  New- York,  northern  boundary  of  the  city  of  New- York,  and  the  whole 
of  the  bay  between  Staten-Island  and  Long-Island,  shall  so 
far  be  deemed  within  the  jurisdiction  of  the  city  and  county 
of  New- York,  that  all  offences  shall  be  cognizable  in  the 
courts  of  criminal  jurisdiction  held  in  and  for  the  said  city 
and  county. 


COURTS, 

CRIMINAL,  IN  NEW-YORK,  PROCEEDINGS  IN. 

1.  Time  for  drawing  grand  jury. 

2.  Clerk  of  tlie  Court  of  General  SesBions  to  appoint  a  deputy. 

3.  Clerk  of  Special  Sessit)ns,  and  duties  of. 

4.  Transcript  of  conviction  and  sentence. 

5.  Fines. 

6.  Transcripts  not  to  be  filed. 

7.  Common  Council  may  designate  common  jails. 

8.  Courts  where  to  be  held. 

9.  Assistant  justices'  powers  not  impaired. 

10.  The  application  of  certain  sections  of  the  law. 

11.  Repealing  section. 

12.  Common  Council  may  assign  other  places  than  City  Ilall  for  holding  certain  courts. 

AN  ACT  in  relation  to  certain  proceedings  in  Criminal 
Cases  in  the  City  of  New-York,  and  concerning  certain 
Courts  therein. 

Passed  February  2{>,  18.30. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

§  1.  A  grand  juiy,  to  serve  at  the  ensuing  March  term  of 
the  general  sessions  of  the  peace  in  and  for  the  city  and 
county  of  New- York,  may  be  drawn  on  any  day  of  the  w^eek 
preceding  the  commencement  of  the  said  term,  or  during  the 
first  week  of  the  said  term ;  and  may  be  summoned  by  a 
notice,  to  be  served  two  days  previously,  to  attend  on  any 
day  of  the  said  term. 


COURTS.  149 

1.  §  2.  The  time  for  drawing  a  grand  jury,  to  serve  at  any  Jg^'g^^Sjjirr 
term  of  the  said  court  after  the  said  March  term,  shall  be  at 

the  time  of  drawing  the  names  of  jurors  for  the  trial  of  issues 
of  fact  in  said  court ;  and  all  the  existing  provisions  of  the 
Revised  Statutes  in  relation  to  grand  juries,  the  return  and 
summoning  of  the  jurors,  their  powers,  duties,  and  Habilities 
for  neglect,  are  declared  to  be  applicable  to  the  grand  jurors 
so  to  be  drawn  for  the  said  March  term,  or  any  subsequent 
term  of  the  said  court,  except  as'  herein  otherwise  specially 
directed. 

2.  §  3.  The  clerk  of  the  court  of  oyer  and  terminer  and  S'SppoVtlraT 
general  sessions  of  the  peace  in  and  for  the  city  and  county  p"^*'* 

of  New- York,  may  appoint  some  proper  person  as  deputy,  to 
hold  his  office  during  the  pleasure  of  the  clerk ;  who,  when- 
ever the  said  clerk  shall  be  absent  from  the  city,  or  by  rea- 
son of  sickness  or  any  other  cause,  shall  be  incapable  of  per- 
forming the  duties  of  his  office,  may  perform  all  the  duties 
required  bylaw  to  be  done  by  such  clerk;  which  deputy 
shall,  before  he  enters  on  the  duties  of  his  office,  take  the  oath 
of  office  prescribed  in  the  constitution  of  this  state  ;  and  as 
often  as  such  deputy  shall  die,  resign,  or  be  removed  from 
office,  or  become  incapable  of  executing  the  duties  of  the 
office,  another  may  be  appointed  in  his  place :  Every  such 
appointment  shall  be  in  writing,  under  the  hand  of  the  clerk, 
and  shall  b«  filed  in  his  office. 

3.  §  4.  The  clerk  of  the  court  of  general  sessions  of  the  ciork  of  apecjai 

seBsions. 

peace  of  the  city  and  county  of  New- York,  shall  be  the  clerk 
of  the  special  sessions  in  the  said  city  and  county,  whose  duty 
it  shall  be  to  enter  all  the  proceedings  of  the  said  court,  and 
the  sentences  on  all  convictions  had  therein,  in  full,  in  a  book 
of  minutes  to  be  by  him  kept  for  that  purpose,  and  to  admi- 
nister the  oath  or  affirmation  required  by  law  to  be  adminis- 
tered in  the  said  court. 


4.  §  5.  Whenever  sentence  shall  be  pronounced  upon  anv   Transcript  of 

^  ^  •'      conviction  and 

person  convicted  oi  any  onencc  in  the  said  court  of  special  sentence, 
sessions,  the  clerk  thereof  shall,  as  soon  may  be,  make  out 
and  deliver  to  the  sheriff  of  the  said  city  and  county,  or  his 
deputy,  a  transcript  of  the  entry  of  such  conviction  in  the 
minutes  of  the  said  court,  and  of  the  sentence  thereupon,  duly 


150  COURTS. 

certified  by  the  said  clerk;  which  shall  be  sufficient  authority 
to  such  sheriff  or  deputy  to  execute  such  sentence,  and  he 
shall  execute  the  same  accordingly. 

Fines.  5.  §  6.  All  fiucs  imposcd  by  the  said  court  shall  be  receiv- 

ed by  the  sherifT  of  the  said  city  and  county,  who  shall,  within 
thirty  days  after  the  receipt  thereof,  pay  the  same  to  the  trea- 
surer of  the  said  city,  in  the  same  manner  and  under  the  same 
requirements,  as  fines  received  by  the  said  sheriff  that  are  im- 
posed by  the  general  sessions  of  the  said  city  and  county. 

Transcripts  not  6.  §  7.  Trauscripts  of  couvictious  had  in  the  said  court, 
shall  not  be  required  to  be  certified  by  the  magistrates  holding 
the  said  court,  or  filed ;  but  a  duly  certified  copy  of  any  such 
conviction,  made  by  the  clerk  of  the  said  court,  shall  be  evi- 
dence in  all  courts  and  places,  of  the  facts  contained  therein. 

Common  jails.  7.  §  8.  The  commou  council  may,  by  ordinance,  from  time 
to  time,  designate  any  building  or  buildings  within  the  said  city 
and  county,  to  be  the  common  jails  of  said  city  and  county,  for 
all  the  purposes  for  which  common  jails  may  by  law  be  used ; 
.  and  such  building  or  buildings  so  designated  shall  be  such 
common  jails,  until  changed  by  an  ordinance  of  said  common 
council. 

Courts  where  to      8.  §  9.  It  shall  bc  lawful  for  the  said  common  council,  by 

beheld.  ,  ^     J 

ordinance,  to  provide,  from  time  to  time,  as  the  public  con- 
venience may  require,  that  the  circuit  court  and  courts  of 
oyer  and  terminer  and  jail  delivery,  and  general  and  special 
sessions,  to  be  held  in  and  for  said  city  and  county,  shall  be 
held  either  at  the  city-hall  of  said  city,  or  at  the  building  in 
said  city  known  as  the  sessions-hall ;  and  unless  otherwise 
provided  by  such  ordinance,  it  shall  be  lawful  for  the  said 
courts,  respectively,  by  orders  to  be  entered  in  their  minutes 
from  time  to  time,  to  direct  the  holding  of  their  several  courts 
at  either  of  the  said  places. 

Assistant  justices  9.  §  10.  Nothing  contained  in  the  Revised  Statutes  shall 
be  construed  to  impair  the  powers  and  jurisdiction  possessed 
by  the  assistant  justices'  courts  in  the  city  of  New- York,  be- 
fore the  enactment  of  the  said  statutes  ;  and  in  every  action 
pending  in  any  such  court,  the  justice  shall  have  the  same 


COURTS.  '  151 

power  to  grant  an  adjournment,  on  the  application  of  the 
plaintiff,  as  by  law  he  has  and  may  do  on  the  application  of 
the  defendant. 

10.  §  11.  The  provisions  of  the  one  hundred  and  forty-     ^'^' 
third  section  of  title  fourth  of  chapter  second  of  the  third  part 

of  the  Revised  Statutes,  shall  apply  to  any  recovery  had  be- 
fore any  assistant  justices'  court  in  the  city  of  New-York, 
for  any  penalty  given  to  the  mayor,  aldermen  and  common- 
alty, or  overseers  of  the  poor  of  said  city,  and  incurred  under 
any  law  of  the  state  or  ordinance  of  the  said  city  ;  and  the 
certificate  and  endorsement  required  by  the  said  section  shall 
be  made  either  by  the  justice  or  clerk  of  such  court. 

11.  §  12.  All  statutes  or  parts  of  statutes  heretofore  enact-    Repeal,  &c. 
ed,  so  far  as  the  same  are  inconsistent  with  or  repugnant  to 

the  provisions  of  this  act,  are  hereby  repealed ;  and  this  act 
shall  take  effect  and  be  in  force  at  and  immediately  after  the 
passage  thereof. 


CHAP.  CXXXII. 

1.  Common  Council  authorized  to  assign  other  places  than  the  City  Hall  for  holding 
certain  courts  in. 

AN  ACT  in  relation  to  the   Criminal  Courts  in  the  City  of 

New-York. 

Passed  April  14,1829. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

-    12.  §  1.  It  shall  and  may  be  lawful  for  the  common  coun-  common  coimca 
cil  of  the  city  of  New-York,  to  assign  such  place  in  the  said  sign  other  places 

I  ,  I         .^.        --r    ,,  ,  than  the  city  hall 

City,  Other  than  the  City-iiall,  as  may  to  them  seem  most  for  holding  cer- 

conducive  to  the  pubhc  convenience,  for  the  holding  of  the 

courts  of  general  sessions,  of  special  sessions,  and  of  oyer 

and  tenniner  and  jail  delivery,  to  be  held  in  and  for  the  said 

city  and  county  ;  Provided,  That  such  alteration  of  the  place 

of  holding  said  courts  shall,  before  the  same  takes  effect,  be 

notified  in  one  or  more  of  the  public  newspapers  printed  in 

the  said  city,  for  the  period  of  not  less  than  four  weeks. 


tain  court*  lo. 


152  COURTS. 

V 

COURTS  OF  RECORD, 

REMOVAL    OF.  \ 

Revised  Statutes,  Vol  2,  p.  290,  291. 

MISCELLANEOUS  PROVISIONS  CONCERNING  COURTS  OF  RECORDr 

,  89.  Places  of  holding  courts  in  New-York,  how  changed. 

90.  Proclamation  to  be  published. 

91.  Process  to  be  returned,  &c.  at  place  so  appointed. 

92.  Such  courts  how  adjourned  for  want  of  quorunu 

93.  When  courts  may  be  held  at  other  places  than  court  house. 

94.  Such  place  to  be  deemed  court  house.  ' 

95.  Spirituous  liquors  not  to  be  sold  in  court  house, 

96.  Penalty  for  violating  last  section. 

How  directed  in      §  89.  The  mavor  of  the  city  of  New-York,  or  in  his  ab- 

New-York.  j  »  j  ' 

sence,  the  recorder  thereof,  may,  by  proclamation  under  his 
hand  and  seal,  direct  that  the  term  of  any  court  appointed 
to  be  held  in  the  city  hall  of  that  city,  shall  be  held  in  any 
place  or  places  within  the  city  and  county  of  New- York, 
other  than  the  city  hall,  whenever  war,  pestilence,  or  other 
calamity,  or  the  destruction  or  injury  of  the  city  hall,  shall 
render  it  necessary  that  some  other  place  should  be  se- 
.lected.(24) 

Ibid.  §  90.  Every  such  proclamation  shall  be  published  in  two 

or  more  daily  papers  printed  in  the  cit}^  of  New- York. (24) 

Term  of  procesr.  §  91.  Whenever  such  temi  or  session  shall  be  held  at  any 
place  so  appointed  by  the  governor,  or  by  the  mayor  or  re- 
corder of  the  city  of  New- York,  all  process  shall  be  return- 
ed, and  all  persons  shall  be  held  to  appear  at  such  place,  as 
if  such  term  or  session  was  held  at  the  place  where  by  law 
the  same  was  to  have  been  held.  (25) 

^Adjournment  of  §  92.  lu  casc  aiiy  coui't  shall  not  be  formed  at  the  place 
so  appointed,  by  five  o'clock  in  the  afternoon  of  the  first  day 
of  the  term  or  session,  the  same  may  be  adjourned  to  the 
next  day  by  the  same  officer,  and  in  like  manner  with  the 
same  effect,  as  provided  by  law,  in  case  the  place  of  holding 
such  court  had  not  been  altered.  (25) 

(24)  Revised  Laws,  vol.  2,  p.  504,  ^  12.  (25)  Ibid, 


COURTS.  153 

§  93.  Whenever   the  court   house,  or  place  of  holding  ^"e  «f  holding 
courts  in  any  county  of  this  state,  shall  be  destroyed  by  fire  l^^J\^^^y^  ^^l' 
or  other  means,  or  shall,  from  any  cause,  be  unsafe,  incon-  ^^^ 
venient,  or  unfit  for  the  holding  of  any  court,  the  judges  of 
the  county  courts  of  such  county  may  appoint  some  other 
convenient  building  in  the  vicinity  of  that,  where  the  court 
is  required  to  be  held  by  law  as  a  temporary  place  for  hold- 
ing such  court.  (26) 

§  94.  The  place  so  appointed  shall  be  deemed  the  court 
house  of  the  county  for  the  time  being ;  and  all  business 
which  shall  be  transacted  at  such  place,  shall  be  as  valid  as  if 
the  same  was  done  at  the  usual  and  customary  place. (20) 

§  95.  No  spirituous  liquor  shall,  on  any  pretence  what-  spirituous  nqaor 
ever,  be  sold  within  any  building  established  as  a  court  counhouse° 
house  for  the  holding  of  courts  of  record,  while  any  such 
court,  or  any  circuit  court,  shall  be  sitting  therein  ;  except 
in  such  part  of  such  building  not  appropriated  to  the  use  ot 
courts,  or  of  juries  attending  them,  in  which  such  sale  shall 
have  been  authorized  by  a  resolution  of  the  board  of  supervi- 
sors of  the  county. 

§  96.  Every  person  violating  the  provisions  of  the  last  sec-     Penarty. 
tion  shall  be  deemed  guilty  of  a  misdemeanor. 

Revised  Statutes,  Vol,  2,  p.  281,  §  33. 
§  33.  The  judges  of  the  superior  court  of  law  in  the  city  judges  of  supe- 
of  New- York,  shall,  by  virtue  of  their  respective  offices,  be  Sew-York!" 
supreme  court  commissioners,  and  shall  be  authorized  and 
required  to  perform  all  the  duties  herein  conferred  on  such 
commissioners,  subject  to  all  the  preceding  provisions    of 
this   Title,  except  that  they  shall  not  have  power  to  stay 
any  proceedings  in  any  cause  or  matter  pending  in  the  su- 
preme court,  or  on  any  process  issued  out  of  that  court. 

(26)  Revised  Laws,  vol.  2,  p.  l-fC,  $  5. 


20 


Ii4  COURTS. 

COURTS 

OF  GENERAL  SESSIONS. 

Revised  Statutes,  Vol.  2,  p.  214. 

Sec.  1.  Court  of  General  Sessions  by  whom  held. 
2   Duty  of  Recorder. 

3.  Power  of  General  Sessions. 

4.  Aldermen  to  attend. 

5.  Terms  of  the  court. 

General  sessions  1.  §  27.  The  first  judge  of  the  couiity  courts  of  the  city 
and  county  of  New- York,  and  the  mayor,  recorder  and  al- 
dermen of  the  said  city,  or  any  three  of  them,  of  whom  the 
said  first  judge,  mayor  or  recorder  shall  always  be  one,  shall 
have  power  to  hold  courts  of  general  sessions  in  and  for  the 
said  city  and  county  of  New- York.  (100) 

Duty  of  recorder.  2.  §  28.  It  shall  be  the  special  duty  of  the  recorder  of 
the  city  of  New-York,  to  hold  the  said  court  of  general  ses- 
sions.(lOO) 

Powers  of  gene-  ^'  §  ^^'  The  said  court  of  general  sessions,  shall  possess 
rai  sessions.  ^^le  like  powers  as  the  courts  of  general  sessions  for  thex)ther 
counties  in  this  state,  and  in  addition  thereto,  shall  have 
power,  when  the  said  first  judge  shall  preside,  to  hear,  try 
and  determine  any  indictment  for  any  crime  punishable  by 
imprisonment  for  life.  The  court  shall  also  have  the  same 
power,  when  the  mayor  or  recorder  presiding  shall  be  of  the 
degree  of  counsellor  in  the  supreme  court  of  this  state,  of  at 
least  three  years'  standing.  (100) 

Aldermen  to  at-      4.  §  30.  It  shall  be  the  duty  of  two  of  the  aldermen  of  the 
*^"*''  city  of  New- York,  to  attend  as  judges  of  the  said  court,  when 

notified  or  required  for  that  purpose,  by  the  mayor  or  re- 
corder; and  the  common  council  may  provide  a  suitable 
compensation  for  their  attendance.  (101) 

Terms  of  court.  5.  §  31.  The  Said  court  of  general  sessions  shall  commence 
and  be  held  on  the  first  Monday  in  every  month,  and  may 
continue  and  be  held  every  day,  from  tlie  commencement 

(100)  Laws  of  1821,  p.  65,  $  5,  6, 7  &  11,  and  2  R.  L.  503,  \S  9.     (101)  2  Rev.  L .  p.  503,  §  8. 


COURTS.  155 

thereof,  until  and  including  Saturday,  in  the  third  week  there- 
after.*(101) 


COURTS 

OP  SPECIAL  SESSIONS  OF  THE  PEACE. 

Revised  Statutes,   Vol,  2,  p.  714. 

ARTICLE  SECOND. 

Of  Trials  before  Courts  of  Special  Sessions  in  the  City  and 
County  of  New-York. 

Sec,  22,  23.  When  and  Avhat  accusations  court  may  try. 

24.  Persons  who  are  to  compose  the  court. 

25.  Proceedings  how  to  be  conducted. 

26.  27,  28.  Rij^ht^of  appeal, 'proceedings  thereon. 

29.  Powers  of  general  sessions  on  appeal. 

30.  Minutes  of  trials,  &,c.  to  be  kept  by  police  clerk. 

§  22.  Whenever  any  person  charged  with  having  commit-  Power  of  court 
ted  petit  larceny,  or  any  assault  and  battery,  not  riotously,  prisoneT'"^"  ° 
shall,  upon  his  examination  before  any  police  justice  in  the 
city  of  New- York,  be  required  to  enter  into  a~recognizance, 
with  sureties  to  appear  at  the  proper  court  to  answer  such 
charge,  and  shall  at  any  time  demand  to  be  tried  by  the 
court  of  special  sessions  in  the  city  of  New- York,  such  court 
shall  proceed  to  hear  and  determine  upon  such  accusation.  (12) 

§  23.  If  the  person  charged  with  any  offence  specified  in  ib  whenheomitf 

^  i-  ^  ''^  ^  to  give  bail. 

the  last  section,  shall  not  require  to  be  tried  as  therein  pro- 

*  Courts  of  General  Sessions  of  ths  Poace  were  established  in  tlie  Province  of  New-York 
as  early  as  the  yenr  1C83.  And  further  provision  was  made  by  an  ordinance  of  the  Gover- 
nor and  Council,  May  15,  1699.  See  the  act  ortablishing  tlie  court,  cn'.itled  an  act  to  settle 
courts  of  justice.,  in  the  RcvLscd  Laws  of  1813,  vol.  2,  p.  8  and  11,  App.  and  also  the  ordi- 
nance in  the  same  vol.  p.  12,  App.  Tiie  court  is  directed  to  be  hold  for  the  city  and  county 
of  New- York  upon  the  first  Tuesday  of  May,  the  first  Tuesday  of  August,  the  fiist^'uesday 
of  November,  and  the  first  Tuesday  of  February,  annually,  and  to  continue  two  days,  and 
no  longer.  By  the  charter  of  the  city,  dated  Januaiy  15, 1730,  the  mayor,  deputy  mayor,  re- 
corder, and  aldermen  are  assigned  justices  of  the  peace,  and  they,  or  any  four  or  more, 
(whereof  the  mayor,  deputy  mayor,  or  recorder  to  be  one,)  may  hold  the  court  of  general 
sessions,  and  the  terms  of  the  court  are  extended  from  two  to  four  days.  The  tune  of  hold- 
ing the  court  was  further  extended  by  an  act  passed  February  5,  1787,  J.  &  V.  vol.  2,  p.  16  ; 
by  that  act  it  is  enacted,  that  the  court  of  general  sessions  of  the  peace  in  and  for  the  city 
and  county  of  New-York,  shall  bo  held  on  the  first  Tuesday  of  February,  May,  August,  and 
November,  in  every  year,  each  of  which  sessions  of  the  peace  may  last,  continue,  and  be 
held  until  the  several  Tuesdays  next  following  incUisive.  And  as  the  city  increased  in 
opulence  and  number  of  inhabitants,  tlie  terms  of  this  court  were  successively  ertcndcd^nnd 
the  terms  were  directed  to  be  held  monA///w,  and  to  continue  two  weeks;  and  finally  the 
multiplication  of  business  has  extended  the  monthly  terms  to  three  weeks. 
( 101)  2  Rev.  Laws,  p.  .503,  ^  8.         (12)  2  R.  L.  p.  507,  ^  4. 


156  COURTS. 

vided,  and  shall  not  within  twenty-four  hours  after  being 
committed  on  such  charge,  enter  into  a  recognizance,  w^ith 
sureties,  to  appear  at  the  next  court  of  general  sessions  to 
be  held  in  the  said  city  and  county,  and  answer  to  such 
charge,  the  said  court  of  special  sessions  may  proceed  to 
hear  and  determine  upon  such  accusation. (13) 

Officers  to  form      §  24.  Any  three  judges  of  the  court  of  common  pleas  for 
e  court.  ^^^  ^.^^  ^^^^  county  of  Ncw- York,  of  whom  the  first  judge  of 

said  court,  the  mayor  or  recorder  of  said  city,  shall  always 
be  one,  shall  hold  a  court  of  special  sessions  in  said  city,  un- 
der the  provisions  of  this  Article,  at  such  times  as  the  com- 
mon council  of  said  city  shall  direct ;  and  it  shall  be  the  duty 
of  the  said  recorder  to  preside  therein,  except  when  actually 
engaged  in  the  court  of  general  sessions.  And  the  common 
council  of  said  city  shall,  from  time  to  time,  designate  alder- 
men to  assist  in  such  court. 


Froetediags. 


§  25.  In  hearing  and  determining  any  accusation  accord- 
ing to  the  preceding  provisions,  the  said  court  shall  proceed 
in  all  respects  as  provided  in  the  first  Article  of  this  Title, 
except  as  to  the  summoning  of  a  jury;  and  shall,  upon  con- 
viction of  the  oftcnder,  sentence  him  to  the  punishment  pre- 
scribed bv  law. 


Right  of  appeal,  §  26.  Any  pcrsou  tried  and  sentenced  according  to  the 
provisions  of  this  Article,  without  having  demanded  such  trial, 
may  appeal  from  such  sentence  to  the  court  of  general  ses- 
sions of  the  city  and  county  of  New- York. 


When  to  te 
made. 


§  27.  Such  appeal  must  be- made  at  the  time  sentence  is 
pronounced ;  and  thereupon  such  conviction  shall  be  void. 


Proceedinga 
thereon. 


§  28.  The  said  court  shall  enter  such  appeal  in  its  mi- 
nutes ;  and  shall  proceed  in  the  same  manner  as  if  no  such 
trial  had  been  had,  to  take  a  recognizance  from  the  accused, 
with  sufficient  surety,  to  appear  at  the  general  sessions  of 
the  said  city  and  county,  or  in  default  of  giving  such  recog- 
nizance, shall  commit  him  to  prison  ;  and  shall  take  the  same 
measures  to  insure  the  attendance  of  the  witnesses  in  behalf 


(13)  2  Rev.  Law3,  p.  507 


COURTS.  157 

of  the  prosecution,  at  the  said  court  of  general  sessions,  as 
in  other  cases. 

§  29.  The  court  of  general  sessions  shall  proceed  in  every    ibjd. 
such  case,  by  indictment  and  other  proceedings,  in  the  same 
manner  as  if  no  such  trial  or  conviction  had  been  had. 

§  30.  Every  trial  and  conviction  had  and  made  by  the  said  ^/S  '"^"**' 
court  of  special  sessions,  pursuant  to  the  provisions  of  this 
Article,  with  the  proceedings  previous  thereto,  shall  be  en- 
tered in  the  book  of  minutes,  to  be  kept  by  one  of  the  clerks 
of  the  police  office,  who  shall  have  been  required  to  attend 
the  said  court. 


Revised  Statutes,  Vol.  2,  ]).  223. 
TITLE    IT. 

OP  THE  COURTS  OF  SPECIAL  SESSIONS  OF  THE  PEACE. 

1.  By  whom  such  courts  may  be  held  in  New- York. 

2.  Sheriffs  to  execute  judgintnts,  &c. ;  how  autlienticated. 

§  1.  Courts  of  special  sessions  of  the  peace  mav  be  held,  in  ,^y  «'hom  to  be 

^  ^  f  .  '         held  miN.  York. 

and  for  the  city  and  county  of  New- York,  by  any  three  judges 
of  the  court  of  common  pleas  of  the  said  city  and  county,  of 
whom  the  first  judge  of  said  court,  the  mayor,  or  recorder  of 
said  city,  shall  always  be  one,  in  the  cases  and  for  the  pur- 
poses provided  by  law. (3) 

§  2.  The  judgments  and  orders  of  the  said  court  shall  be  howexSed*"*^' 
executed  by  the  sheriff  of  the  said  city  and  county,  by  virtue 
of  a  warrant  under  the  hand  and  seal  of  the  first  judge,  mayor> 
or  recorder,  who  presided,  or  of  the  persons  who  formed  such 
court.  (4)* 

(3)  Rev.  Laws,  vol.  2,  p.  504,  sect.  13,  p.  354,  sect.  41,  p.  503,  sect.  8.  (4)  Revised  / 

Laws,  vol.  2,  p.  505,  section  14. 

*  Courts  of  Special  Sessions  w«re  first  organized  by  an  act  passed  the  1st  of  September 
1744,  V.  S.  vol.  1,  p.  241:  the  act  recites,  that  whereas  not  only  several  disorderly  persons  in- 
habiting in  the  city  of  New- York,  but  many  vagrant  and  idle  persons  passing  through  the 
same,  from  the  neighboring  counties  and  colonies,  have  often  committed  divers  misdemean- 
ours, breaches  of  the  peace,  and  other  criminal  offences,  under  the  degree  of  grand  larceny, 
who  not  being  able  to  procure  bail,  to  appear  at  the  General  Quarter  Sessions  of  the  Peace, 


158  COURTS. 


COURTS— SUPERIOR. 

1.  Superior  Court  established. 

2.  Justices  of,  to  be  appointed  by  the  governor. 

3.  Terms  of,  to  be  monthly. 

4.  Adjournments. 

5.  Trial  of  causes  and  argument  of  motions. 

6.  Salaries  of  Judges. 
8, 9.  Seal  and  clerk. 

10.  Forms  of  process.  , 

11, 12.  Writs,  and  how  tested. 

13.  Restriction  on  power  of  the  court. 

14.  Writs  of  subpoena. 

15.  16, 17.  Order  for  removal  of  causes,  how  and  when  made. 

18.  Order  to  stay  proceedings. 

19.  Writs  of  error. 

20.  Fees  of  clerk. 

21.  Costs. 

22.  Judgments  to  be  a  lion. 

23.  Power  of  justices  at  chambers^ 

24.  Writs  of  certiorari,  where  and  how  issued. 

25.  Place  of  holding  court  may  be  removed. 

26.  Clerk  may  adjourn  court. 

27.  Transfer  of  actions. 

28.  Special  bail. 

29.  Actions  how  may  be  commenced. 

30.  Hearing  non-enumerated  motions. 

31.  Application  of  certain  provisions  of  revised  statutes. 

32.  Jurors. 

33.  Act  when  to  take  effect. 

AN  ACT  for  the  establishment  of  a  Superior  Court  of  Law  in 
the  City  of  New-York. 

Passed  March  31,  1828,  chap.  137,  p.  141. 

Name.  1.  §  1.  Thcrc  shall  be,  and  hereby  is  established,  within  the 

city  and  county  of  New-York,  a  court,  to  be  called  and  known 
by  the  name  of''  The  Superior  Court  of  the  city  of  New- York;" 
w^hich  court  shall  consist  of  a  chief  justice,  and  two  associate 
justices. 

then  next  to  be  held  for  the  said  city  and  county,  and  having  no  substance  of  their  own,  have 
been  a  great  expense  to  the  inhabitants  thereof  in  maiutaining  them  in  the  meanwhile  in 
jail,  while  at  the  same  time  tlicir  imprisonments  have  been  a  great  damage  to  many  of  their 
families,  who  wanted  their  labour  to  support  them ;  and  after  all  that  expense,  have  often 
found  means  to  escape  their  deserved  punishment,  and  declares,  that  any  person  or  persons 
who  shall  commit  any  otfence  under  the  degree  of  grand  larceny,  and  shall  not  within  forty- 
eight  hours  after  commitment  give  good  and  sufficient  bail  for  his  or  their  appearance  at  the 
•  next  court  of  general  quarter  sessions,  it  sJiall  be  lawful  for  the  mayor,  deputy  maj-or,  re- 
corder, and  aldermen,  or  any  three  of  them,  whereof  the  mayor,  deputy  mayor,  or  recorder, 
to  be  one,  forthwith  to  hear  and  determine,  and  to  give  judgment  against  such  offender  or  of- 
fenders, and  may  order  him  to  be  whipped,  or  if  not  an  inhabitant  may  send  him  out  of  the 
city.  And  by  an  act  passed  24th  March,  1601,'Kent  and  R ad.  vol.  1.  p.  302.,  an  act  was  passed 
authorizing  the  court  of  special  sessions  to  try  and  punish  persons  guilty  of  offences  under 
the  degree  of  grand  larceny,  and  to  inflict  a  punishment  by  fine  not  exceeding  twenty-five 
dollars,  and  a  confinement  not  exceeding  six  months  in  the  house  of  employment  or  Bride- 
well at  hard  laliour,  nr  at  any  other  employment,  within  any  part  of  the  said  city,  &c.  This 
act  wap  incorporated  in  the  revision  of  the  laws  of  1813,  vol.  2,  p.  507. 


COURTS. 

§  2.  The  said  chief  justice  and  the  two  associate  justices, 
shall  be  nominated  and  appointed  by  the  governor,  with  the 
consent  of  the  senate ;  and  all  vacancies  in  the  said  offices 
shall,  from  time  to  time,  be  supplied  in  like  manner.  The 
said  justices,  when  appointed,  shall  hold  their  offices  for  the 
term  of  five  years,  and  shall  be  subject  to  removal  in  like 
manner  as  judges  of  the  county  courts. 

§  3.  The  said  court  shall  be  held  at  the  city-hall  of  the  city 
of  New- York,  on  the  first  Monday  of  every  month ;  and  the 
terms  thereof  shall  respectively  be  called  after  the  different 
months  in  which  they  are  held,  and  they  may  be  continued 
and  held  from  the  time  of  their  commencement,  every  day, 
Sundays  excepted,  until  and  including  the  last  Saturday  of 
the  same  month. 


J  asticea. 


Terms. 


§  4.  The  judges  of  the  said  court  may  adjourn  the  same   Adjournments 
on  any  day  previous  to  the  expiration  of  the  term  for  which 
the  same  may  be  held,  and  also  from  any  one  day  in  term 
over  to  any  other  day  in  the  same  term,  if,  in  their  opinion, 
the  business  of  the  court  will  admit  thereof 


§  5.  The  said  court  shall  have  the  power  to  hear,  try,  and  Actions, 
determine  according  to  law,  all  local  actions  arising  within 
the  city  and  county  of  New- York,  and  all  transitory  actions, 
although  the  same  may  not  have  arisen  therein  ;  and  to  grant 
new  trials,  in  all  cases  where  the  said  court  shall  find  it  ne- 
cessary or  proper. 

§  6.  Either  of  the  judges  of  the  said  court  may  hold  the  causes  and  mo- 
same  for  the  trial  of  causes,  and  for  the  hearing  of  non-enu-  ^'*""' 
merated  motions  ;  but  all  cases  and  points  reserved  at  trials, 
bills  of  exceptions  and  demurrers  to  evidence,  motions  in  ar- 
rest of  judgment  and  issues  in  law,  shall  be  argued  or  sub- 
mitted in  the  said  court  before  a  majority  of  the  said  judges. 

§  7.  The  mayor,  aldermen  and  commonalty  of  the  city  of  salaries. 
New-York,  shall  pay  out  of  the  treasury  of  the  said  city,  to 
the  said  chief  justice,  and  to  each  of  the  said  associate  justi- 
ces, for  their  services  respectively,  the  sum  of  not  less  than 
two  thousand  dollars,  nor  more  than  four  thousand  dollars 
annually,  at  the  discretion  of  the  said  mayor,  aldermen,  and 


160  COURTS. 

commonalty,  the  same  to  be  paid  quarter  yearly,  in  equal 
proportions  ;  and  when  the  sajary  shall  be  once  fixed,  the 
same  shall  not  be  diminished  during  the  residue  of  the  term 
of  office  of  the  said  justices. 

Beai.  §  8.  The  said  court  shall  have  a  seal,  to  be  devised  by  the 

justices  thereof,  a  description  of  which  shall  be  deposited  in 
the  office  of  the  secretary  of  state,  signed  by  the  said  jus- 
tices, or  a  majority  of  them ;  and  such  seal  shall  then  be 
used  as  the  seal  of  the  said  court. 


Clerk. 


§  9.  The  said  justices  shall  appoint  a  clerk,  who  shall 
keep  his  office  at  the  city  hall  in  the  city  of  New-  York,  and 
attend  the  said  court,  and  officiate  as  clerk  thereof. 


Form  of  proceM.  §  10.  The  Said  court  shall  be  a  court  of  record,  and  the 
forms  of  process  and  proceedings  now  in  use  in  suits  brought 
in  the  court  of  common  pleas  for  the  city  and  county  of  New- 
York,  shall  be  used  in  the  said  court  hereby  established,  as 
near  as  may  be,  except  that  the  proper  title  of  the  court  shall 
be  inserted  therein ;  and  all  proceedings  in  the  said  court 
shall  be  had  before  the  same,  in  the  same  manner  as  they 
are  now  had  before  the  said  court  of  common  pleas,  except 
when  otherwise  directed  by  this  act,  and  subject  always  to 
such  alterations  as  may  be  made  therein,  by  such  rules  of 
practice  in  the  said  court  as  the  justices  thereof  may  from 
time  to  time  establish. 


Writs 


Teste, 


§  11.  All  writs  and  process  issuing  out  of  the  said  court, 
shall  be  under  the  seal  thereof,  and  signed  by  the  clerk,  and 
shall  be  tested  in  the  name  of  tlie  chief  justice,  and  shall  be 
made  returnable  "before  the  justices  of  the  superior  court  of 
the  city  of  New-Y^ork ;"  and  all  proceedings  in  the  said  court 
shall  be  stated  to  be  before  the  justices,  in  manner  afore- 
said ;  and  all  writs  directed  to  the  said  court,  shall  be  di- 
rected in  like  manner  to  the  said  justices. 

§  12.  All  process  issuing  out  of  the  said  court  shall  bear 
teste  of  one  term,  and  be  made  returnable  on  the  first  day 
of  the  term  next  thereafter ;  and  no  process  shall  be  tested 
and  made  returnable  during  the  same  term,  except  writs  of 
inquiry  of  damages   to  be  executed  out  of  court,  process 


COURTS.  -fel 

to  compel  the  attendance  of  witnesses,  and  writs  of  attach- 
ment and  habeas  corpus,  which  may  be  issued  and  made  re- 
turnable on  any  day  in  the  same  term,  wiien  required. 

§  13.  The  said  court  shall  have  no  power  to  send  any  pro-    Re«triction». 
cess  into  any  other  county  than  the  city  and  county  of  New- 
York,  except  in  the  cases  herein  after  specified. 

§  14.  Writs  of  subpa3na  issuinnr  out  of  the  said  court,  shall  Writaof  sab- 

'  ^  o  '      ^  poena. 

be  obligatory  upon  any  witness  duly  serv^ed  therewith  with- 
in this  state,  in  like  manner  as  if  such  writs  had  been  issued 
out  of  the  supreme  court ;  and  the  said  court  shall  have 
power  to  enforce  obedience  to  such  subpoena  by  attachment, 
to  be  directed  to  any  sherift'or  other  proper  officer  of  any 
county  in  this  state,  who  shall  be  subject  to  all  the  pains  and 
penalties  for  not  serving  or  returning  the  same,  in  like  man- 
ner as  if  the  same  had  issued  out  of  the  supreme  court ;  and 
the  like  process  and  proceedings  may  be  issued  and  had 
thereon  in  the  said  court,  as  are  usual  in  like  cases  in  the  su-- 
preme  court,  and  with  like  effect. 

6  15.  No    writ  of  lijibeas  corpus  or  certiorari  shall  be  order  for  femot- 

^  I  ^  al  of  C«U8C8. 

allow^ed,  whereby  any  cause  or  proceeding  may  be  removed 
before  a  final  judgment  in  such  cause,  or  before  a  final  de- 
cision in  such  proceeding,  froni  the  said  superior  court  into 
the  supreme  court  of  this  state ;  but  the  supreme  court  shall 
have  the  authority  to  make  an  order  to  remove  into  the  said 
supreme  court,  any  transitory  action  pending  in  the  sdd 
superior  court,  in  which  the  trial  ought  to  be  had  elsewhere 
than  in  the  city  and  county  of  New- York. 

§  16.  Such  order  for  the  removal  of  a  cause  shall  be  made  when  and  ho# 
in  the  supreme  court,  upon  motion,  under  the  like  circum-  "^^^^' 
stances  and  in  the  like  cases  in  which,  if  the  action  w^ere  pend- 
ing in  the  supreme,  court,  that  court  w^ould  order  the  venue 
to  be  changed  from  the  city  and  county  of  New- York  to 
some  other  county,  and  in  no  other  cases. 

§  17.  Upon  filing  a  certified  copy  of  such  order  in  the  of-  copy  of  order  to 
fice  of  the  clerk  of  the  superior  court,  such  cause  shall  be 
deemed  to  be  removed  into  the  supreme  coiu't,  which  shall 
proceed  therein  as  if  the  same  had  originally  been  brought 

21 


IW  COURTS. 

there ;  and  the  clerk  of  the  said  i^uperior  court  shall  forthwith 
deliver  to  the  clerk  of  the  supreme  court,  all  process  and 
proceedings  relating  to  said  cause,  to  be  filed  in  the  office  of 
the  clerk  of  the  supreme  court  in  the  city  of  New- York. 

Order  to  Bieyp»-      §  18.  Any  judge  of  the  supreme  court,  or  any  officer  au- 
***^  "**'  thorized  to  perform  the  duties  of  a  judge  of  the  supreme 

court  at  chambers,  shall  have  power,  on  due  cause  shown, 
to  make  orders  to  stay  proceedings  in  any  cause  pending  in 
the  said  superior  court,  for  the  purpose  of  affijrding  an  op- 
portunity to  make  the  application  to  the  supreme  court,  for 
a  change  of  venue  aforesaid ;  and  such  order  may  be  revok- 
ed, in  the  discretion  of  the  officer  granting  the  same. 

Wrttt  of  mor.  §  19,  All  writs  of  error  upon  judgments  in  the  »aid  su- 
perior court,  shall  be  made  returnable  before  the  supreme 
court  of  this  state ;  and  all  the  provisions  of  any  act  con- 
cerning the  examination  and  correction  of  the  errors  of  the 
courts  of  common  pleas,  shall  apply  to  the  said  superior 
court,  and  to  the  judgments  and  proceedings  in  the  said  su- 
perior court  so  to  be  removed  by  writ  of  error  ;  except  that 
in  no  caseshall  a  writ  of  error  issue,  unless  upon  a  certifi- 
cate of  council,  as  is  or  may  be  provided  for  by  law  with 
respect  to  the  issuing  of  writs  of  error  on  judgments  of  the 
supreme  court. 

peweftheeierk.  §  20.  There  shall  be  paid  to  the  clerk  of  the  court  hereby 
established,  at  the  time  of  issuing  the  first  writ  in  every  suit 
commenced  in  the  said  court,  the  sum  of  seventy-five  cents 
as  a  first  motion  fee  ;  and  for  every  cause  noticed  for  trial 
at  any  term  of  the  said  court,  there  shall  also  be  paid  to  the 
clerk,  by  the  party  noticing  such  cause  for  trial,  at  the  time 
of  putting  the  same  on  the  calendar,  the  sum  of  one  dollar 
and  fifty  cents,  as  a  judge's  trial  fee,  the  said  fee  not  to  be 
paid  more  than  once  in  any  cause ;  and  the  above  fee  shall  be 
received  by  the  clerk  of  said  court,  and  be  by  him  accounted 
for  and  paid  into  the  city  treasury. 

Coati.  §  21.  All  the  existing  provisions  of  law,  and  all  such  as 
shall  hereafter  be  adopted  relating  to  costs  in  the  supreme 
court,  and  the  fees  of  the  officers  thereof,  and  the  fees  of  of- 
ficers of  circuit  courts,  .shall  apply  to  the  court  hereby  es- 
tablighed,  and  its  officers. 


COURTS.  IM 

§  22.  Every  judgment  recovered  in  the  said  court  hereby  luifaMti. 
established,  and  docketed  of  record  therein  in  the  manner 
prescribed  by  law,  shall  from  the  time  of  such  docketing,  be 
a  lien  upon  all  the  lands  and  tenements  of  every  person 
against  wrhom  such  judgment  shall  have  been  obtained,  situ- 
ated within  the  city  and  county  of  New- York,  and  in  the 
same  manner,  and  to  the  same  extent,  as  if  such  judgment 
had  been  rendered  and  docketed  in  the  court  of  common 
pleas  of  the  city  and  county  of  New-York. 

§  23.  The  chief  justice,  and  each  of  the  associate  justices  powtrf  of  ju»- 
of  the  said  court,  may  exercise  all  the  powers  and  authority 
incident  to  their  offices  at  chambers,  touching  any  suit,  judg- 
ment or  proceeding  in  the  said  court ;  and  it  shall  be  the 
duty  of  at  least  one  of  them  to  attend  daily,  at  all  season- 
able hours,  in  the  office  to  be  provided  for  them  by  the  said 
mayor,  aldermen  and  commonalty,  for  the  despatch  of  cham- 
ber business  ;  and  the  said  justices  and  each  of  them  shall 
moreover  be,  and  they  are  hereby  authorized  to  perform  all 
the  duties  which  the  justices  of  the  supreme  court  out  of  term 
are  authorized  to  do  and  perform,  by  any  statute  of  this  state. 

§  24.  All  writs  of  certiorari  to  the  justices  of  the  marine  wHuof  e«rti». 
court  of  the  city  of  New- York,  and  to  the  assistant  justices  '*'^' 
of  the  said  city,  or  either  of  them,  shall  issue  out  of  the  said 
superior  court,  and  be  returnable  therein,  in  the  same  man- 
ner, and  for  the  like  purposes,  as  such  writs  are  now  issued 
out  of  the  supreme  court  of  this  state,  and  under  the  same  re- 
gulations and  restrictions  as  are  now  prescribed  bylaw;  and 
after  the  return  of  such  writs  into  the  said  court,  judgment 
shall  be  given  on  an  issue  joined  in  the  usual  form,  upon  writ- 
ten arguments  of  counsel,  if  the  parties  shall  think  fit,  or  by 
submission  without  argument ;  and  in  no  such  case  shall  an 
argument  be  heard  at  bar,  unless  the  said  court  shall,  by 
reason  of  the  importance  of  the  question  of  law  involved 
therein,  direct  an  argument  at  bar.  And  from  and  after  the 
time  when  the  justices  of  the  said  superior  court  to  be  ap- 
pointed under  this  act,  shall  enter  upon  the  duties  of  their  of- 
fice, it  shall  not  be  lawful  for  any  writ  of  certiorari  to  the  jus^ 
tices  of  the  marine  court  and  assistant  justices  aforesaid,  to 
issue  out  of,  or  to  be  returnable  in  the  said  supreme  court  of 
this  state. 


k 


-164  COURTS. 

V 

4  Place  of  hoidiiij     §  25.  In  case  of  the  prevalence  of  any  pestilence  or  pub- 
court  may  be  re  .  *■  "    ^  ^ 
moved.            he  calamity  in  the  city  of  New- York,  or  in  case  any  other 

cause  should  render  it  necessary,  the  mayor,  or  in  his  absence 
or  sickness,  the  recorder  of  the  said  city,  by  proclama- 
tion under  his  hand,  to  be  published  in  two  or  more  of 
the  newspapers  -printed  in  the  said  city,  may  direct  the 
holding  of  the  said  court  by  this  act  established,  at  such 
place  within  the  city  and  county  of  New- York,  other  than 
the  city  hall,  as  may  be  considered  most  safe  and  proper  for 
such  purpose. 

Clerk  may  ad-      §  26.  In  casc  Said  court  shall  not  be  formed  at  any  time, 
^  ^^  by  reason  of  the  non-attendance  of  all  or  any  of  the  jus- 

tices thereof,  either  at  the  usual  place  of  holding  the  same, 
or  at  such  other  place  as  shall  be  directed  by  the  proclama- 
tion of  the  mayor  or  recorder  in  the  cases  herein  provided 
for,  it  shall  then  be  lawful  for  the  clerk  of  the  said  court  to 
adjourn  the  same  from  day  to  day,  or  until  the  next  term, 
and  all  process  and  other  proceedings  shall  be  continued 
over  accordingly. 

tiTS"'^'''^^'^*  §  27.  The  supreme  court  of  this  state  shall,  on  the  consent 
of  both  parties,  order  and  direct  that  any  action  or  proceed- 
ing of  a  civil  nature  pending  in  the  said  supreme  court,  the 
venue  whereof  is  laid  in  the  city  and  county  of  New- York, 
and  in  which  no  verdict  shall  have  passed,  or  plea  to  the 
merits  have  been  decided,  be  transferred  and  continued  over 
to  the  said  superior  court  hereby  established ;  and  such  ac- 
tion or  proceeding  shall  then  be  proceeded  in  with  the  like 
effect,  and  in  the  same  manner,  as  if  originally  had  or  com- 
menced therein.  And  the  supreme  court  shall  possess  all 
the  necessary  powers  for  the  removal  of  all  papers  and  files 
relating  to  such  action  or  proceedings  to  the  said  superior 
court ;  but  nothing  herein  contained  shall  be  construed  to  in- 
validate any  bond  or  recognizance  made  or  entered  into  in 
any  action  that  may  be  so  removed,  but  the  same  shall  con- 
tinue of  as  much  validity  as  though  this  act  had  not  been 
passed.  And  where  bail  has  been  given  in  any  such  suit,  the 
surrender  of  the  defendant  in  the  said  superior  court  shall 
have  the  like  effect  as  a  surrender  in  the  said  supreme  court 
^vould  have  had,  if  this  act  had  not  been  passed. 


COURTS.  105 

§  28.  It  shall  be  lawful  for  the  defendant  in  any  action  in    special  baii. 
the  said  superior  court  to  enter  special  bail,  and  to  surrender 
himself,  in  the  same  manner  and  before  the  same  officers,  as 
if  he  had  been  arrested  by  process  from  the  supreme  court. 

§  29,  All  suits  upon,  recognizance  of  bail,  taken  in  such    brough^J^ 
court,  shall  be  brought  in  the  same  manner  as  if  the  action 
had  been  commenced  in  the  supreme  court. 


CHAP.  XXIV. 

AN  ACT  relative  to  the  Superior  Court  and  General  Sessions 
of  the  City  of  New-York, 

Passed  February  8.  1830.  p.  18. 

The  People  of  the  State  of  New -Fork,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

29.  §  1.  The  provisions  of  the  first  and  second  sections  of  b^Jirmenc^.'** 
the  first  title  of  the  sixth  chapter  of  the  third  part  of  the  Re- 
vised Statutes  shall  apply  to  the  superior  court  of  the  city  of 

New- York ;  but  this  section  shall  not  be  so  construed  as  to 
authorize  the  commencement  of  a  suit  by  the  service  of  a  de- 
claration on  any  person  residing  out  of  the  city  and  county 
of  New- York, 

30.  §  2,  All  the  powers  relative 'to  the  hearing  of  non-enu-  ^^^ "^°lt  "d  "",11: 
merated  motions,  which,  by  the  sixth  section  of  the  act  lor  ^'^•"^• 

the  establishment  of  the  said  superior  court,  passed  March 
31st,  1828,  are  vested  in  a  single  judge  of  the  said  court,  may 
be  exercised  by  such  judge  at  chambers,  under  such  rules  and 
regulations  as  the  said  court  may  establish. 

31.  §  3.  The  provisions  of  the  twenty-first,  twenty-second,  voi.2,p.i99. 
twenty-third,  twenty-fourth,  twenty-fifth,  twenty-sixth,  and 
twenty-seventh  sections  of  the  third  title  of  the  first  chapter 

of  the  third  part  of  the  Revised  Statutes,  shall  apply  to  the 
said  superior  court  and  the  judges  thereof. 

32.  §  4.  It  shall  be  the  duty  of  the  clerk  of  the  city  and    j.uora. 
county  of  New- York  to  draw  the  names  of  not  exceeding 
eighty-four  instead  of  thirty-six  persons,  to  serve  as  jurors  in 


I 


166 


DEAF  AND  DUMB. 


Act  when  toUkt 
•fleet. 


the  said  superior  court  and  court  of  general  sessions  respec- 
tively, according  to  the  provisions  of  the  twenty-fourth  sec- 
tion of  article  second,  title  fourth,  chapter  seventh,  of  the  third 
part  of  the  Revised  Statutes. 

33.  §  5.  This  act  shall  be  in  force  and  take  effect  imme- 
diately upon  the  passage  thereof. 


DEAF  AND  DriflB. 

1.  The  New- York  Institution  for  the  Instruction  of  the  Deaf  ad4  Dumb  create4. 

2.  Officers  to  be  elected,  and  tenure  of  office, 

3.  First  officers  and  directors. 

4.  Power  to  make  by-laws. 

5.  Period  of  limitation  of  the  corporation. 

6.  Declared  a  public  act. 

7.  Admission  of  indigent  deaf  and  dumb. 

8.  Provision  as  to  those  already  received. 

9.  Public  notice  of  the  number  of  vacancies  to  be  given  annually. 

10.  Certificate  required  to  entitle  persons  to  admission. 

11.  Indigent  pupils  to  be  provided  with  board. 

12.  Power  of  supervisors  in  certain  cases.  %   '^ 
13, 14.  Duration  and  extension  of  acts.        24.  Further  extension. 

15.  Powers  of  directors.  18.  Further  powers. 

16.  Term  of  education  may  be  extended. 

17.  Appropriation  and  application  of  ten  thousand  dollars. 
19.  Vacancies  how  filled. 

90,  SI.  Additional  pupils  to  be  received,  and  the  expense  of  pupils. 

22.  Share  of  the  literature  fund. 

33.  Return  of  pupils  to  be  made. 

96.  Central  Asylum. 

S7.  Subject  to  visitation,  and  duties  of  superintendent. 

AN  ACT  to  incorporate  the  members  of  tlie  New-York  Insti- 
tution for  the  Instruction  of  the  Deaf  and  Dumb. 

Passed  April  15,  1817.  chap.  264,  p.  306. 

Preamble,  Whkreas  by  a  petition  presented  to  the  legislature  from 
certain  inhabitants  of  the  city  of  New- York,  it  is  represent- 
ed, that  they,  together  with  their  associates,  have  formed  an 
institution  for  the  purpose  of  affording  the  necessary  means 
of  instruction  to  the  deaf  and  dumb,  and  also,  to  provide  for 
the  support  and  maintenance  of  those  in  that  condition,  whose 
parents  are  unable  to  maintain  them  during  their  course  of 
tuition:  Therefore, 


CorporatioB 
created. 


1.  §  1.  Be  it  enacted  by  the  People  of  the  State  of  New-York^ 
represented  in  Senate  and  Assemblyy  That  all  such  persons  ai 


DEAF  AND  DUMB.  167 

now  are^  of  hereafter  may  become  members  of  the  said  in- 
stitution, shall  be,  and  are  hereby  ordained,  constituted,  and 
appointed,  a  body  corporate  and  politic,  in  fact  and  in  name, 
by  the  name  of  "  The  New- York  Institution  for  the  Instruc- 
tion of  the  Deaf  and  Dumb,"  and  by  that  name  they  and  their 
successors  shall  and  may  have  succession,  and  shall  be  in 
law  capable  of  suing  and  being  sued,  pleading  and  being  im^ 
pleaded,  defending  and  being  defended,  in  all  courts  and  places 
whatsoever,  in  all  manner  of  action  and  actions,  suits,  matters, 
complaints  and  causes  whatsoever ;  and  that  they  and  their 
successors  have  and  use  a  common  seal,  and  may  change  and 
alter  the  same  at  their  pleasure  ;  and  also,  they  and  their  suc- 
cessors, by  the  name  and  style  of  "  The  New- York  Institu- 
tion for  the  Instruction  of  the  Deaf  and  Dumb,"  shall  be  ca- 
pable in  law  of  purchasing,  holding,  and  conveying  any  real 
and  personal  estate  for  the  purposes  of  this  incorporation, 
and  none  other,  which  at  any  time  shall  not  exceed  the  annual 
income  of  five  thousand  dollars. 

2.  §  2.  And  he  it  further  enacted,  That  for  the  better  carfy^  eSJtcd"  *'  ^ 
ing  into  effect  the  objects  of  the  said  incorporation,  there  shall 

be  a  president,  two  vice-presidents,  a  treasurer,  and  a  secre- 
tary, who  with  twenty  other  members  shall  constitute  a  board 
of  directors,  and  shall  have  power  to  manage  all  its  affairs ; 
the  officers  and  other  directors  shall  be  elected  by  ballot,  at 
an  annual  meeting  of  the  members,  to  hold  their  office  for 
one  year,  or  until  others  be  elected  in  their  room,  and  that 
such  election  shall  be  held  at  such  times  and  places  as  the 
said  corporation  shall  by  their  by-laws  fronj  time  to  time  ap- 
point and  direct,  and  that  the  aforesaid  officers  shall  be  elect- 
ed by  ballot,  by  a  majority  of  the  members  present  at  such 
election,  and  in  case  of  any  vacancy  or  vacancies  in  either 
of  the  said  offices,  by  death,  resignation,  or  otherwise,  the 
said  board  of  directors  shall  have  power  to  fill  such  vacancy 
or  vacancies  until  the  next  annual  election :  of  the  directors, 
at  least  two-thirds  shall  be  residents  of  the  city  and  county 
of  New- York,  and  seven  shall  constitute  a  quorum. 

3.  §  3.  And  he  it  further  enacted,  That  the  following  persons    Direetore. 
shall  be  the  first  officers  and  directors  :  De  Witt  Clinton,  pre- 
sident, Richard  Varick^  first  vice-president,  John  Ferguson, 
second  vice-president,  John  Slidell,  treasurer,  John  B.  Scott, 


168  DEAF  AND  DUMB. 

secretary,  and  Henry  Rutgers,  Alexander  M'Leod,  John 
Stanford,  John  Murray,  junior,  Henry  T.  Feltus,  James  L. 
Bell,  Bishop  Connolly,  Henry  Wheaton,  Jonas  Mapes,  Peter 
Sharpe,  Samuel  Ackerly,  Silvanus  Miller,  William  L.  Rose, 
Gurdon  S.  Mumford,  Benjamin  A.  Ackerly,  Silvester  Dear- 
ing,  James  Thompson,  Robert  Troup,  Solomon  Southwick, 
and  James  Emott,  directors. 

Power  to  make      4.  §  4.  And  he  it  further  enacted,    That  the  said  board  of 
y-^^^-  directors  shall  have  power  to  make  such  by-laws  as  may 

from  time  to  time  be  necessary,  relative  to  the  management,, 
disposition  of  the  estate  and  concerns  of  the  said  corporation, 
and  the  regulation  of  the  persons  exercising  the  offices  afore- 
said, not  contrary  to  law^,  and  may  appoint  such  other  agents^ 
and  servants  as  they  deem  necessary  to  transact  the  busi- 
ness of  the  said  corporation,  and  designate  their  duties. 

5.  §  5.  And  he  it  further  enacted.  That  this  act  shall  con- 
tinue and  be  in  force  until  the  first  day  of  April,  in  the  year 
one  thousand  eight  hundred  and  thirty-seven  r^  Provided  aU 
ways,  That  if  the  said  corporation  shall  apply  their,  or  any 
of  their  funds,  to  any  other  purposes  than  those  contemplated 
by  this  act,  that  then  the  said  corporation  shall  cease  and 
determine,  and  the  estate  real  and  personal  thereof  shall  be 
forfeited  to  and  vested  in  the  people  of  this  state. 

becifkrea  a  pub-       ^*  §  ^'  ^^^^^  ^^^  ^^  further  enacted,  That  this  act  be  and  is 
lie  act.  hereby  declared  a  public  act,  and  that  the  same  be  constru- 

ed in  all  courts  and  places  benignly  and  favorably,  for  every 
humane  and  benevolent  purpose. 


AN  ACT  to  provide  for  the  Instruction  of  ike  Indigent  Deaf 
and  Dumb  within  this  state. 

Passed  April  16,  1822.  Chap.  234,  p.  24=?. 

i^reAmbie.  Whereas  there  are  within  this  stalte",  many  indigent  deaf 

and  dumb  persons  :  And  whereas  there  is  in  the  city  of  New- 
York,  an  institution,  established  for  the  instruction  of  the 
deaf  and  dumb,  and  now  in  successful  operation  :  Therefore, 
Admission  of  in-       7.  §  1.  Be  it  enacted  hi/ the  People  of  the  State  of  New-York, 
dumb.  represented  in  Senate  and  Assembly,    That  every  indigent 


DEAF  AND  DUMB.  169 

deaf  and  dumb  person,  between  ten  and  twenty-five  years  of 
age,  whose  parent  or  parents,  or  nearest  friend,  may  be  resi- 
dents of  this  state,  and  who  may  make  application  for  that 
purpose,  shall,  until  provision  be  made  by  law  for  their  in- 
struction in  some  other  institution  or  school,  be  received  in- 
to the  New- York  institution  for  the  instruction  of  the  deaf 
and  dumb,  in  the  manner  hereinafter  mentioned,  and  be  pro- 
vided with  board  and  tuition  by  the  directors  of  the  said  in- 
stitution, until  each  senate  district,  under  the  constitution  re- 
cently adopted,  shall  have  sent  four  pupib. 

8.  ^-  2.    And  be  it  further  enacted,  That  the  indisrcnt  deaf  Provisiona  as  tor 

"  I,      ,  •  1  •         •        •  1     n  1       i^'^'^c-  already  re- 

and  dumb  now  in  the  asylum  of  the  said  mstitution  shall  be  ceivcd,  &c. 
included  as  part  of  the  aforesaid  number ;  and  that  the  term 
of  instruction  shall  not  exceed  three  years  for  those  who  are 
supported  at  the  expense  of  the  state  ;  and  the  term  of  the 
present  pupils  shall  be  considered  as  having  commenced  a£ 
the  time  when  they  were  received  into  the  asylum  as  charity 
pupils  ;  but  nothing  in  this  section  shall  be  construed  to  war- 
rant the  retaining,  at  the  expense  of  the  state,  more  than 
thirty-two  indigent  pupils. 

9.  §  3.  And  he  it  further  enacted,  That,  once  in  every  year  Public  notice  to- 
the  directors  of  the  said  institution  shall  cause  public  notice 

to  be  given  in  at  least  two  public  newspapers,  if  there  be  two 
in  each  senate  district,  of  the  number  of  vacancies  which  ex- 
ist or  are  expected  to  exist  therein,  during  the  then  coming 
year ;  and  no  selection  of  pupils  shall  be  made  till  sixty  days 
after  such  notice. 

10.  §•  4,  And  he  it  further  enacted,  That  whenever  the  parent,  roifificatc  ipan  ? 
guardian,  or  nearest  friend  of  a  deaf  and  dumb  person,  is  de-  Bons*to^a(Jmi8«^yB» 
&irous  to  have  him  or  her  instructed,  applicati-on  shall  be  made 

to  the  overseers  of  the  poor  of  the  town  wherein  such  deaf 
and  dum'b  person  shall  reside,  who  shall  certify  to  the  inability 
of  the  parent,  parents,  or  guardian  to  pay  for  his  or  her  board 
and  tuition  ;  which  certificate  being  produced,  shall  authorize 
the  directors  of  the  institution  aforesaid,  to  receive  such  deaf 
and  dumb  person  as  a  pupil ;  and  in  case  the  parent,  parents, 
or  guardian,  have  the  ability  to  pay  any  portion  of  the  board 
and  tuition  of  a  deaf  and  dumb  pupil,  then  the  overseers  of 
the  poor  of  the  town  shall  certify  and  state  the  amount ;  and 

22 


170  DEAF  AND  DUMB. 

the  balance  only  shall  be  defrayed  from  the  fund  appropri- 
ated for  the  indigent  deaf  and  dumb. 

to"bfTro^v"ided      1 1.  §  5.  And  be  it  further  enacted,  That  each  indigent  pupil 
with  board,  &c.  gQ  received  into  the  institution  aforesaid,  sWl  be  provided 
with  board,  lodging,  and  tuition ;  and  the  directors  of  the 
said  institution  shall  receive  for  each  pupil  so  provided  for, 
the  sum  of  one  hundred  and  fifty  dollars  per  annum,  in  quar- 
terly payments,  to  be  paid  by  the  treasurer  of  the  state,  on 
the  warrant  of  the  comptroller,  to  the  treasurer  of  the  said 
institution,  on  his  presenting  a  bill  of  the  actual  time  and  num- 
ber of  indigent  pupils  attending  the  school,  and  which  bill 
shall  be  signed  and  certified  by  the  president  and  secretary 
of  the  institution ;  and  a  like  bill  shall  be  made  out,  of  the 
time  and  number  of  those  who  are  enabled  to  pay  a  part  of 
.  the  expenses  of  board  and  tuition,  at  the  rate  of  one  hundred 
and  fifty  dollars  per  annum,  the  balance  of  which  only  shall 
V  be  charged  and  paid  in  like  manner  as  for  indigent  pupils  ; 

and  the  same  shall  be  paid  out  of  any  monies  in  the  treasury 
not  otherwise  appropriated. 


Power  of  ?uper-      12.  §  6.  And  be  it  further  enacted,  That  if  after  the  above 

visors  in  certain  *^ 

cases.  number  of  indigent  deaf  and  dumlj  shall  have  been  sent  from 

any  senate  district,  there  shall  still  remain  therein  any  other 
fit  objects  of  the  same  charity,  it  shall  be  lawful  for  the  super- 
visors of  any  county  in  such  district,  in  their  discretion,  to 
select  and  send  from  such  county,  to  the  institution  aforesaid, 
or  such  other  as  may  be  hereafter  by  law  directed,  any  indi- 
gent deaf  and  duml?  person,  within  the  ages  above  prescrib- 
ed, who  shall  be  received  on  the  same  terms  as  those  sup- 
ported at  the  expense  of  the  state  ;  and  it  shall  be  lawful  for 
such  supervisors  to  add  a  sum  of  money  suflicient  to  meet 
the  expense  of  supporting  and  educating  such  persons,  toge- 
ther with  the  necessary  expenses  of  travelling  to  and  from 
the  institution,  to  the  sums  which  are  raised  and  levied  with- 
in their  county,  according  to  the  sixth  section  of  the  act  for 
the  support  of  common  schools  ;  such  sum  to  be  raised  and  , 
collected  in  the  manner  directed  for  the  raising  and  collect- 
ing of  school  money  in  the  said  sixth  section  of  the  act  afore- 

„uty  of  collectors  Said ;  and  it  shall  thereupon  be  the  duty  of  the  collectors  of 
the  several  towns  to  pay  over  such  additional  sum  to  the 
treasurer  of  the  county,  whose  duly  it  shall  be  to  pay  over 


DEAF  AND  DUMB.  171 

the  same  to  the  treasurer  of  the  institution  whereat  such  deaf 
and  dumb  pupils  are  educated,  in  the  same  manner,  and  on 
the  same  certidcate,  as  is.in  the  fifth  section  of  this  act  direct- 
ed, with  respect  to  the  payments  made  by  the  treasurer  of 
this  state :  Provided  always,  That  the  whole  additional  sum  Proviso, 
so  levied  and  raised  for  the  purpose  of  this  charity,  upon  any 
county  in  any  one  year,  shall  not  exceed  one  hundred  and  fifty 
dollars  for  every  member  of  assembly  to  w^hich  such  county 
shall  be  entitled. 

13.  §  7.  And  he  it  further  enacted,  That  this  act  shall  con-  Duration  of  act. 
tinue  in  force  for  four  years,  and  no  longer. 


AN  ACT  extending  and  supplementary  to  certain  acts  pro- 
.    vidingfor  the  Indigent  Deaf  and  Dumb  within  this  state. 

Passed  April  15,  1825.  chap.  16G,  p  262. 

14.  ^  1.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  Act  extended  five 
represented  in  Senate  and  Assembly,  That  ^e  act  entitled  "  an 

act  for  the  instruction  of  the  indigent  deaf  and  dumb  within  this  JJ"  y  • 'J^  ^J^^(-^l' 
state,"  passed  April  the  KHh,  one  thousand  eight  hundred  and 
twenty-two,  shall  be,  and  the  same  is  hereby  extended  for  the 
term  of  five  years  from  and  after  the  first  day  of  May,  in  the 
year  eighteen  hundred  and  twenty-six ;  and  that  all  and  sin- 
gular the  provisions  and  rights  therein  contained,  and  the 
regulations  therein  directed,  shall  be  required  to  be  observ- 
ed, kept  and  performed,  saving  and  excepting  such  parts 
thereof  as  are  hereby  and  herein  altered  or  amended. 

15.  §  2.  And  be  it  further  enacted,  That  whenever  and  as  Powers  of  direc- 
often  as  there  shall  have  been  notice  given  in  all  or  any  one 

of  the  senatorial  districts  of  this  state,  for  any  vacancy  or 
vacancies  of  scholars  for  said  institution,  in  any  district  or 
districts,  and  no  pupil  or  pupils,  scholar  or  scholars,  shall 
apply  for  the  purpose  of  filling  such  vacancy,  it  shall  and  may 
be  lawful  for  the  directors  of  the  said  institution  to  take  in  a 
scholar  from  any  other  district,  to  fill  such  vacancy  or  vacan- 
cies, in  the  same  manner  and  on  the  same  terms  as  if  the  > 
scholar  so  received  and  selected  had  have  come  from  the 
district  where  such  vacancy  or  vacancies  may  have  occurred. 


172  DEAF  AND,  DUMB. 

Term  extended.  16.  §  3.  And  be  it  further  enacted,  That  the  term  of  the 
scholars  for  an  education  at  th,e  institution  aforesaid,  shall 
and  may  be  extended  to  four  years  ;^t  the  expiration  of  which 
term  of  time,  and  after  the  same  is  fully  ended,  such  scholar 
shall  cease  to  be  educated  and  maintained  as  provided  by  the 
act  aforesaid. 


AN  ACT  to  provide  for  the  Building  an  Asijlitmfor  the  Deaf 
Dumb  171  the  city  of  New-York. 

Passed  March  13,  1827,  chap.  97,  p  7G. 

Tea  thousami      17.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-Yorh, 

dollarj  iiiipropii-  .      ,     •        ci  i      i  i  7         mi  1  r 

ajed  represented  in  oeiiate  and  Assembly,    lliat  the  sum  oi  ten 

thousand  dollars  be  and  the  same  is  hereby  appropriated  for 
the  erection  of  an  asylum  for  the  deaf  and  dumb,  to  be 
located  in  the  city  of  New- York,  or  in  the  village  of  Brook- 

Providetithe  di-  lyn,  in  Kin^s  couuty  *.  Provided,   The  directors  of  the  insti- 

rectors    raise    a*^.  iifii         t-  •/'t^t 

like  sura.  tution  lor  the  deal  and  dumb  m  the  city  of  New- York,  raise 

the  same  amount,  for  the  same  purpose  ;  and  whenever  evi- 
dence is  given  to  the  comptroller  of  the  state,  that  the  like 
amount  of  ten  th(ftsand  dollars  is  raised  and  deposited  in 
some  bank,  applicable  to  the  purposes  aforesaid,  then  it  shall 
be  lawful  for  the  directors  of  the  "  New- York  institution  for 
the  Instruction  of  the  Deaf  and  Dumb,"  by  their  treasurer  for 
the  tiine  being,  to  draw  upon  the  comptroller  of  the  state  for 
ten  thousand  dollars,  which  sum,  together  with  ten  thousand 
dollars  raised  as  aforesaid,  shall  be  applied  by  the  directors  of 

How  applied,  the  institution,  for  the  purpose  of  obtaining  a  piece  of  ground 
by  purchase  or  leas.e,  and  the  erection  thereon  of  a  building  or 
buildings  for  an  asylum,  and  workshops  for  the  deaf  and 

Further  proviso,  dumb  :  And  provided  further,  That  the  directors  of  the  said 
institution  shall  account  to  the  comptroller  for  the  expendi- 
ture of  the  sum  hereby  appropriated,  and  of  the  sum  to  be 
raised  by  the  said  directors ;  and  that  the  price  of  the  ground 
to  be  pvirchased,  and  the  plan  of  the  buildings  to  be  efected, 
shall  be  submitted  to  the  superintendent  of  common  schools, 
and  be  by  him  approved,  before  the  said  sum  of  money  shall 
be  drawn  from  the  treasury. 

§  2.  This  section  repealed  by  the  repealing  act  of  Decem- 
ber 10th,  1828,  Revised  Statutes,  vol.  3,  p.  129, 


DEAF  AND  DUMB.  173 

18.  f  3.  And  be  it  further  enacted,  That  the  directors  of  the  o?  dfrmS?*/"^^ 
said  institution  shall  have  power,  in  their  discretion,  to  re- 
tain therein  any  of  the  pupils  now  authorized  to  be  received 

by  them,  not  exceeding  eight  at  any  one  time,  for  a  period 
not  exceeding  two  years  beyond  the  time  now  allowed  by 
law,  and  that  the  expense  of  such  pupils,  not  exceeding 
one  hundred  and  fifty  dollars  per  annum  for  each,  shall 
be  paid  in  the  same  manner  as  is  prescribed  by  law  for  the 
indigent  pupils  in  the  said  institution. 

19.  6  4.  And  be  it  further  enacted,  That  whenever  notice  Vacancy  in  pu- 

■*  ♦^  '        ■  ^  pjls  from  senate 

shall  be  given  of  any  vacancy  among  the  pupils,  which  any  dj^stnct  iiow  liii- 

senate  district  is  entitled  to  supply,  and  such  vacancy  shall 

not  be  filled  within  two  months  after  such  notice,  it  shall 

and  may  be  lawful  for  the  directors  of  the  said  institution 

to  receiye  pupils  from  any  other  district  to  fdl  such  vacancy 

during  the  then  current  year,  but  for  no  longer  time. 


AN  ACT  to  amend  an  act,  entitled  ^^  An  act  extending  and 
supplementary  to  certain  acts  providing  for  the  indigent 
Deaf  and  Dumb  within  this  state,'"  passed  \5th  April,  1825, 
and  for  other  purposes. 

Passed  April  15,  1830,  chap.  170,  p.  185. 

20.  §  1.  The  directors  of  the  New- York  institution  for  the  Additional  pupus 
instruction  of  the  deaf  and  dumb,  are  hereby  authorized  to 

receive  from  each  senate  district  of  this  state,  three  indigent 
pupils,  in  addition  to  the  number  now  provided  for  by  law  ; 
the  pupils  to  be  known  and  designated  as  state  pupils,  and  to 
be  received  and  retained  in  the  said  institution  for  five  years, 
subject  to  the  supervision  of  the  superintendent  of  comm'on 
schools. 

21.  §  2.  The  yearly  expense  to  be  paid  out  of  the  treasury.      Expanse. 
for  the  support  of  the  said  pupils,  shall  not  exceed  the  sum 

of  one  hundred  and  thirty  dollars  for  each  pupil. 

22.  §  3.  This  institution  shall  be  entitled  to  a  distributive    si,arp  of  litera- 
share  of  the  income  of  the  literature  fund,  in  the  same  man-  ^'"*^  ^""**' 

ner  as  the  academies  in  the  first  district  now  are  ;  but  the 
distribution  shall  be  made  in  proportion  to  the  whole  number 


\ 


174  DEAF  AND  DUMB. 

of  pupils  instructed  during  the  preceding  year  in  said  in- 
stitution. 

Return  of  pupils  23.  §  4.  Tiic  dircctors  of  the  said  institution  shall  make  a 
return  of  the  number  of  pupils,  to  the  regents  of  the  univer- 
sity, annually  in  the  month  of  January. 

Actscontinuedin  24.  §  5.  This  act,  together with  the  act,  entitled  "An  act 
force  5  years.  ^^  provide  for  the  indigent  deaf  and  dumb  within  this  state," 
passed  16th  April,  1822,  and  the  act,  entitled,  "An  act  ex- 
tending and  supplementary  to  certain  acts  providing  for  the 
indigent  deaf  and  dumb  within  this  state,"  passed  i5th  April, 
1825,  as  far  as  the  same  relates  to  the  New- York  institution 
for  the  instruction  of  the  deaf  and  dumb,  shall  be  continued 
in  force  for  five  years  from  the  first  day  of  May,  one  thou- 
sand eight  hundred  and  thirty-one,^subject  to  the  alterations 
herein  before  contained. 

This  act  to  take  25.  §  6.  This  act  shall  go  into  operation  from  and  after  the 
first  day  of  May,  one  thousand  eight  hundred  and  thirty. 

Central  asylum.  20.  §  7.  The  president  and  directors  of  the  central  asylum 
for  the  instruction  of  the  deaf  and  dumb  of  tliis  state,  shall 
and  may  be  permitted  to  take  and  receive  from  each  senate 
district  in  this  state,  one  pupil,  into  their  institution,  beyond 
the  number  now  authorized  by  law,  upon  the  terms,  and  w^ith 
the  rights  and  privileges  contained  in  the  fifth  section  of  the 
act,  entitled  "  An  act  extending  and  supplementary  to  cer- 
tain acts  providing  for  the  indigent  deaf  and  dumb  within 
this  state,"  passed  April  15th,  1825. 


Snl'joct  to  visi- 
tation. 


Revised  Statutes,  Vol.  1,  p.  497. 
TITLE   III. 

OF  THE  DUTIES  OF  THE   SUPERINTENDENT   OF  COMMON  SCHOOLS, 
IN  RELATION  TO  THE  INSTRUCTION  OF  THE  DEAP  AND  DUMB. 

1.  IiictitutioninNew-York,  and  other  such  institutions,  subject  to  his  visitation. 

2.  Duties  of  t!ie  superintendent  in  relation  to  such  institutions. 

27.  §  1.  The  institution  of  the  deaf  and  dumb  in  the  city  of 
New- York,  and  every  other  similar  institution  incorporated. 


DEATHS  IN  NEW- YORK— REPORT  of.  175 

or  to  be  incorporated  in  this  state,  shall  be  subject  to  the  visi- 
tation of  the  superintendent  of  common  schools. (99) 

§  2.  It  shall  be  the  duty  of  the  superintendent,  as  such  tf£j°^  ^"P"' 
visiter, 

1.  To  inquire  from  time  to  time  into  the  expenditures  of  each 
institution,  and  the  systems  of  instruction  pursued  therein  re- 
spectively : 

2.  To  visit  and  inspect  the  schools  belonging  thereto,  and 
the  lodgings  and  accommodations  of  the  pupils  : 

3.  To  ascertain,  by  a  comparison  with  other  similar  insti- 
tutions, whether  any  improvements  in  instruction  and  disci- 
pline can  be  made  ;  and  for  that  purpose  to  appoint  from  time 
to  time  suitable  persons  to  visit  the  schools : 

4.  To  suggest  to  the  directors  of  such  institution,  and  to  the 
legislature,  such  improvements  as  he  shall  judge  expedient : 

5.  To  make  an  annual  report  to  the  legislature  on  all  the 
matters  before  enumerated,  and  particularly  as  to  the  condi- 
tion of  the  schools,  the  improvement  of  the  pupils,  and  their 
treatment  in  respect  to  board  and  lodging. (99) 


Revised  Laws,  Vol.  2,  p.  437. 
DEATHS  \^  NEW-YORK—Ucport  of. 

AN  ACT  TO  REDUCE,  &c.  1813. 

1.  Duties  of  Physicians  and  Sextons,  and  penalties  for  neglect. 

1.  §  CCXXXIX.  And  he  it  further  enacted,  That  whenever  Phy«cipjis  and 

'  ...  .    ,         Eurirtons   rcquir- 

anv  person  shall  die  in  the  citv  of  New-York,  the  physician  ^'^  M'  p«'''r<'"n 

*'    A  -  T  I     J  certain  duUoa, 

or  surgeon  who  shall  have  attended  such  person  as  a  physi- 
cian or  surgeon  during  his  or  her  last  sickness,  shall  leave  a 
note  in  writing  signed  with  his  name,  with  some  one  of  the 
fiimily  in  the  house  where  such  person  shall  have  died,  spe- 
cifs'ing  the  name  and  apparent  age  of  the  deceased,  and  the 
disease  of  which  he  or  she  shall  have  died;  and  every  phy-  »<.„aity  for  neg- 
sician  or  surgeon  refusing  or  neglecting  to  make  and  deliver  '*'"''^' 
such  note,  shall  forfeit  the  sum  of  fifty  dollars  ;  and  that  no   Duty  of  sexton 
sexton  of  any  church,  or  other  person  having  charge  of  any  dea'dbodus'.""'^ 
cemetery,  vault,  or  burying-ground  in  the  said  city,  shall  per- 

t'jy)  Laws  of  lS-27,  p.  76. 


176  DEEDS. 

mit  any  dead  body  to  be  interred  therein,  until  he  has  re- 
ceived such  note  in  writing,  so  signed  as  aforesaid ;  or  in  case 
no  physician  or  surgeon  shall  have  attended  such  deceased 
person,  or  the  phy^cian  or  surgeon  w^ho  did  attend  shall  have 
neglected  or  refused  to  collect  such  note,  then  a  like  note, 
signed  by  some  of  the  family  in  which  such  person  shall  have 
died,  the  contents  of  which  note  in  writing  shall  be  entered 
by  such  sexton  on  a  blank  schedule,  to  be  furnished  by  the 
clerk  of  the  city  and  county  aforesaid,  and  delivered,  together 
with  the  said  schedule,  on  the  Saturday  in  every  week  to  the 
said  clerk  for  publication,  in  such  form  as  may  be  designated 
by  any  present  or  future  ordinance  of  the  mayor,  aldermen 
Penalty  for  ncg-  and  commonalty  of  the  city  of  New- York ;  and  that  every 
sexton  or  other  person  having  charge  of  any  place  of  inter- 
ment, neglecting  or  refusing  to  perform  any  of  the  duties  re- 
quired by  this  act,  shall  forfeit  the  sum  of  twenty-five  dollars. 


corded 


DEEDS, 

•    RECORDING  OF,  BY  CLERK  OF  COUNTY. 

1.  4.  Deeds  to  be  recorded,  and  effect  of. 

2.  Duty  of  clerk  on  receiving  deed  or  conveyance. 

3.  Index  to  be  made. 

4.  Fees.  , 

5.  Act  of  5th  April,  1810,  repealed. 

AN  ACT  concerning  the  recording  of  deeds  in  tlie  .city  of 
New-York. 

Passed  March  30,  1811,  p.  184. 

Deeds  to  be  re-  1.  §•  1.  Be  it  cuacted  by  the  People  of  the  State  of  New-York, 
repj^esented  in  Senate  and  Assembly  j  That  every  deed  or  con- 
veyance in  fee  simple  absolute  of  any  lands,  tenements,  he- 
reditaments or  real  estate  within  the  city  and  county  of  New- 
York,  which  shall  be  made  and  executed  after  the  first  day 
of  April  next,  in  order  to  be  good  and  efTcctual  in  the  law  as 
against  any  subsequent  purchaser  or  mortgager,  6o?i«^6?e  and 
for  valuable  consideration,  and  without  notice  of  such  prior 
*  deed  or  conveyance,  shall  be  I'ecorded  at  length  in  the  office 
of  the  clerk  of  the  said  city  and  county,  in  books  to  be  pro- 
vided by  the  said  clerk  for  that  purpose. 

Duty  of  clerk.       2.  §  2.  And  be  it  further  enacted,  That  the  said  clerk  shall 
make  a  note  or  memorandum  on  any  deed  or  conveyance 


DEEDS.  177 

hereby  directed  to  be  rec6rded,  and  which  shall  be  left  with 
him  or  in  the  said  office  to  be  recorded,  of  the  day,  month 
and  year,  and  the  hour  of  the  day  when  the  same  shall  so  be 
left  with  him  or  in  his  office,  to  be  recorded  as  aforesaid,  and 
that  the  record  thereof  shall  bear  date  corresponding  with 
the  time  mentioned  in  such  note  or  memorandum. 

And  to  the  end  that  accurate  information  may  be  obtained 
by  all  persons  respecting  the  deeds  or  conveyances  so  to  be 
recorded, 

3.  §  3.  And  he  it  farther  enacted,  That  the  said  clerk  shall  J^^^^  *"  ^ 
make  an  index  to  each  book  of  such  records,  and  from  day 

to  day  and  time  to  time,  as  the  same  deeds  or  conveyances 
shall  be  recorded,  make  an  entry  therein  of  the  name  and 
names  of  each  and  every  grantor  and  grantors,  and  grantee 
and  grantees',  and  parties  named  in  such  deed  or  deeds  or 
conveyances  respectively,  arranged  alphabetically  under  the 
initial  letters  of  the  name  of  each  and  every  grantor  and 
grantors,  grantee  and  grantees,  or  party  or  parties  named 
therein,  either  as  conveying  or  receiving  title  thereby ;  to 
which  records  and  indexes  all  persons  shall  have  free  access 
for  search  at  all  reasonable  times  during  the  day  time,  and 
which  the  said  clerk  shall  be  bound  to  exhibit  to  those  who 
wish  to  search. 

4.  §  4.  And  he  it  further  qnactcd,  That  the  fees  for  record-       iind. 
ing  such  deeds  and  conveyances,  and  making  searches  there- 
for, shall  be  the  same  as  is  now  or  as  may  hereafter  be  pro- 
vided for  by  daws  for  the  like  services,  but  that  no  additional 
charge  shall  be  made  for  such  index  as  is  before  directed  to 

be  made. 

5.  §  5.  And  he  it  further  enacted,    That  the  act,  entitled  Frooarccss  to  be 
"  An  act  for  the  recording  of  deeds  in  the  city  and  county  of  *  "^^^  * 
New- York,"  passed  the  5th  April,  1810,  shall  be,  and  the 

same  is  hereby  repealed. 


178  DEEDS. 


DEEDS, 

RECORDING  OF,  BY  REGISTER. 

Revised  Laws,  Vol.  2,  p.  406. 


1.  Certain  deeds  to  be  recorded. 

2.  Certain  deeds  hereafter  made,  to  be  recorded. 

3.  Register;  to  note  on  deed  when  left  with  him,  and  record  to  bear  same  date. 

4.  Register  lo  make  an  index  to  each  book  of  record. 

5.  Register's  fees  for  recording. 

ul^cordtT^^^''  1.  §  CLXX.  And  he  it  further  enacted,  That  no  deed  or 
conveyance  in  fee  simple  absolute  of  any  lands,  tenements, 
hereditaments  or  real  estate,  within  the  city  and  county  of 
New-York,  which  hath  been  made  and  executed  since  the 
first  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  eleven,  shall  be  deemed  or  taken  to  be  good  and 
effectual  in  the  law,  as  against  any  subsequent  purchaser  or 
mortgagee  bona  fide,  and  for  valuable  consideration,  and 
without  notice  of  such  prior  deed  or  conveyance,  unless  such 
deed  or  conveyance  was  recorded  at  length  in  the  office  of 
the  clerk  of  the  said  city  and  county,  on  or  before  the  first 
day  of  May,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  twelve,  or  hath  bden  or  shall  be  so  recorded  in  the 
office  of  the  register  in  and  for  the  said  city  and  county,  pre- 
vious to  a  subsequent  purchase  or  mortgage  as  aforesaid. 

Certain  deeds      o.  §  CLXXL  And  he  it  further  enacted.  That  every  such  deed 

hereafter    made,  ■'  j  ^  ^ 

also  to  be  record-  qj.  convcvauce  whicli  shall  hereafter  be  made  and  executed,  in 
order  to  be  good  and  effectual  in  the  law,  as  against  any  sul)- 
sequent  purchaser  or  mortgagee  bona  fide,  and  for  valuable 
consideration,  and  without  notice  of  such  prior  deed  or  con- 
veyance, shall  be  recorded  at  length  in  the  office  of  the  said 
register,  in  the  books  now  used,  or  hereafter  to  be  provided 
by  him  for  that  purpose. 

Register  to  note      3.  §  CLXXII.  And  he  it  further  enacted,  That  the  said  re^ 

on  deed  the  time      .  ,      „  , 

when  left  with  gistcr  shall  malvC  a  note  or  memorandum  on  any  deed  or  con- 
veyance hereby  directed  to  be  recorded,  and  which  shall  be 
left  with  him,  or  in  the  said  office,  to  be  recorded,  of  the  day 
month  and  vear,  and  the  hour  of  the  dav,  when  the  same 


DEPUTY  CLERKS.  179 

shall  so  be  left  with  hhn,  or  in  his  ofiice,  to  be  recorded  as 
aforesaid ;  and  that  the  record  thereof  shall  bear  date  corres-  ^o^/rS'^joncUng'" 
ponding  with  the  time  mentioned  in  such  note  or  memoran-  ^*^^- 
dum. 

And  to  the  end  that  accurate  information  may  be  obtained 
by  all  persons  respecting  the  deeds  or  conveyances  so  to  be 
recorded : 

4.  §  CLXXIII.  And  he  it  further  enacted,  That  the  said  re-  Register  to  make 
gister  shall  make  an  index  to  each  book  of  such  records,  and  book  ot'record. 
from  day  to  day,  and  time  to  time,  as  the  same  deeds  or  con- 
veyances shall  be  recorded,  make  an  entry  therein  of  the 

name  and  names  of  each  and  every  grantor  and  grantors,  and 
grantee  and  grantees,  and  parties  named  in  such  deed  or  i 

deeds  or  conveyances,  respectively  arranged  alphabetically, 
under  the  initial  letters  of  the,  name  of  each  and  every  gran- 
tor and  grantors,  grantee  and  grantees,  or  party  or  parties 
named  therein,  either  as  conveying  or  receiving  title  thereby, 
to  which  records  and  indexes  all  persons  shall  have  free  ac- 
cess for  search,  at  all  reasonable  times  during  the  day  time, 
and  which  the  said  register  shall  be  bound  to  exhibit  to  those 
who  wish  to  search. 

5.  §  CLXXIV.  And  he  it  farther  enacted,  That  the  fees  for    Ttesister's  fee* 
recording  such  deeds  and  conveyances,  and  making  searches    ^^^  °  ^  °* 
therefor,  shall  be  the  same  as  is  now,  or  as  may  hereafter  be, 
provided  for  by  law  for  the  like  services,  but  that  no  addi- 
tional charge  shall  be  made  for  such  index  as  is  before  direct- 
ed to  be  made. 


DEPUTY  CliEMMS. 


Revised  Statutes,  Vol.  1,  p.  376, 


1.  Deputy  ClerkvS  to  be  appointed. 

2.  To  take  an  oath. 

•      3.  Powers  of  Deputy  Clerk. 
4, 5.  Duties  and  emoluments  of. 


1 .  §  56.  P^very  county  clerk  shall  appoint  some  proper  per-  Deputy  cierk, 
son  deputy  clerk  of  his  county,  to  hold  during  the  pleasure  of 


180  DEPUTY  CLERKS. 

the  clerk ;  and  as^ofteii  as  such  dejiuty  clerk  shall  die,  resign, 
or  be  removed  from  office,  or  rer|iovc  out  of  the  county,  or 
become  incapable  of  executing  the  duties  of  the  office,  another 
shall  be  appointed  in  his  place.  Every  such  appointment 
shall  be  in  writing  under  the  hand  and  seal  of  the  clerk,  and 
shall  be  recorded  in  the  office  of  the  clerk  of  the  county.  (31) 

Ibid.  2.  §  57.  Every  person  appointed  to  the  office  of  deputy 

clerk,  shall,  before  he  enters  on  the  duties  of  his  office,  take  the 
oath  of  office  prescribed  in  the  constitution  of  this  state.  (31) 

Powers  of  do-       g.  §  58.  Whenever  the  county  clerk  shall  be  absent  from 

puty.  ,        *^ 

the  county,  or  by  reason  of  sickness,  or  any  other  cause,  shall 
be  incapable  of  performing  the  duties  of  his  office,  his  deputy 
may  perform  all  the  duties  appertaining  to  the  office  of  clerk 
of  the  county,  except  that  of  deciding  upon  the  sufficiency  of 
sureties  for  any  offixCer.(31) 

Ibid.  4.  §  59.  Whenever  the  office  of  any  county  clerk  shall  be- 

come vacant,  his  deputy  shall  perform  all  the  duties,  and  be 
entitled  to  all  the  emoluments,  and  be  subject  to  all  the  pe- 
nalties appertaining  to  the  office  of  the  clerk  of  the  county, 
until  a  new  clerk  shall  be  elected  for  such  county.. 


TITIiE  II.— CHAPTER  XII.— PART  I. 

AN  ACT  to  amend  certain  Provisions  of  the  Revised  Statutes, 
and  in  addition  thereto. 

Passed  April  20,  1830,  chap.  320,  p.  38. 

feSg  to'i'a'n'!      5.  §  4.  The  fifty-uinth  section  of  the  second  Title  of  Chap- 

fount^  cH^rk,  ""^  ter  twelve.  Part  first,  shall  be,  and  the  same  is  hereby  amend- 

amended.  ^ j^  ^^  inserting  after  the  word  "  elected,"  in  the  last  clause 

thereof,  the  words  "  or  appointed ;"  so  that  the  said  section, 

when  amended,  shall  read  as  follows  :  * 

[Vol.1, p. 370]        "Whenever  the  office  of  any  county  clerk  shall  become 

vacant,  his  deputy  shall  perform  all  the  duties,  and  be  entitled 

(31)  IR.L.  523,  5  19  :  2  R.  L.  149,  ^  17  ;  Laws,  of  1815.  p.  SB,  \S  5. 


DEPUTY  CLERKS.  181 

to  all  the  emoluments,  and  be  subject  to  all  the  penalties  ap- 
pertaining to  the  office  of  clerk  of  the  county,  until  a  new 
clerk  shall  be  elected  or  appointed  for  such  county,  and  duly 
sworn." 


CHAP.  CCXXXVII. 

1.  Deputy  Clerk  may  perform  certain  duties  of  County  Clerk. 

2.  Clerk  in  Chancery  may  appoint  a  deputy  to  perform  certain  duties. 

3.  Time  when  act  takes  eflect. 

AN  ACT  relative  to  Deputtj  Clerks  of  Counties,  and  of  Clerks 
in  Chancery, 

Passed  April  22, 1831.  p.  279. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

1.6  1.  The  deputy  of  any  county  clerk  mav  perform  all     Deputy   cierk 

■•  1        .'  .  ./  *      i  ji^ay  perlorm  du- 

the  duties  of  such  clerk  whenever  such  clerk  shall  be  absent  ^'*^^«  "•'  •^'^k  of 

county. 

from  his  office,  except  that  of  deciding  upon  the  sufficiency 
of  sureties  of  any  officer. 

2.  5  2.  Each  clerk  in  chancery  is  hereby  empowered  to  ap-  cierk  in  rhanre- 
point  some  suitable  person  to  be  his  deputy,  and  shall  be  re-  deputy  t'..   per-, 

.,  ,      ^  ,,   ,  .  1  •    1  •  1      n  1       •  •        form  certain  du- 

sponsible  lor  all  his  acts  ;  which  appointment  shall  be  in  writ-  ties, 
ing,  and  shall  be  filed  in  the  office  of  the  clerk  making  the 
same :  and  before  entering  on  any  duties  as  such  deputy,  he 
shall  take  and  subscribe  the  oath  of  office  prescribed  in  the 
constitution ;  every  such  deputy  shall  be  authorized  to  dis- 
charge the  duties  of  a  clerk  in  chancery  whenever  there  shall 
be  a  vacancy  in  the  office  of  his  principal,  or  whenever  such 
principal  clerk  shall  be  absent  from  the  county  in  which  his 
office  is  established,  or  shall  be  unable,  from  sickness  or  other- 
wise, to  perform  the  duties  of  such  clerk. 

3.  §  3.  This  act  shall  take  effect  upon  the  passage  thereof,  i^" s^cS."  ^''^ 


182  DISORDERLY  PERSONS. 

DISORDERLY  PERSOi^fS. 

Revised  Statutes,  Vol.  I,  p.  638. 
TITLE  V. 

OF    DISORDERLY    PERSONS. 

Sect.  I.  Disorderly  persons  cmmieratcd. 

2.  Proceedings  against  them;  surety  for  good  behaviour  when  to  be  required. 

3.  What  acts  to  be  deemed  breaches  of  recognizance  for  good  behaviour. 

4.  Recognizance,  when  and  how  prosecuted;  recovery  how  applied. 

5.  Court  before  which  recovery  had  may  require  new  sureties  or  conunit  to  jail. 

6.  When  and  by  whom  persons  committed  for  want  of  sureties,  may  be  discharged. 

7.  List  of  disorderly  persons  committed,  to  be  laid  before  general  sessions. 

8.  Court  to  inquire  into  each  case  and  hear  proofs. 

9.  Court  may  discliarge,  or  aulliorize  the  binding  out  of  disorderly  persons. 

10.  Court  may  commit  to  prison ;  duration  of  imprisonment,  &,c. 

11.  When  materials,  &c  to  be  bought,  and  disorderly  persons  compelled  to  work. 

12.  E.xpense  of  materials,  &c.  how  defrayed. 

13.  Trocecds  of  labour  how  disposed  of  and  accounted  for. 

Enumeration  of      ^1.  All  pci'sons  who  threaten  to  run  a^vay  and  leave  their 

disorderly      per-        .  . 

sonB.  wives  or  children  a  burthen  on  the  public ;  all  persons  pre- 

tending to  tell  fortunes,  or  where  lost  or  stolen  goods  may- 
be found ;  all  common  prostitutes,  all  keepers  of  bawdy- 
houses  or  houses  for  the  resort  of  prostitutes,  drunkards, 
tiplers,  gamesters,  or  other  disorderly  persons  ;  all  persons 
who  have  no  visible  profession  or  calling  to  maintain  them- 
selves by,  but  who  do,  for  the  most  part,  support  themselves 
by  gaming ;  all  jugglers,  common  show^men  and  mounte- 
banks, who  exhibit  or  perform  for  profit  any  puppet  show% 
wire  or  rope  dance,  or  other  idle  shows,  acts  or  feats  ; 
all  persons  who  keep  in  any  public  highw\ay  or  place, 
or  in  any  place  w^here  spirituous  liquors  are  sold,  any  keno 
table,  W'heel  of  fortune,  thimbles,  or  other  table,  box,  ma- 
chine, or  device  for  the  purpose  of  gaming  ;  all  persons  who 
go  about  w^ith  such  table,  wheel,  or  other  machine  or  device, 
exhibiting  tricks  or  gaming  therewith ;  all  persons  who  play 
in  public  streets  or  highways,  with  cards,  dice,  or  any  other 
instrument  or  device  for  gaming,  shall  be  deemed  disorderly 
persons.  (34) 

^34)  1  R.  L.  Ill,  ^  I ;  lb.  154,  §  9;  Laws  of  1S19,  p.  SIO. 


DISORDERLY   PERSONS.  '  183 

^.  2.  Upon  complaint  made  on  oath  to  anv  justice  of  the     Proceedings 

^  .  ^  1      •  1-  1      7    "  I         1     11    •  against  them- 

peace  agamst  any  person  as  bemg  disorderly,  he  shall  issue 
his  warrant  for  the  apprehension  of  the  offender,  and  cause 
him  or  her  to  be  brought  before  such  justice  for  exam- 
ination. If  it  shall  appear  by  the  confession  of  the  of-  purety  for  good 
fender,  or  by  competent  testimony,  that  he  or  she  is  a  dis- 
orderly person,  the  justice  may  require  of  the  offender  suffi- 
cient sureties  for  his  or  her  good  behaviour  for  the  space  of 
one  year.  In  default  of  such  sureties  being  found,  the  jus- 
tice shall  make  up,  sign  and  fde  in  the  county  clerk's  office, 
a  record  of  the  conviction  of  such  offender  as  a  disorderly 
person,  specifying  generally  the  nature  and  circumstances 
of  the  offence,  and  shall,  by  warrant  under  his  hand,  commit 
such  offender  to  the  common  jail  of  the  city  or  county,  there 
to  remain  until  such  sureties  be  found,  or  such  offender  be 
discharged  according  to  law.  (34) 


Record  of  convic- 
tion and  com- 
mitment. 


§  3.  It  shall  be  deemed  a  breach  of  such  recognizance,  for  Breaches  of  re- 

,  r.1      '  cognizance. 

any  person  so  bound  on  account  oi  being  a  gamester,  at  any 
one  time  or  sitting  to  play  or  bet  for  any  money  or  other 
thing  exceeding  the  sum  or  value  of  two  dollars  and  fifty 
cents.  In  all  other  cases,  the  committing  any  of  the  acts 
which  constituted  the  person  so  bound  a  disorderly  person, 
shall  be  deemed  a  breach  of  the  condition  of  such  recog- 
nizance. (35) 

§  4.  If  any  breach  of  such  recognizance  for  good  beha-  Jjj^,''^^"*'*^"' 
viour  happen,  such  recognizance  shall  be  prosecuted  at  the 
instance  of  any  overseer  of  the  poor,  county  superintendent 
of  the  poor,  or  justice  of  the  peace,  and  the  penalty  when 
collected,  shall  be  paid  into  the  county  treasury,  for  the 
benefit  of  the  poor  of  such  county. 

§  5.  Upon  a  recovery  being  had,  upon  any  such  recogni-  conseqnences  of 
zance,  the  court  before  which  it  shall  be  had,  may,  in  its 
discretion,  either  require  new  sureties  for  good  behaviour  to 
be  given,  or  may  commit  the  offender  to  the  common  jail  of 
the  city  or  county,  for  any  term  not  exceeding  six  calendar 
months. 

(04)  1  R.  T,.  114,  $  I ;  lb.  154,  .<sec.  0 ;  Laws  of  181!»,  p.  240.  (35)  lb.  154,  sec  10. 


184  DISORDERLY  PERSONS. 

Two  justices  may      §6.  Anv  persoii  Committed  to  the  common  jail  for  not 

tain  cases.         finding  surctics  for  good  behaviour,  may  be  discharged  by 

any  two  justices  of  the  peace  of  the  county,  upon  giving 

such  sureties  for  good  behaviour  as  were  originally  required 

from  such  ofiender.(36)  » 

Jail  keeper  to  ex-      §  7,  It  shall  be  the  duty  of  the  keeper  of  every  iail  to  lay 

hibit  lists,  &c.  to  ^  '^  •  r     y  " 

general  sessions,  bcforc  the  court  of  general  sessions  of  the  peace,  on  the 

first  day  of  its  meeting,  next  after  the  commitment  of  any 

*  disorderly  person,  a  Hst  of  the  persons  so  committed  and 

then  in  his  custody,  with  the  nature  of  their  offences,  the  name 

of  the  justice  committing  them,  and  the  time  of  imprisonment. 

Duty  of  court.  §  8.  Tlic  court  of  general  sessions  of  the  peace  shall  in- 
quire into  the  circumstances  of  each  case,  and  hear  any 
proofs  that  may  be  offered,  and  shall  examine  the  record  of 
conviction,  which  shall  be  deemed  presumptive  evidence  of 
the  facts  therein  contained,  until  disproved.  (37) 


Court  may  dis- 
char^f  or  autlio- 
rize  liindiuK  out. 


§  9.  The  court  may  discharge  such  disorderly  person  from 
confinement,  either  absolutely  or  upon  receiving  sureties  for 
his  or  her  good  behaviour,  in  its  discretion ;  c!  the  said  court 
may,  in  its  discretion,  authorize  the  county  superintendents 
of  the  poor,  or  the  overseers  of  the  poor  of  any  town,  or 
the  commissioners  of  any  almshouse,  to  bind  out  such  dis- 
orderly persons  as  shall  be  minors,  in  some  lawful  calling, 
as  servants,  apprentices,  mariners,  or  otherwise,  until  they 
shall  be  of  full  age  respectively  ;  or  to  contract  for  the  ser- 
vice of  such  disorderly  persons  as  shall  be  of  full  age,  with 
any  person,  as  labourers,  servants,  apprentices,  mariners,  or 
Effect  of  inden-  otlierwisc,  for  any  term  not  exceeding  one  year ;  which  bind- 
ing out  and  contracts  shall  be  as  valid  and  effectual,  as  the 
indenture  of  any  apprentice  with  his  own  consent,  and  the 
consent  of  his  parents,  and  shall  subject  the  persons  so 
bound;Out  or  contracted,  to  the  saine  control  of  their  mas- 
ters respectively,  and  the  court  of  general  sessions  of  the 
peace,  as  if  they  were  so  bound  as  apprentices. 

May  commit  to      ^  jQ.  Tlic  Said  court  iiiav,  in  its  discretion,  order  any  such 
disorderly  person  to  be  kept  in  the  common  jail  for  4^ny  term 

(30)  1  K.  L.  115,  sec.  2.  (37)  lb.  sec.  4. 


DISORDERLY  PERSONS.  .  1&5 

not  exceeding  six  months  at  hard  labour ;  or  may  direct 
that,  during  any  part  of  the  time  of  imprisonment,  not  ex- 
ceeding thirty  days,  such  offender  shall  be  kept  on  bread 
and  water  onl\'. 

§  11.  If  there  be  no  means  provided  in  such  jail  for  em-  soJl'mly^blTcoS' 
ploying  offenders  at  hard  labor,  the  court  may  direct  the  ^^[""^  ^°  ^'^^^^ 
keeper  thereof  to  furnish  such  employment  as  it  shall  spe- 
cify, to  such  disorderly  persons  as  shall  be  committed  thereto, 
either  by  a  justice  or  any  court,  and  for  that  purpose  to  pur- 
chase any  necessary  raw  materials  and  implements,  not  ex- 
ceeding in  amount  such  sum  as  the  court  shall  prescribe, 
and  to  compel  such  persons  to  perform  such  w^ork,  as  shall 
be  so  allotted  to  them. 

§  12.  The  expenses  incurred  in  pursuance  of  such  order.  Expense  how  dc- 
shall  be  paid  to  the  keeper  by  the  county  treasurer,  on  the 
production  of  the  order  of  the  court,  and  an  account  of  the 
materials  purchased,  verified  by  the  oath  of  the  keeper. 

§  13.  The  keeper  shall   sell  the  produce  of  such  labour,  Disposition  of 

•^  ^  '  _  proceeds;  ac- 

and  shall  account  for  the  first  cost  of  the  materials  purchas-  counting  for, 
ed,  and  for  one  half  of  the  surplus,  to  the  board  of  super- 
visors, and  pay  the  same  into  the  county  treasury.;  and  the 
other  half  of  such  surplus  shall  be  paid  to  the  person  earn- 
ing the  same,  on  his  or  her  discharge  from  imprisonment. 
The  keeper  shall  account  to  the  court  whenever  required, 
for  all  materials  purchased,  and  for  the  disposition  of  the 
proceeds  of  the  earnings  of  such  ofl^enders.* 

*  This  appears  to  be  one  of  the  most  early  subjects  of  legislalion,  By  an  act  passed  the 
16th  of  May,  169],  V.  S.  vol.  1,  p.  4,  provision  is  made  to  prevent  the  bringing  in,  settlement, 
and  t(»  remove  idle  persons  and  vagabonds.  This  act  was  followed  by  an  act  passed  27th  of 
July,  1721,  ibid.  p.  121,  which  authorizes  the  transportation  of  idle  persons  and  vagrants, 
and  imposes  the  penalty  of  thirty-one  lashes  on  the  bare  back,  if  a  man,  and  twenty-five 
lashes,  on  the  bare  back,  if  a  wyman,  for  returning  after  transportation,  and  contains  other 
provisions  of  considerable  severity  upon  masters  of  vessels  bringing  in,  and  householders 
for  not  giving  an  account  of  strangers,  &c. 

These  provincial  laws  were  followed  by  an  act  passed  9th  of  February,  1788,  Gr.  vol.  2,  p. 
52.  The  act  enumerates  the  description  of  persons  who  are  disorderly,  and  authorizes  their 
committal  to  the  bridewell  or  house  of  correction,  at  hard  labour,  by  a  justice  or  justices  of 
the  peace  for  the  period  of  sixty  days  or  until  the  next  court  of  sessions,  who  may  order 
such  disordi?rly  persons  to  he  kept  at  hard  labour  for  Iha  j^riod  of  six  months,  or  may  place 
them  out  as  servants  or  may  order  them  to  be  whipped.  This  act  is  incorporated  in  the  re- 
vision of  K.  and  R.  vol.  I,  p.  123,  and  also  in  the  revision  of  1813,  vol.  ],  p.  114,  and  is  re- 
vised in  the  above  act. 

24 


.186  DISORDERLY  PRACTICES. 

DISORDERLY   PRACTICES. 

Revised  Statutes,  Vol.  1,  p.  660. 
ARTICLE  SECOND. 

OF  DISORDERLY  PRACTICES  ON  PUBLIC  OCCASIONS  AND  HOLIDAYS, 
AND  IN  TAVERNS,  VESSELS,  AND  CANAL  BOATS.*     . 

3.  Penalty  for  discharging  fire-arms,  &e.  on  certain  days,  without  military  order. 

4.  Gaming-tables  at  parades,  towji-meetings,  elections,  &c.  prohibited. 

5.  Public  officers  to  destroy  such  tables. 

6.  Gaming,  &c.  in  taverns  and  certain  vessels  and  packets,  prohibited. 

7.  Penalties  on  tavern  keepers,  <fcc.,  and  how  collected. 

Discharge  of  fire-      §  3.  No  person  shall  fire  or  discharge  any  2:un,  pistol,  rocket, 

jrms,  &c.  on  ccr-         "'  ^  &  J  &        'r  ' 

fain  days,  prohi-  squib,  ci'acker,  or  Other  fire-w^ork,  within  a  quarter  of  a  mile 
of  any  building,  on  the  twenty-fifth  day  of  December,  on  the 
last  day  of  December,  on  the  first  day  of  January,  or  on  the 
twenty-second  day  of  February,  in  any  year;  nor  on  the 
fourth  day  of  July,  or  such  other  day  as  shall  at  the  time  be 
celebrated  as  the  anniversary  of  American  independence, 
without  the  order  of  some  officer  of  the  militia,  while  in  the 
course  of  military  exercises  :  every  person  offending  against 
these  provisions,  shall  forfeit  the  sum  of  five  dollars,  to  be 
recovered  by  any  person  who  will  prosecute  in  the  name  of 
the  overseers  of  the  poor,  with  their  consent  and  under  their 
direction,  for  the  use  of  the  poor.  (62) 

at^aradS^etec-  ^  ^'  ^^^  ^^^^  ^^^  of  any  militia  parade  or  rendezvous,  or  of 
bitcd  ^^'  ^™^"  ^}^y  town-meeting,  or  of  any  annual  or  speolal  election,  or 
on  the  day  of  the  assembling  of  any  inhabitants  of  this  state 
to  celebrate  the  anniversary  of  American  independence,  no 
person  shall  expose  to  the  public,  or  have  in  hjs  possession 
within  half  a  mile  of  the  place  of  such  parade,  rendezvous, 
town-meeting,  election,  or  celebration,  [any  eo-table,  wheel 

*  By  an  act  passed  April  22, 178.'),  1  Gr.  p.  188,  entitled  an  aet  to  prevent  the  firing  of  guns, 
and  other  fire  arms,  within  this  state,  on  certain  days  therein  mentioned,  it  is  declared  that 
any  person  or  persons  who  shall  fire  any  gun,  pistol,  rocket,  squib,  or  other  fire-work  within 
a  quarter  of  a  mile  of  any  building,  on  tlie  eve  of  the  last  day  of  December  and  first  and  se- 
cond days  of  January,  shall  forfeit  the  sum  of  forty  shillings,  &c.  This  act  is  incorporated 
in  the  Revision  of  Kent  and  Rad.  vol.  1,  p.  41,  and  also  in  the  Revision  of  1813,  vol.  1,  p.  49 
It  seems  our  predecessors  were  afl[licted  with  an  excess  of  rockets,  squibs,  &c.  at  a  still  earlier 
period,  as  appears  by  two  acts  passed  upon  this  subject.  Vide  V.  S.  vol.  2,  p.  763,  and  J.  & 
V.  vol.  1,  p.  228. 

(62)  1  R.  L.  p.  4^ 


DISORDERLY  PRACTICES.  187 

of  fortune,  or  other  gaming-table,  or  gaming  machine  or  box ; 
every  person  offending  against  this  provision,  shall  forfeit 
twenty-five  dollars,  to  be  recovered  by  and  in  the  name  of 
the  overseers  of  the  poor  of  tlie  town  where  the  oflence  was 
committed,  for  the  use  of  the  poor.  (03) 

§  5.  It  shall  be  the  duty  of  all  sheriffs  and  of  all  other  execu-  To  be  destroyed. 
live,  judicial,  or  ministerial  officers  concerned  in  the  adminis- 
tration of  justice,  to  break,'  burn,  or  otherwise  destroy,  every 
such  table,  box,  and  machine,  so  exposed  or  possessed  con- 
trary to  the  provisions  of  the  last  foregoing  section.  (83) 

§  6.  There  shall  not  be  allowed  or  suffered  any  cock-fight-  t^'m"?,!?  vest- 
ing, playing  with  cards  or  dice,  or  any  kind  of  gaming  by  lot  ^'^'^'  P'oiiibueu. 
or  chance,  within  any  house  kept  as  a  public  inn  or  tavern,  or 
in  any  grocery,  or  other  place  where  spirituous  liquors  shall 
be  licensed  to  be  sold,  nor  shall  there  be  any  playing  with 
cards  or  dice  for  gain  or  money,  or  any  kind  of  gaming  by 
lot  or  chance,  on  board  any  vessel  used  for  the  transporta- 
tion of  passengers,  or  on  board  any  packet  or  other  boat  em- 
ployed in  the  conveyance  of  passengers  on  any  canal ;  nor 
shall  any  billiard-table,  or  other  gaming-table,  be  kept  on 
board  such  vessel  or  boat,  or  within  such  house  or  place,  or 
in  any  out-house,  yard,  or  garden  belonging  to  such  house  or 
place,  (64) 

§  7.  The  master  of  any  vessel  or  boat,  and  the  keeper  of  any  penaitiea. 
inn,  tavern,  grocery,  or  other  place  where  spirituous  liquors 
are  hcensed  to  be  sold,  who  shall  offend  against  either  of  the 
provisions  of  the  last  section,"  shall  forfeit  ten  dollars  for  each 
ofience,  to  be  recovered  by  and  in  the  name  of  the  overseers  jj^^^  collected. 
of  the  poor  of  the  town  where  any  such  offence  shall  be  com- 
mitted by  the  keeper  of  an  inn,  tavern,  grocery,  or  other  place 
before  mentioned,  and  by  and  in  the  name  of  the  overseers  of 
the  poor  of  any  town  where  the  offence  shall  be  committed 
by  any  master  of  a  vessel  or  boat. 

(63)  Laws  of  1815,  p.  70.  (64)  1  Rev.  Laws,  p.  178,  ^  8 ;  Laws  of  1816,  p.  243,  $  2. 


188  DISTREiSS. 

( 

DISTRESS, 

TROPERTY  EXEMPT  FROM,  IN  NEW- YORK. 

CHAP.  CXLI. 

1.  Certain  articles  declared  free  from  seizure  for  debt  or  rent. 

2.  A  receipt  to  be  taken  for  articles  loaned,  and  the  elfect  of  it. 

AN  ACT  to  exempt  articles  of  property  fi^om  liability  to  exe- 
cution, and  from  being  distrained  for  rent. 

Passed  April  13,  1814.  p.  167. 

Recital.  Whereas  Certain  pcrsoiis  in  the  city  of  New- York  have 
by  their  petition  set  forth,  that  many  humane  and  benevolent 
persons  in  the  said  city  have  associated  together  for  the  pur- 

*  pose  of  reheving  indigent  widows  and  femal<es,  of  various 

descriptions,  from  distress,  and  have  represented  the  advan- 
tages that  would  arise  from  the  lending  or  furnishing  such 
widows  and  females  with  articles  and  materials  to  w^ork  with, 
and  have  prayed  that  a  law  may  be  passed,  exempting  cer- 
tain articles  and  materials  from  being  levied  on  and  sold  by 
execution  or  distrained  for  rent : 

Certain  articles      1.  §  1.  Beit  enacted  hij  the  People  of  the  State  of  New-Yorh, 

loaned  by  any  be-  ^  "^  -^         -^  *^  _        , 

nevoient  instim-  represented  in  Senate  and  Assembly,  That  all  looms,  spinning- 
York,    declared  whccls,  and  stovcs,  to<Tether  with  the  appurtenances  there- 

Iree  from  seizure  '        o  i  i 

for  debt  or  rent,  ^uto  belonging,  or  in  any  other  manner  attached;  and  all 
wool,  worsted,  hemp,  flax  and  tow,  to  the  quantity  of  twenty 
pounds  weight,  that  shall  or  may  be  loaned  or  furnished  by 
any  benevolent  institution  or  body  corporate,  or  hy  any  per- 
son or  persons  in  the  said  city  of  New- York,  or  in  this  state, 
to  any  widow  or  female  of  the  above  description,  shall  be, 
and  remain  with  the  said  widow  or  female,  exempt  from  ex- 
ecution, and  from  being  distrained  and  sold  for  the  payment 
of  rent,  any  law  to  the  contrary  thereof  notwithstanding. 


A  receipt  to  be      2.  ^  2.  And  be  it  farther  enacted,  That  wiienever  any  bene- 

taken     for    said  ^  *^  '  '' 

goods  when  land-  voleiit  institution,  or  body  corporate,  or  person  or  persons, 
shall  lend  or  furnish  any  of  the  said  description  of  widow^s 
and  females  with  any  of  the  articles  or  materials  above  enu- 
merated or  mentioned,  it  shall  and  may  be  lawful  for  them 
to  take  a  receipt  from  the  widow  or  female  to  whom  the  same 
is  lent,  specifying  the  said  article  or  articles,  material  or  ma- 


DISTRICTS.  189 

terials,  and  which  shall  be  acknowledged  by  the  person  giv- 
ing the  same,  before  the  mayor  or  one  of  the  aldermen  of  the 
said  city,  or  before  a  master  in  chancery,  or  one  of  the  judges 
of  the  court  of  common  pleas  ;  and  which  said  acknowledg- 
ment shall  be  taken  without  fee  or  reward,  and  shall  be  prima  And  then  to  be 

prima  facie  evi- 

facie  evidence  in  favour  of  the  person  or  persons  claimmg  dencethereofAc 
the  same  by  virtue  of  a  loan  as  aforesaid. 


DISTRICTS. 

Remsed Statutes,  Vol.  \,p.  84. 

OF  THE  SENATE  DISTRICTS. 

§  1.  The  first  district  shall  consist  of  the  counties  of  SCif- 
folk,  Queens,  Kings,  Richmond  and  New- York. 


DISTRICTS— CONGRESSIONAL. 

CHAP.  CCCXXXIV. 

AN  ACT  to  divide  the  State  into  Congressional  Districts. 

Passed  June  29,  1832.  p.  585. 

The  Peojfie  of  the  State  of  New-York^  represented  in  Senate 

and  Assembly,  do  enact  as  follows  : 

§  1.  That  for  the  election  of  representatives  in  the  congress 
of  the  United  States  this  state  shall  be  divided  into  the  fol- 
lowing districts,  namely  :  The  counties  of  Suffolk  and  Queens 
shall  compose  the  first  district,  and  shall  be  entitled  to  elect 
one  member  ;  the  counties  of  Rockland,  Richmond  and  Kings 
shall  compose  the  second  district,  and  shall  be  entitled  to 
elect  one  member  ;  the  city  and  county  of  New^-York  shall 
compose  the  third  district,  and  shall  be  entitled  to  elect  four 
members ;  the  counties^  of  Westchester  and  Putnam  shall 
compose  the  fourth  district,  and  shall  be  entitled  to  elect  one 
member ;  the  county  of  Dutchess  shall  compose  the  fifth  dis- 
trict, and  shall  be  entitled  to  elect  one  member ;  the  county 
of  Orange  shall  compose  the  sixth  district,  and  shall  be  enti- 
tled to  elect  one  member ;  the  counties  of  Ulster  and  Sulli- 
van shall  compose  the  seventh  district,  and  shall  be  entitled 
to  elect  one  member ;  the  counties  of  Columbia,  Greene  and 
Schoharie  shall  compose  the  eighth  district,  and  shall  be  en- 


190  '        DISTRICTS. 

titled  to  elect  two  members ;  the  county  of  Rensselaer  shall 
compose  the  ninth  district,  and  shall  be  entitled  to  elect  one 
member ;  the  city  and  county  of  Albany  shall  compose  the 
tenth  district,  and  shall  be  entitled  to  elect  one  member ;  the 
counties  of  Saratoga  and  Schenectady  shall  compose  the 
eleventh  district,  and  shall  be  entitled  to  elect  one  member ; 
the  county  of  Washington  shall  compose  the  twelfth  district, 
and  shall  be  entitled  to  elect  one  member ;  the  counties  of 
Warren,  Essex  and  Clinton  shall  compose  the  thirteenth  dis- 
trict, and  shall  be  entitled  to  elect  one  member  ;  the  counties 
of  St.  Lawrence  and  Franklin  shall  compose"  the  fourteenth 
district,  and  shall  be  entitled  to  elect  one  member;  the  coun- 
ties of  Montgomery  and  Hamilton  shall  compose  the  fifteenth 
district,  and  shall  be  entitled  to  elect  one  member  ;  the  coun- 
ties of  Herkimer  and  Lewis  shall  compose  the  sixteenth  dis- 
trict, and  shall  be  entitled  to  elect  one  member ;  the  coun- 
ties of  Oneida  and  Oswego  shall  compose  the  seventeenth 
district,  and  shall  be  entitled  to  elect  two  members ;  the 
county  of  Jefferson  shall  compose  the  eighteenth  district,  and 
shall  be  entitled  to  elect  one  member ;  the  county  of  Otsego 
shall  compose  the  nineteenth  district,  and  shall  be  entitled  to 
elect  one  member ;  the  counties  of  Delaware  and  Broome 
shall  compose  the  twentieth  district,  and  shall  be  entitled  to 
elect  one  member ;  the  county  of  Chenango  shall  compose 
the  twenty-first  district,  and  shall  be  entitled  to  elect  one 
member ;  the  counties  of  Courtland,  Tompkins  and  Tioga 
shall  compose  the  twenty-second  district,  and  shall  be  enti- 
tled to  elect  two  members ;  the  counties  of  Onondaga  and 
,   Madison  shall  compose  the  twenty-third  district,  and  shall  be 
entitled  to  elect  two  members  ;  the  county  of  Cayiaga  shall 
shall  compose  the  twenty-fourth  district,  and  shall  be  entitled 
to  elect  one  member ;  the  counties  of  Wayne  and  Seneca  shall 
compose  the  twenty-fifth  district,  and  shall  be  entitled  to  elect 
one  member ;  the  county  of  Ontario  shall  compose  the  twen- 
ty-sixth district,  and  shall  be  entitled  to  elect  one  member  ; 
the  counties  of  Steuben  and  Yates  shall  compose  the  twenty- 
seventh  district,  and  shall   be    entitled  to   elect  one   mem- 
ber ;  the  county  of  Monroe  shall  compose  the  twenty-eighth 
district,  and  shall  be  entitled  to  elect   one   member;    the 
country   of  Genesee    shall   compose   the  twenty-ninth  dis- 
trict,  and  shall  be  entitled  to  elect  one  member ;  the  coun- 
ties of  Alleghany  and  Livingston  shall  compose  the  thirtieth 
district,  and  shall  be  entitled  to  elect  one  member ;  the  coun- 


DRUNKARDS— HABITUAL.  191 

ties  of  Cattaraugus  and  Chatauque  shall  compose  the  thirty- 
first  district,  and  shall  be  entitled  to  elect  one  member ;  the 
county  of  Erie  shall  compose  the  thirty-second  district,  and 
shall  be  entitled  to  elect  one  member;'  the  counties  of  Nia- 
gara and  Orleans  shall  compose  the  thirty-third  district, 
and  shall  be  entitled  to  elect  one  member. 


I 


DR1JNKARD§-ffiaMtu.al. 

Revised  Statutes i  Vol,  I,  p.  636. 
TITLE  IV. 

OF  THE  CARE  OF  HABITUAL  DRUNKARDS. 

1.  Powers  of  overseers  of  poor  to  forbid  sale  or  delivery  of  liquor  to  drunkards. 

2.  Penalty  for  selling,  &cc.  contrary  to  notice,  except  ordered  by  a  physician. 

3.  Person  des^iirnarcd  as  a  drunkard  may  contest  the  fact. 

4.  5,  6.  Procetdinss  to  try  and  determine  the  fact. 

7.  Effect  of  verdict  of  jury. 

8,  9.  Costs  for  and  against  overseers,  when  to  bo  allowed  ;  how  collected. 

10.  Accounts  of  overseers  for  services,  how  allowed  and  paid. 

11.  When  overseers  may  revoke  notice  given  by  them  or  their  predecessors. 

^  1.  Whenever  the  overseers  of  the  poor  of  any  citv  or  town    Deiiren-  of  m- 

,,.♦,,,",,  nu"''  t<J  drunk- 

shall  discover  any  person  to  be  an  iiabitual  drunkard,  they  "r.is  how  pro- 

1  1      •       »  1  1       •  hibitt'd. 

may,  by  writing  under  their  hands,  designate  and  describe 
such  drunkard,  and  by  written  notice  signed  by  them,  require 
every  merchant,  distiller,  shop-keeper,  grocer,  tavern-keeper, 
or  other  dealer  in  spirituous  liquors,  and  every  other  person 
residing  within  the  city  or  town  where  such  drunkard  shall 
reside,  or  in  any  other  city  or  town  near  to  or  adjoining  such 
city  or  town,  not  to  give,  or  sell  under  any  pretence,  any 
spirituous  liquors  to  such  drunkard.  (33) 

^  2.  If  after  the  personal  service  of  such  notice  anv  such   P^H'iity  for  dis- 

■*  .       ,  .  ^-  .  "  obeying  notice. 

person  shall  knowingly  give  or  sell  in  any  manner  whatever, 
spirituous  liquors  to  any  such  drunkard,  except  by  the  per- 
sonal direction  or  on  the  written  certificate  of  some  physi- 
cian, regularly  licensed  to  practice,  according  to  the  laws  of 
this  state,  stating  that  such  liquor  is  necessary  for  the  pre- 
servation or  recovery  of  the  health  of  such  drunkard,  he  shall 
forfeit  for  eVery  offence  the  sum  of  ten  dollars,  for  the  use  of 
the  poor  of  the*  town  where  such  drunkard  resides. 

(33)  This  Title  is  compiled  from  the  act  of  1821,  p.  90,  and  that  of  1822,  p.  131,  with  few 
variations. 


192 


DRUNKARDS— HABITUAL. 


Charge  may  bo  ^  3.  Any  person  so  designated  by  the  overseers  of  the  poor 
as  an  habitual  drunkard,  may  apply  to  any  justice  of  the  peace 
of  the  city  or  town  in  which  thb  person  so  designated  resides, 
for  process  to  summon  a  jury  to  try  and  determine  such  fact 
of  drunkenness. 

Proceedings.  ^  4^  Qu  such  application,  thc  justice  shall  immediately  give 
notice  thereof,  in  writing,  to  the  ovcrsers  of  the  poor,  speci- 
fying the  time  and  place  where  the  parties  shall  meet  for  the 
Venire.  trial  of  such  fact,  and  shall  issue  a  venire  to  any  constable  to 
summon  a  jury  of  twelve  persons  competent  to  serve  on  ju- 
ries, to  appear  at  the  said  time  and  place,  for  the  purpose  of 
trying  the  said  fact. 

Ibid.  §  5.  Such  jury  shall  be  summoned,  returned,  and  six  of  them 

Jury.  shall  be  balloted  for  by  such  justice,  and  shall  be  sworn  well 
and  truly  to  try  the  fact  of  the  alleged  drunkenness,  in  the 
same  manner  as  for  the  trial  of  issues  ^n  suits  brought  before 
'  a  justice  of  the  peace  ;  and  witnesses  shall  be  summoned,  and 
their  attendance  and  testimony  enforced,  and  they  shall  be 
sworn  and  examined  before  the  said  jury  in  like  manner. 


Ibid. 


Trial. 


§  G.  The  said  jury  shall  hear  the  allegations  and  proofs 
offered  on  both  sides,  and  shall  proceed  in  all  respects  as  in 
trials  at  law,  to  render  their  verdict ;  which  verdict  shall  be 
entered  by  such  justice  in  a  book,  to  be  provided  by  him  for 
the  purpose. 


Effect  of  a  verdict  §  7.  The  Said  vcrdict,  or  an  attested  copy  thereof,  under 
the  hand  of  such  justice,  shall  be  received  and  deemed  to  be 
presumptive  evidence  of  the  fact  thereby  found,  in  any  action 
between  the  overseers  of  the  poor  and  any  person  prosecuted 
by  them  for  the  penalty  herein  before  imposed. 


Costs. 


§  8.  If  by  the  verdict  of  the  jury  if  shall  be  found  that  the 
person  demanding  such  trial  is  an  habitual  drunkard,  the  jus- 
tice shall  enter  judgment  against  such  person,  and  award 
execution  for  the  costs  of  the  overseers  of  the  poor  in  attend- 
ing such  trial,  in  the  same  manner  as  in  suits  between  indi- 
viduals, which  justices  of  the  peace  are  authorized  to  try  and 
determine. 


DUELLLVG.  193 

§  9.  If  it  be  found  that  such  person  is  not  an  habitual  costs. 
drunkard,  such  justice  shall  in  like  manner  enter  judgment 
and  award  execution  for  the  coets  of  such  person,  against  the 
said  overseers,  unless  it  shal^appear  to  such  justice  that  the 
said  overseers  acted  in  good  faith,  and  had  reasonable  cause 
to  believe  such  person  an  habitual  drunkard ;  in  which  case 
no  costs  shall  be  awarded  against  them,  but  each  party  shall 
pay  their  own  costs. 

§  10.  The  accounts  of  the  overseers  of  the  poor,  for  the  overseer?,  how 
expense  of  defending  against  any  such  application,  shall  be  ^^^ 
audited  and  allowed  in  the  same  manner  as  the  other  expenses' 
of  such  city  or  town. 

§  1 1.  If  at  any  time  the  overseers  of  the  poor  shall  be  satis-    when  notice 

^  •'  ^  may  be  revoked. 

lied  that  such  drunkard  has  reformed  and  become  temperate, 
they  may  revoke  and  annul  any  such  notice  given  by  them  or 
any  of  their  predecessors  in  office.* 


AND    CHALLENGES    TO    FIGHT. 

Revised  Statutes,    Vol.  2,  p.  680. 
ARTICLE  FIRST. 

OF    DUELLING,    AND    CHALLENGES    TO    FIGHT. 

Sect.  1.  Punishment  for  fighting  duels. 

2.  Sending,  carrying,  &c.  challenges,  and  accessaries  to  duels,  how  punished. 

3.  0lT.;nders  compelled  to  testify  ajzainst  each  other. 

4.  Fighting  adiiel  to  disqaalify  for  offices. 

5.  6.  Proceedings  against  inhabitants  sending  challenges,  &c.  out  of  this  state. 
7.  Former  conviction  or  acquittal  may  be  pleaded. 

§  1.  Every  person  who  shall  fight  a  duel  with  any  deadly  Fighting  duels. 
weapon,  although  no  death  ensue,  shall,  upon  conviction,  be 

*  The  evil  of  drunkenness  would  seem  to  have  been  early  felt  in  the  province  of  New- 
York.  As  long  ago  as  the  18th  of  September,  1708,  an  act  was  passed  by  the  Provincial 
Assembly,  (V.  S.  vol.  1,  p.  72,)  imposing  penalties  upon  persons  guilty  of  drunkenness.  The 
act  declares  that  drunkenness  shall  be  deemed  an  offence,  and  authorizes  justices  to  impose 
a  fine  of  three  shillings  for  every-  offence ;  and  if  not  paid,  the  offender  may'be  committed  to 
the  stoclcs.  Slaves  guilty  of  the  offence  are  directed  by  the  act  to  be  vviiipped,  not  exceed- 
ing forty  lashes.  This  act  continued  in  force  until  the  commencement  of  the  revolutionary 
war.    After  the  termination  of  the  war,  the  attention  of  the  legislature  of  the  state  was  ' 

directed  to  this  growing  evil.  By  an  act  passed  February  23, 1782,  J.  &  V.  vol.  2,  p.  257, 
the  same  penalty  for  a  conviction  of  drunkenness  is  continued,  with  the  exception  of  whip- 
ping. The  form  of  the  conviction  is  given,  and  all  mayors,  recorders,  aldermen,  and  jusHces 
are  required  to  put  the  act  in  execution.  This  latter  act  is  incorporated  in  the  Revision 
K.&R.  vol.  ],p.  227.  (1801.) 

25 


194  DUELLING. 

punished  by  imprisonment  in  a  state  prison  for  a  term  not 
exceeding  ten  years.  v 

Sending,  fee.  §  2.  Evcrv  person  who  shaU  challens^e  another  to  fight 
ces^ai-ies  to  duels,  such  ducl,  or  who  shall  Send  or  deliver  any  written  or  verbal 
message,  purporting  or  intended  to  be  such  challenge  ;  or 
who  shall.accept  any  such  challenge  or  message;  or  who 
shall  knowingly  carry  or  deliver  any  such  challenge  or  mes- 
sage ;  or  who  shall  be  present  at  the  time  of  fighting  any  duel 
with  deadly  weapons,  either  as  second,  aid  or  surgeon;  or 
who  shall  advise  or  give  any  countenance  or  assistance  to 
such  duel ;  shall,  upon  conviction,  be  punished  by  imprison- 
ment in  a  state  prison  for  a  term  not  exceeding  seven 
years.  (43) 

nm-ndcra  to  tcs-  ^  3.  Evcry  pcrsou  offending  against  either  of  the  provi- 
sions in  the  two  last  sections,  shall  be  a  competent  witness 
against  any  other  person  offending  in  the  same  transaction, 
and  may  be  compelled  to  appear  and  give  evidence  before 
any  grand  jury  or  in  any  court,  in  the  same  manner  as  other 
>  persons  ;  but  the  testimony  so  given  shall  not  be  used  in  any 
prosecution  or  proceeding,  civil  or  criminal,  against  the  per- 
son so  testifying. 

Disqualification  §  4.  Evcry  pcrsou  couvictcd  of  a  violation  of  the  first 
section  of  this  Title,  shall  be  incapable  of  holding  or  being 
elected  or  a])pointed  to  any  office,  place  or  post  of  trust  or 
emolument,  civil  or  military,  under  the  constitution  and  laws 
of  this  state.  (44) 

Inhabitants  ?iv .  §  5.  If  any  inhabitant  of  this  state,  shall  leave  the  same, 
&c.  ourof'uS  for  the  purpose  of  eluding  the  operation  of  the  provisions 
herein  contained  respecting  duelling,  or  challenges  to  fight, 
with  the  intent  of.  giving  or  receiving  any  challenge  herein 
prohibited,  or  of  aiding  or  abetting  in  giving  ojy  receiving 
such  challenge,  and  shall  give  or  receive  any  such  challenge, 
or  shall  aid  and  abet  in  giving  and  receiving  the  same,  with- 
out this  state,  he  shall  be  deemed  as  guilty,  and  shall  be  sub- 
ject to  the  like  punishment,  as  if  the  offence  had  been  com- 
mitted within  this  state.  (45) 

(43)  LawB  of  1828,  p.  431,  §  2.     (44)  hn^f  of  1817,  j).  3,  »ee.  1.     (45)  Lawf  of  ial6,  p.  4,  ^  5. 


DUELLING.  195 

§  6.  Every  such  ofiender  specified  in  the  last  section,  may  Place  of  trial. 
be  indicted  and  brought  to  trial  in  any  county  in  this  state, 
which  shall  be  designated  by  the  governor  for  that  purpose, 
and  where,  in  his  opinion,  the  evidence  c^n  be  most  conveni- 
ently obtained  and  produced.  (45) 

§  7.  Every  such  offender  may  plead  a  former  conviction   Former  convic- 
or  acquittal  for  the  same  offence',  in  another  state  or  country  ; 
and  if  such  plea  be  admitted  or  established,  it  shall  be  a  bar 
to  any  further  or  other  procee4ings  against  such  person,  for 
the  same  offence.* 

(45)  Laws  of  181C,  p.  4,  section  5. 
*  The  evil  consequences  of  duelling  has  long  boon  felt  in  the  state  of  New-York  by  the 
loss  of  many  valiiaMc  liv(!S,  and  has  caused  much  distress  and  anguish  in  families.  The 
first  notice  of  this  evil  by  the  legislature  appears  to  have  been  by  a  statute  passed  AprW  2, 
1803,  W.  p.  334.  And  it  must  be  admitted  that  it  is  a  pretty  strong  evidence  of  the  inveteracy 
.  of  custom,  founded  upon  the  self  love  and  pride  of  our  nature,  that  our  statute  book  should 
have  been  so  long  silent  upon  a  practice  so  injurious  in  its  consequenses  to  the  best  interests 
of  society.  This  act  imposes  upOn  ciiizens/iithtins  a  duel  or  giving  or  accepting  a  challenge 
or  being  in  any  way  concerned  therein,  disqualitication  of  any  office  of  honor,  profit  or 
trust.  And  it  imposes  a  penalty  of  iniprisonment  in  the  state  prison  at  hard  labour  not  ex- 
ceeding sevenyears,  or  a  fine  not  exceeding  five  hundred  dollars,  atthe  discretion  of  tlie  court, 
upon  persons  not  being  ciiizens,  for  violating  the  act.  This  act  is  incorporated  in  the  revision 
of  1813,  vol.  2,  p.  11)2,  and  is  rei)ealed  by  an  act  passed  :>'ov.  5,  IblO,  vol.  4,  p.  207,  which 
contains  some  new  provisions  enjoining  members  of  senate  and  assembly  and  other  oflicera 
to  take  an  oath  against  duelling,  and  gives  the  form  of  the  oath,  and  provides  for  persona 
going  out  of  the  state  to  fight  dusls  with  a  view  to  elude  the  act.  This  was  followed  l)y  an 
act  passed  April  21,  1828,  p.  431.  They  arc  both  repealed  by  the  repcaHng  act  of  December 
10,  1828,  3  Rev.  Laws,  p.  12<). 


196  ELECTIONS — qualifications  of  electors. 


Revised  Statutes,  Vol.  1,  p.  120. 

CHAR  yj. 

of  elections,  other  than  for  militia  and  town  officers. 

Title  1. — Of  the  qualifications,  disabilities,  and  privileges  of  electors. 

Title  2. — Of  general  and  special  elections ;  the  time  and  purpose  of  holding  them,  and 
the  persons  by  whom  held. 

Title  3.— Of  the  mode  of  notifying  general  and  special  elections. 

Title  4.— Of  the  manner  of  conducting  elections. 

Title  5.— Of  the  final  canvass,  and  tiie  mode  of  declaring  and  certifying  the  result. 

Title  C. — Of  the  election  of  representatives  in  congress,  electors  of  president  and  vice- 
president,  and  senators  in  congress. 

Title  7.— Penalties  for  violating  the  provisions  of  tJiis  chapter,  and  for  misconduct  at 
elections. 

Title  fi.— Miscellaneous  provisions. 

TITLE   I. 

OF  THE  QUALIFICATIONS,  DISABILITIES,  AND  PRIVILEGES  OF 
ELECTORS. 

Sect.  1.  Qualifications  of  voters,  except  persons  of  colour. 

2.  Qualifications  of  persons  of  colour. 

3.  Persons  convicted  of  infamous  crimes  not  to  vote  unless  pardoned. 

4.  No  civil  process  to  be  served  on  an  elector  during  election. 

Qualification?,  §  1.  Evory  male  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been  an  inhabitant  of  this  state  one  year  next 
preceding  any  election,  and  for  the  last  six  months  a  resident 
of  the  county  where  he  may  offer  his  vote,  is  entitled  to  vote 
in  the  town  or  ward  where  he  actually  resides,  and  not  else- 
where, for  all  officers  that  now  are,  or  hereafter  may  be, 
elected  by  the  people.  (1) 

Ibid.  §  2.  No  man  of  colour  can  vote  at  any  such  election,  unless 

he  sha#  have  been  for  three  years  a  citizen  of  this  state,  and 
^  for  om  year  next  preceding  the  election  at  which  he  shall 

offer  his  vote,  shall  have  been  seized  and  possessed  of  a  free- 
hold estate  of  the  value  of  two  hundred  and  fifty  dollars,  over 

(1)  First  amendment  to  constitution. 


ELECTIONS GENERAL  AND  SPECIAL.  197 

and  above  all  debts  and  incumbrances  charged  thereon ;  and 
shall  have  been  actually  rated  and  paid  a  tax  thereon.  (2) 

§  3.  No  person  who  shall  have  been  convicted,  within  this    Disabuuea. 
state,  of  an  iniamous  crime,  at  any  time  previous  to  an  elec- 
tion, shall  be  permitted  to  vote  thereat ;  unless  he  shall  have 
been  pardoned  by  the  executive,  and  by  the  terms  of  such 
pardon  restored  to  all  the  rights  of  a  citizen.(3) 

§  4.  Whenever  an  election  shall  be  held  in  any  city  or  town    Privilege*, 
pursuant  to  this  chapter,  no  civil  process  shall  be  served  in 
such  city  or  town  on  any  elector  entitled  to  vote  therein,  on 
either  of  the  days  during  which  such  election  shall  be  held. (4) 


TITLE  II. 


OF  GENERAL  AND  SPECIAL  ELECTIONS  ;    THE  TIME  AND  PURPOSE 
OF  HOLDING  THEM  1    AND  THE  PERSONS  BY  WHOM  HELD. 


Sect.  1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 


General  ejections  defined. 

Register  and  clerk  of  Now  York  to  be  chosen  at  general  elections. 

Special  elections  defined. 

Elections,  when  to  be  held. 

Duration  of  elections. 

In  what  cases  special  elections  are  to  be  held. 

When  special  election  is  not  held,  vacancy  to  be  filled  at  next  general  election. 

Vacancies  in  office  of  representatives  in  congress,  senator,  &c.  to  be  filled  at  general 
election. 

Vacancies  not  filled  at  a  general  election,  to  be  supphed  by  special  election. 

Special  elections,  by  whom  ordered. 

Contents  of  the  proclamation  of  governor  ordering  special  election. 

Elections  in  New- York,  Albany,  Troy,  and  Schenectady,  to  be  by  wards ;  in  Brook- 
lyn, by  districts  ;  and  in  other  phaces,  by  towns. 

Supervisor,  &c.  inspectors  in  towns. 

Common  council  in  New-York,  Albany,  Troy,  and  Schenectady,  and  trustees  of 
Brooklyn,  to  choose  inspectors. 

Persons  so  chosen  to  be  inspectors  of  all  special  elections  held  within  the  year, 

Twoof  them  may  act.    Vacancies,  how  supplied. 


§  1.  General  elections  are  such  as  are  held  at  the  same  General  elections, 
time  in  every  county,  for  the  election  of  all  or  some  of  the 
following  officers,  namely :    governor,  lieutenant-governor, 
senators,  members  of  assembly,  sheriffs,  clerks  of  counties,  ^ 

coroners,  justices  of  the  peace,  representatives  in  congress, 
and  electors  of  president  and  vice-president. 


(2)  Cons.  art.  2,  section  1.        (3)  Laws  of  1822,  p.  280.  section  25.         (4)  Ibid.  sect.  22. 


198  ELECTIONS-rWHEN   HELD. 


General  elec- 
tiuDi. 


§  2.  The  register  and  clerk  of  the  city  and  county  of  New- 
York  shall  also  be  chosen  at  a  ireneral  election. 


&' 


Special  elections.  §  3.  Special  clcctions  are  such  as  are  held  only  in  a  par- 
ticular district  or  county,  at  a  time  when  no  general  election 
is  held,  for  the  choice  of  one  or  more  of  the  officers  proper  to 
be  chosen  at  a  general  election. 

When  held,  §  4.  General  elections  shall  be  held  on  the  first  Monday  of 
November  in  every  year ; (5)  special  elections  at  the  times 
and  places  of  which  legal  notice  shall  have  been  given;  but 
no  special  election  shall  be  held  within  forty  days  previously 
to  a  general  election. 

Duration.  §  5.  General  elections  shall  be  held,  and  continued  by  ad- 

journment, for  three  days  in  succession;  (6)  special  elections 
shall  be  so  held  for  two  days  only. 

Special  elections.      §  6.  Special  clcctions  shall  be  held  in  the  following  cases  : 
■  va«ancie3.  1.  When  an  officer  other  than  a  governor,  lieutenant-gov- 

ernor and  elector  of  president  and  vice-president  proper  to 
be  chosen  at  a  general  election,  shall  not  have  been  chosen 
by  reason  of  two  or  more  candidates  having  received  an 
equal  number  of  votes  for  the  same  office. 

2.  When  the  right  of  office  of  a  person  elected  to  the  of- 
fice of  a  senator,  member  of  the  assembly,  sheriff",  or  clerk  of 
any  county,  or  sheriff,  clerk,  or  register  of  the  city  and  coun- 
tv  of  New- York,  shall  cease  before  the  commencement  of 
the  term  of  service  for  which  such  officer  shall  have  been 
elected. 

3.  When  a  vacancy  occurs  in  the  office  of  any  member 
of  assembly  after  the  last  day  of  December  in  any  year,  and 
before  the  first  day  of  February  following,  if  such  vacancy 
shall  deprive  a  county  of  its  entire  representation. (7) 

Ibid.  §  7.  When  a  special  election  shall  not  have  taken  place  as 

required  by  law,  the  vacancy  which  ought  to  have  been  sup- 
plied by  such  election  shall  be  supplied  at  the  next  general 
election. 

^^''^-  §  8,  All  vacancies  in  the  office  of  representative  in  con- 

(S)  Laws  of  182*,  p.  2fi7,  sec.  1.        (6)  lb.  (7)  lb.  p.  278,  •ec.  18.  1823,  p.  418,  kc.  1 ; 

Ifaf ,  p.  279,  »cc.  1  &  .1. 


ELECTIONS— now  held.  199 

grcss,  senator,  justice  of  the  peace,  sheriff*  and  clerk  of  any 
county,  or  sheriff,  clerk,  or  register  of  the  city  and  county  of 
New- York,  shall  be  supplied  at  the  general  election  next  suc- 
ceeding the  happening  thereof;  but  when  the  term  of  ser- 
vice of  any  such  officer  will  expire  at  the  end  of  the  year  du- 
ring which  the  ;  vacancy  in  his  office  shall  occur,  no  person 
shall  be  chosen  to  supply  such  vacancy,  but  the  usual  elec- 
tion shall  be  held  for  a  new  officer  to  hold  during  the  consti- 
tutional term. 


Vacancies. 


§  9.  If  a  vacancy  proper  to  be  supplied  at  a  general  elec- 
tion, shall  not  have  been  supplied  at  the  general  election  next 
succeeding  the  happening  thereof,  a  special  election  to  sup-     ^ 
ply  such  vacancy  shall  then  be  held. 

§  10.  Special  elections  in  the  ffrst  case  provided  for  in  the  ib.  how  ordered, 
sixth  section  of  this  Title,  shall  be  ordered  by  the  board  of 
canvassers  having  the  power  to  determine  on  the  election  of 
the  officer  omitted  to  be  chosen ;  in  all  other  cases,  such 
elections  shall  be  ordered  by  the  governor,  who  shall  issue 
•  his  proclamation  therefor.  (8) 


rroclainilion. 


§  11.  Such  proclamation  shall  specify  the  county  or  dis- 
trict in  which  such  special  election  is  to  he,  held ;  the  cause 
r)f  such  election ;  the  name  of  the  officer  in  whose  office  the 
vacancy  has  occured  ;  the  time  when  his  term  of  office  will 
expire ;  and  the  day  on  w^iich  such  election  is  to  be  held, 
which  shall  not  be  less  than  thirty  nor  more  than  forty  days 
from  the  date  of  the  proclamation.  (9)  ' 

/       §  12.  Elections  in  the  cities  of  New- York,  Albany,  Troy     Elections  how 
and  Schenectady,  shall  be  by  wards  ;  in  the  village  of  Brook- 
lyn, by  districts  ;  and  in  all  the  other  parts  of  the  state,  by 
towns.  (10) 

§  13.  The  supervisor,  assessors  and   town  cleHi  of  each     inBpectore. 
town,  shall  be  the  inspectors  of  elections  in  such  town.(ll) 

§  14.   The  common  councils  of  the  cities  of  New- York,  Al-       ibid, 
bany,  Troy  and  Schenectady,  at  their  usual  place  of  meeting 

(8)  Tiavvs  of  182r>,  p.'  -279,  sec.  1  &.  Siilfiwfs  of  1^23,  p.  418.  sec.  1.     (9)  lb.  , 

'  10)  Laws  or  IWS,  p.  i.'G7,  bcc.  I.        (11)  lb.  ic«..  2. 


200 


ELECTIONS— -i^oTiPicATioN  of. 


in  each  of  said  cities,  and  the  trustees  of  the  village  of  Brook- 
lyn, at  their  usual  place  of  meeting  in  said  village,  shall,  on 
or  before  the  second  Monday  of  October  in  every  year,  by 
plurality  of  voices,  choose  from  among  the  electors  actually 
resident  in  each  ward  of  the  said  cities,  and  in  each  district 
of  said  village  of  Brooklyn,  three  persons  for  inspectors  of 
the  general  election  then  next  to  be  holden  in  such  ward  or 
district.  (11) 

Inspectors.  §  15.  The  persons  so  chosen  shall  also  be  inspectors  of  all 

special  elections,  which  may  be  held  in  their  respective  cities 
or  village,  during  the  ensuing  year.  (12) 

Ibid.  §  16.  Any  two  of  such  inspectors  may  act ;  and  in  case  of 

the  death  or  inability  of  either  of  them  to  act,  the  common 
council,  or  trustees,  may  thereafter  appoint  another  in  his 
place.(12) 


TITLE  IIL 


OF  THE  MODE  OF  NOTIFYING  GENERAL  AND  SPECIAL  ELECTIONS. 


Art.  1.— Of  the  notice  to  be  given  by  the  secretary  of  state. 
Art.  2. — Of  the  notices  to  be  given  by  tlie  county  and  state  canvassers. 
Art.  3.— Of  the  notices  to  be  given  by  the  sheriff,  clerk  or  first  judge,  and  by  the  in- 
spectors. 


ARTICLE  FIRST. 


OF  THE  NOTICE  TO  BE  GIVEN  BY  THE  SECRETARY  OF  STATE. 


Governor's  elec- 
tion. 


Sec.  1.  Secretary  of  state  to  give  notice  of  election  of  governor  and  lieutenant-governor. 

2.  To  give  notice  of  the  names  of  senators  whose  term  of  service  will  expire. 

3.  When  there  is  a  vacancy  to  be  filled  at  a  general  election,  to  give  notice  thereof. 

4.  When  special  election  is  ordered  by  governor,  secretary  of  state  to  deliver  copy  of 

proclamation. 

5.  Copy  of  every  notice  issued  by  secretary  of  state,  and  proclamation  of  governor, 

to  be  published. 

^  1.  The  secretary  of  state  shall,  once  in  every  two  years, 
between  the  first  day  of  July  and  the  first  day  of  September, 
immediately  preceding  the  expiration  of  the  term  of  office 
of  the  Governor  and  Lieutenant-Governor  last  chosen  direct 


(11)  Laws  of  1822,  p.  267,  sec.  2.        (12)  lb.  sec.  18;  laws  of  1823,  p.  418,  sec.  1. 


ELECTIONS— NOTICE  or.  SOI 

and  cause  to  be  delivered  to  the  sheriff',  clerk  or  first  judge 
of  each  county,  a  notice  in  writing,  that  at  the  next  general 
election,  a  governor  and  lieutenant-governor  are  to  be 
elected.(13) 

§  2.  He  shall  also,  between  the  first  days  of  July  and  Sep- 
tember, in  each  year,  direct  and  cause  to  be  delivered  to  the 
sheriff,  clerk  or  first  judge  of  each  county,  a  notice  in  writ- 
ing, specifying  the  names  of  the  senators  for  the  district  to 
which  such  county  shall  belong,  w^hose  term  of  service  shall 
expire  on  the  last  day  of  December  thereafter.  (13) 

§  3.  If  any  vacancy  shall  exist  in  a  county  proper  to  be 
supplied  at  the  general  election,  she  shall  in  like  manner,  be- 
tween the  first  day  of  July  and  the  fifteenth  of  October  pre- 
vious to  such  election,  direct  and  cause  to  be  delivered  to  the 
sheriff,  clerk  or  first  judge  of  such  county,  a  notice  in  writ- 
ing, specifying  the  cause  of  such  vacancy ;  the  name  of  the 
officer  in  whose  office  it  has  occurred,  and  the  time  when  his 
term  of  office  shall  expire ;  and  if  any  such  vacancy  shall 
exist  in  a  district,  he  shall  in  like  manner  direct,  and  cause  to 
be  delivered  to  the  sheriff^  clerk  or  first  judge  of  each  county 
therein,  the  like  notice.  (14) 

§  4.  When  a  special  election  shall  have  been  ordered  by 
the  governor  in  a  county,  the  secretary  of  state  shall  forth- 
with cause  a  copy  of  the  governor's  proclamation  to  be  de- 
livered to  the  sheriff,  clerk  or  first  judge  of  such  county ; 
and  when  ordered  in  a  district,  to  the  sheriff',  clerk  or  first 
judge  of  each  county  therein. 

§  5.  The  secretary  of  state  shall  cause  a  copy  of  each    Publication. 
notice  issued  by  him,  and  of  each  proclamation  of  the  gover- 
nor, to  be  published  in  the  state  paper,  once  in  each  week, 
from  the  date  of  such  notice  or  proclamation,  until  the  elec- 
tion to  which  it  shall  refer. 

(18)  L»W8  of  1822,  p.  268,  sec.  3;  see  alsK)  Title  f*  oC  thj|  Chapter,  se«-.  9. 
(U)  rb.  Laws  of  1823!  p    41-^.  s^-rt.   1. 


26 


V, 

202  ELECTIONS— NOTICES  of,  by  whom  given. 

ARTICLE  SECOND. 

OF  THE  NOTICES  TO  BE  GIVEN  BY  THE  COUNTY  AND  STATE  CAN- 
VASSERS. 

Sect.  6.  When  a  special  election  is  necessary,  by  reason  of  an  equality  of  votes,  board  of 
canvassers  to  give  notice  thereof. 
7.  Notice,  by  whom  to  be  signed. 

When  and  hovy  §  6.  When  a  spccial  election  shall  be  necessary,  in  the 
case  of  an  equality  of  votes,  provided  for  in  the  second  Title 
of  this  Chapter,  the  board  of  canvassers  having  power  to 
determine  on  the  election  of  the  officer  omitted  to  be  chosen, 
shall,  w^ithout  delay,  direct  and  cause  to  be  delivered  to  the 
sheriff,  clerk  or  first  judge  of  each  county  in  the  district,  or 
of  the  county  in  which  such  election  is  to  be  held,  a  notice 
specifying  the  officer  to  be  chosen  ;  the  time  for  which  he  is 
to  be  chosen;  and  the  day  on  which  such  election  is  to  be 
held ;  which  day  shall  not  be  less  than  thirty,  nor  more  than 
forty  days  from  the  date  of  such  notice. 

How  Bigned.  §  7.  The  uoticc  of  such  an  election,  if  ordered  by  the 
board  of  state  canvassers,  shall  be  signed  by  the  secretary  of 
state,  and  if  ordered  by  the  county  canvassers,  by  the  chair- 
man and  clerk  of  the  board. 

ARTICLE'  THIRD. 

OF    THE    NOTICES    TO    BE    GIVEN    BY  THE    SHERIFF,     CLERK    OR 
FIRST    JUDGE,    AND    BY    THE    INSPECTORS. 

Sect.  8.  Sheriff,  ice.  receiving  notice  of  election,  to  give  notice  to  inspectora. 
t).  To  caut-e  notice  to  be  published. 
^  10.  Inspectors  receiving  notice,  to  give  notice  to  other  inspectors. 

11    Inspectors  to  give  eight  days'  notice  to  electors. 

12.  Notice  to  specify  officers  to  be  chosen. 

13.  Inspectors  to  cause  notices  to  be  posted. 

Notice  to  inspec-  ^  g^  rpj^^  sheriff,  clcrk  or  first  judge  of  each  county,  who 
shall  receive  a  notice  of  an  election,  shall,  without  delay, 
give  notice  in  writing  of  such  election,  to  oneof  the  inspec- 
tors of- elections  in  each  town  or  ward  in  his  county.  (15) 


Publication. 


§  9.  Such  sheriff,  clerk  or  first  judge  shall  also  cause  a 
copy  of  the  notice  to  be  published  in  all  the  public  newspa- 
pers printed  in  his  county,  if  there  be  any  ;  if  not,  then  in 

(.15;  Lavvi  of  1822,  p.  266,.  sec.  3 ;  1?54,  p.  418,  »oe.  1. 


ELECTIONS — NOTICES  of,  by  whom  given,  &c.  203 

some  newspaper  printed  in  an  adjoining  county,  once  in  eacii 
w^eek,  from  the  date  of  such  notice  until  the  election. 

§  10.  The  inspector  receiving  such  notice  shall,  without    inspectors. 
delay,  give  notice  thereof  in  writing  to  the  other  inspectors 
of  his  town  or  ward,  and  in  such  notice  shall  fix  a  time  and 
place"  for  the  meeting  of  the  board  of  inspectors.  (16) 


§  11.  The  inspectors  of  each  town  or  ward,  or  a  majority  ib.  notice  to eiec 
of  them,  shall  meet  at  the  time  and  place  so  appointed,  or  if 
such  meeting  shall  not  take  place*  at  such  other  time  and 
place  as  the  inspector  calling  the  meeting  shall  afterwards 
fix ;  and  shall,  by  notices  in  writing  under  their  hands,  give 
at  least  eight  days'  notice  to  the  electors  of  the  town  or 
ward,  of  the  time  and  place  at  which  such  election  is  to  be 
held  therein.  (16) 

§  12.  Each  notice'  shall  also  specify  the  officers  to  be  content*. 
chosen,  and  the  hour  of  opening,  adjourning  and  closing  the 
poll  of  the  election  on  each  day  thereof.  The  notice',  if  of  a 
general  election,  shall  also  state  whether  any  of  the  officeis 
then  to  be  chosen  are  to  supply  vacancies,  and  the  names  of 
those  in  w^hose  offices  such  vacancies  shall  have  occurred. 
If  the  notice  be  given  by  the  inspectors  of  a  town,  it  shall 
also  state  the  number  of  the  justices  of  the  peace  then  to  be 
chosen  in  such  town,  and  the  nam.cs  and  unexpired  time  of 
service  of  those  in  whose  offices  any  vacancy  then  to  be 
supplied,  shall  have  occurred.  (17) 

§  13.  The  inspectors  shall  cause  such  notices  to  be  post-  Howpoeted, 
ed  in  a  conspicuous  manner,  in  at  least  five  of  the  most  pub- 
He  places  of  their  town  or  ward.  (17) 

(16)  Laws  of  1822,  p.  26S,  sec.  4.        (17)  Ibid. 


304 


ELECTIONS — OF  board  of  inspectors  and  clerks. 


TITI.E  IV, 

OF    THE    MANNER    OF    CONDUCTING    ELECTIONS. 

A«T.  1.— Of  the  lomQation  of  the  board  of  inspectors,  and  the  appointment  of  clerki. 

Art.  2 Of  the  manner  of  voting,  and  of  challenges. 

Art.  3.~0f  the  duties  of  the  board  of  inspectors,  and  clerks  of  the  polL  ■ 
Aax.  4.— Of  the  canvass  and  estimate  of  the  votes  by  the  board  of  inspectors. 

ARTICLE  FIRST. 

OF  THE  FORMATION  OF  THB^  BOARD  OF  INSPECTORS  AND  THE 
APPOINTMENT  OF  CLERKS. 


Sect.  1. 
2. 
3. 
4. 
5. 
6. 
7. 


10. 


Inspectors  to  meet  at  place,  &c.  of  election,  and  to  organize. 

Supervisor  to  be  chairman  of  board. 

If  no  supervisor,  board  to  appoint  chairman. 

Chairman  to  swear  inspectors,  and  one  of  them  to  swear  him. 

Inspectors  to  appoint  two  clerks. 

Clerks  to  take  oath. 

Poll  then  to  be  opened,  and  proclamation  made. 

Kept  open  from  sun  rise  to  suu  down. 

In  New-York,  to  be  kept  open  from  nine  o'clock  till  sun  down. 

At  opening,  inspectors  to  give  notice  of  the  hour  of  adjournment. 


Board  to  be  form-  §  1.  The  inspectors  of  each  town  or  ward,  shall  meet  at 
the  time  and  place,  when  and  where',  an  election  shall  have 
been  appointed  to  be  held  therein,  and  shall  proceed  to  or- 
ganize themselves  as  a  board,  for  the  purpose  of  presiding 
at  and  conducting  such  election.  (17) 


Chairmnm. 


§  2.  Whenever  the  supervisor  shall  be  one  of  the  board, 
he  shall,  in  right  of  his  oilice,  be  chairman  thereof. 


Ibid. 


§  3.  If  the  supervisor  be  not  a  member  of  the  board, 
or  be  absent,  such  one  of  their  number  as  the  inspectors 
shall  appoint,  shall  be  chairman  of  the  board. 


OatbB.  §.  4.  The  chairman  of  the  board  shall  administer  to  the 

other  inspectors  the  oath  of  office,  as  prescribed  by  the  con- 
stitution, and  the  same  oath  shall  then  be  administered  to  the 
chairman,  by  one  of  the  other  inspectors.  (17) 


Clerics. 


§  5.  The  inspectors,  or  a  majority  of  them,  having  sever- 
ally taken  such  oath,  the  board  shall  then  appoint  two  clerks, 
to  be  called  clerks  of  the  polls.  (17) 


OT)  Laws  of  1632,  p.  2^8,  §  4. 


ELECTIONS— POLL,  opening  op.  205 

§  6.  The  clerks  shall  each  take  the  constitutional  oath  of      cierks. 
office,  which  shall  be  administered  to  them,  by  the  chairman 
of  the  board.  (17) 

§  7.  The  poll  of  the  election  shall  then  be  opened,  and  pro-    pou  opened, 
clamation  thereof  made;  and  proclamation  shall  also  be  made 
of  each  adjournment,  and  of  the  opening  and  closing  of  the 
poll,  on  each  day  of  the  election. (18) 


§  8.  The  poll  shall  be  kept  "open  in  the  day-time  only,  be- 
tween the  rising  and  setting  of  the  sun ;  and  shall  not  be  open- 
ed before,  nor  kept  open,  after  the  hour  of  which  the  inspec- 
tors shall  have  given  notice.  (18) 

§  9.  In  the  city  of  New- York  the  poll  shall  be  opened  at  or 
before  nine  o'clock  in  the  morning  of  each  day  on  which  the 
election  shall  be  held,  and  shall  be  kept  open  on  each  day  of 
such  election  until  the  setting  of  the  sun.  (19) 


Ibid. 


Ibid. 


§  10.  At  each  opening  of  the  poll  in  the  forenoon  the  in-  Adjournment, 
spectors  shall  give  notice  at  what  hour  on  that  day,  and  for 
how  long,  the  poll  will  be  adjourned,  if  any  adjournment  take 
place  ;  and  also  at  what  hour  the  poll  v/ill  be  closed  for  that 
day.(18) 

ARTICLE  SECOND. 

OF  THE  MANNER  OF  VOTING,  AND  OF  CHALLENGES. 

8ect.  11.  Electors  to  vote  by  ballot ;  ballot  to  be  folded. 

12.  Ballot  to  contain  the  names  of  the  person  voted  for.  » 

13.  What  words  to  be  on  outside. 

14.  Ballot,  how  endorsed. 

15.  Ballots,  how  prepared  at  a  general  election,  when  there  is  also  a  vacancy  to  be 

supplied. 

16.  At  congressional  election,  person  intended  to  fill  vacancy  to  be  designated. 
.17.  If  voter  be  challenged,  inspectors  to  state  qualifications. 

18.  Oath  of  person  challengf  d,  if  not  a  coloured  man. 

19.  Oath  of  coloured  persons. 

20.  If  pwson  challenged  refuse  to  swear,  his  vote  to  be  rejected. 

21.  Challenge  for  crimes,  hov/ proved.    Punishment  of  convicts  for  voting  when  not 

entitled  to  vote. 

§11.  The  electors  shall  vote  by  ballot,  and  each  person    Baiiot, 
offering  to  vote  shall  deliver  his  ballot,  so  folded  as  to  con- 
ceal the  contents,  to  one  of  the  inspectors,  in  the  presence  of 
the  board.  (20) 

(H)  Ltw»  of  18??,  p.  2W,  $  4.         (18)  IH.  (10)  lb.  «er.  5.         f 30)  lb.  p.  26:,  U.  7. 


206  ELECTIONS— MANNER  OF  VOTINa. 

Its  form.  §  12.  The  ballot  shall  be  a  paper  ticket,  which  shall  con- 

tain, written  or  printed,  or  partly  written  and  partly  printed, 
the  names  of  the  persons  for  whom  the  elector  intends  to  vote, 
and  shall  designate  the  office  to  which  each  person  so  named 
is  intended  by  him  to  be  chosen :  but  no  ballot  shall  contain 
a  greater  number  of  names  of  persons  as  designated  to  any 
office,  than  there  are  persons  to  be  chosen  at  the  election  to 
fi^i  such  office.(2^> 

EndoVsement.  §  13.  On  the  outcr  sidc  of  each  ballot  when  folded,  shall  ap- 
pear, written  or  printed,  one  of  ihe  following  words :  "  State," 
*'  Congress,"  "  County,"  or  "  Justices  ;"  but  no  ballot  found 
in  the  proper  box  shall  i'e  vojected  for  want  of  such  endorse- 
ment. 

Contents.       §  14.  The  ballot  endorsed  "State,"  shall  contain  the  names 

State.  <^^  the  persons  designated  by  the  elector  for  the  offices  of 
governor,  lieutenant-governor  and  senator,  any  or  either  of 
them ; 

Congress.  That  cudorscd  "Congress,"  the  names  of  the  persons  de- 
signated for  the  office  of  representative  in  congress,  and 
elector  of  president  and  vice-president,  any  or  either  of  them ; 

County.  The  ballot  endorsed  "  County,"  the  names  of  the  persons 
designated  for  the  office  of  member  of  assembly,  and  the 
county  officers  to  be  chosen  at  such  election,  any  or  either  of 
them ; 

And  the  ballot  endorsed  "  Justices,"  the  names  of  the  per- 
sons designated  for  the  office  of  justice  of  the  peace  in  the 
town  in  which  the  election  is  held. (22) 

§  15.  If  at  a  general  election  there  be  one  or  more  va- 
cancies to  be  supplied  in  the  office  of  senator,  or  in  the  office 
of  justice  of  the  peace,  and  at  the  same  election  a  senator  or 
justice  is  to  be  elected  for  four  years,  it  shall  not  be  neces- 
sary to  designate  on  the  ballot  for  which  term  the  person 
voted  for  is  intended,  but  it  shall  afterwards  be  determined 
by  lot,  for  which  term  the  persons  respectively  elected  shall 
serve,  without  regarding  any  de'signation.(23) 

§  16.  If  at  a  general  election  for  representatives  in  con- 
gress, any  person  named  in  a  congress  ballot,  shall  be  intended 

(•21)  T-a\V5  of  182-2,  p.  %-:,  ^  7.  (82)  Ibid.  (23)  LawTi  of  ]P24.  p.  317. 


ELECTIONS MANNER  OF  VOTING  AND  CHALLENGING.  207 

to  supply  a  vacancy  in  the  office  of  such  representative,  the 
ballots  shall  designate  the  congress  for  v^^hich  each  person 
is  intended  to  be  chosen. 

§  17.  If  any  person  offering  to  vote  shall  be  challenged  as    challenges. 
unquahfied,  by  an  inspector,  or  by  any  other  person,  entitled 
to  vote  at  the  same  poll,  the  board  of  inspectors  shall  declare 
to  the  person  so  challenged,  the  quahfications  of  an  elector. 


§  18.  If  he  shall  state  himself  to  be  duly  qualified,  and  the 
challenge  shall  not  be  withdrawn,  one  of  the  inspectors  shall 
then  tender  to  him,  the  following  oath : 

"  You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  of  the  age  of  twenty-one  years  ;  that  you 
have  been  an  inhabitant  of  this  state  for  one  year  next  pre- 
ceding this  election,  and  for  the  last  six  months  a  resident  of 
this  county ;  that  you  are  now  a  resident  of  this  town,  (or 
ward  as  the  case  may  be,)  and  that  you  have  not  voted  at 
this  election."(24) 


Oath. 


§  19.  If  the  person  so  ofiering  to  vote  be  a  coloured  man,  ibid, 
the  following  oath  shall  be  tendered  to  him:  "  You  do  swear 
(or  affirm)  that  you  are  of  the  age  of  twenty-one  years  ;  that 
for  three  years  you  have  been  a  citizen  of  this  state  ;  that 
you  have  been  an  inhabitant  of  this  state  for  one  year  next 
preceding  this  election,  and  during  that  time  have  been,  and 
that  you  now  are,  seized  and  possessed  of  a  freehold  estate 
of  the  value  of  two  hundred  and  fifty  dollars,  over  and  above 
all  debts  and  incumbrances  charged  thereon,  and  have  been 
actually  rated  and  paid  a  tax  thereon ;  that  you  have  been 
for  the  last  six  months  a  resident  of  this  county,  that  you  are 
now  a  resident  of  this  town,  (or  ward,  as  the  case  may  be,) 
and  that  you  have  not  voted  at  this  election.  (25) 

§  20.  If  any  person  shall  refuse  to  take  the   oath  so  ten-     ibid, 
dered,  his  vote  shall  be  rejected.  (25) 


§  21.  If  a  person  be. challenged  as  convicted  of  an  infa- 
mous crime,  he  shall  not  be  required  to  answer  any  questions 
in  relation  to  such  alleged  conviction  ;  nor  shall  any  proof  of 


[Zi)  La^  of  1522,  p.  'J71.  <^d. 


:v'.5:  Ibid. 


Challenge  a«  a 
convict. 


208  ELECTIONS — duties  of  inspectors,  &c. 

such  conviction  be  received,  other  than  a  duly  authenticated 
record  thereof;  but  if  any  person  so  convicted,  shall  vote  at 
any  such  election,  unless  he  shall  have  been  pardoned  and  re- 
stored to  all  the  rights  of  a  citizen,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  imprisoned  in 
the  county  jail  for  the  term  of  six  months. 

ARTICLE  THIRD. 

OF  THE  DUTIES  OF  THE  BOARD  OF  INSPECTORS,  AND  CLERKS 
OF  THE  POLL, 

■  Sect.  22.  Ballot  boxes  to  be  kept  at  general  elections. 

23.  Boxes  to  be  kept  at  special  elections. 

24.  Eachboxtohavti  lock  and  key;  when  to  be  opened  and  shut,  and  who  tokeep>cc7i. 

25.  Opening  in  lid  to  be  made  for  the  ballots. 

26.  Ballot,  when  received,  to  be  deposited  in  box,  without  being  opened. 

27.  Clerks  of  the  poll,  to  keep  poll  lists.    Contents  of  the  lists. 

28.  Names  of  voters,  how  to  be  entered  on  poll  lists. 

29.  At  each  adjourinient  of  poll,  lists  to  be  compared,  and  placed  in  boxes* 

30.  Boxes  then  to  be  locked  and  sealed. 

31.  Ktys  and  boxes  to  be  delivered  to  separate  inspectors. 

32.  Inspector  having  keys,  to  deliver  them  to  board  at  opening  of  poll- 

33.  Inspector  having  bo.x£s,  to  deliver  same  to  board  at  opening  of  poll. 

34.  Seals  then  to  be  broken,  and  boxes  opened. 

35.  Inspectors  to  challenge  persons  whom  they  suspect  not  qualified. 

36.  Board  to  have  power  to  preserve  order. 

37.  May  commit  disorderly  persons  to  jail. 

38.  By  whom  order  for  commitment  to  be  executed. 

Ballot  boic!.  ^  22.  At  each  general  election,  the  board  of  inspectors 
shall  provide  and  keep  two  boxes,  one  to  be  entitled  the 
"  State  Box,"  another  the  "  County  Box,"  and  for  the  elec- 
tion of  justices  in  each  town  a  third  box  shall  be  kept,  to  be 
entitled  the  "  Justice's  Box."  If  representatives  in  congress 
or  electors  of  president  and  vice-president,  are  to  be  chosen, 
an  additional  box  shall  be  kept,  to  be  entitled  the  "  Congress 
Box."  (26)     . 

Ibid.  §  23.  At  a  special  election,  so  many  only   of  such  boxes 

shall  be  kept,  as  shall  be  requisite  for  depositing  therein  the 
ballots  of  the  persons  voting  for  the  officers  directed  to  be 
chosen,  at  such  election. 

Ibid.  §  24*  Each  box  shall  be  provided  with  a  sufficient  lock, 

and  shall  be  locked  before  the  opening  of  the  poll,  and  the 
keys  thereof  delivered  to  one  of  the  inspectors  to  be  appoint- 

:2C)  Laws  of  .l??e.  p.  5S?,  ^  <5  &  T.     ^{tTj  Ik. 


ELECTIONS BALLOT-BOXES  AND  POLL  LISTS.  209 

ed  by  the  board :  and  shall  not  be  opened  during  the  election, 
except  in  the  manner  and  for  the  purposes  herein  after  men- 
tioned. (27) 

§  25.  An  opening  shall  be  made  in  the  lid  of  each  box,  not        ibid, 
lai'ger  than  shall  be  sufficient  for  a  single  closed  ballot  to  be 
inserted  therein  at  one  time,  through  which,  each  ballot  re- 
ceived, proper  to  be  placed  in  such  box,  shall  be  inserted.  (27) 


\ 


§  26.  When  the  board  shall  have  finally  received  the  bal-    Baiiota  depo«^ 

^  '  ited. 

lot  of  an  elector,  one  of  the  inspectors,  without  opening  the 
same,  or  permitting  it  to  be  opened  or  examined,  shall  deposit 
it  in  the  box  corresponding  in  title  with  the  endorsement  of 
the  bal  lot.  (27) 

§  27.  Each  clerk  of  the  poll  shall  keep  a  poll  list,  which      Poiiiists. 
shall  contain  one  column  headed  "  Names  of  Voters,"  and  so 
many  additional  columns  as  there  are  boxes  kept  at  the  elec- 
tion.    The  heading  of  each  additional  column  shall  corres- 
pond with  the  name  of  one  of  the  boxes  so  kept. 

§  28.  The  name  of  each  elector  voting,  shall  be  entered  by  iMd. 
each  clerk,  in  the  column  of  his  poll  Hst,  headed  "names  of 
voters  ;"  and  opposite  such  name,  shall  bo  written  the  figure 
1  in  each  remaining  column  of  such  poll  list,  corresponding 
in  its  heading,  with  the  name  of  a  box  in  which  a  ballot  of 
the  elector  shall  have  been  deposited. 

§  29.  At  each  adjournment  of  the  poll,  the  clerks  shall,  in  poSS"'"*"  ""^ 
the  presence  of  the  inspectors,  compare  their  respective  poll 
lists,  compute  and  set  down  the  number  of  the  votes  in  each 
column,  and  correct  all  mistakes  that  may  be  discovered,  ac- 
cording to  the  decision  of  the  board,  until  such  poll  lists  and 
their  several  columns,  shall  be  made  in  all  respects  to  corres- 
pond. The  boxes  shall  then  be  opened,  and  the  poll  lists  be 
placed  therein.  (27)  , 

§  30.  Each  box  shall  then  a^ain  be  locked,  and  the  seal  of  ^?^^stobe  lock- 
one  or  more  of  the  inspectors,  so  placed  thereon  as  to  cover 
entirely  the  opening  in  the  lid.  (27) 

(27)  Laws  of  1822,  p.  26P,  <\  6  6.  7. 

27 


210  ELECTIONS— OF  the  ballot-boxes. 


Ibid. 


§  31.  The  keys  shall  then  be  delivered  to  one  of  the  in- 
spectors, arid  the  boxes  to  another,  to  be  designated  by  the 
board.  (27) 

Ibid.  §  32.  The  inspector  having  the  keys  shall  keep  the  same 

in  his  own  possession,  and  deliver  them  again  to  the  board 

at  the  next  opening  of  the  poll.  (27) 

Ibid.  §  33.  The  inspector  having  the  boxes,  shall  carefully  keep 

them  without  opening,  or  suffering  them  to  be  opened,  or  the 
seals  thereof  to  be  broken  or  removed ;  and  shall  publicly 
deliver  them,  in  that  state,  to  the  board  of  inspectors  at  the 
next  opening  of  the  poll.  (27) 


IbiJ. 


§  34.  At  that  time  the  seals  shall  be  broken,  the  boxes 
opened,  the  poll  lists  taken  out,  and  the  boxes  again  locked ; 
and  the  same  course  shall  be  observed,  until  the  poll  of  the 
election  shall  be  finally  closed.  (28) 

d!aiTe*nge.  ^^  ^  ^^'  ^^  ^^^^^^  ^^  ^^^®  ^^^^^  ^^  ^^^^  inspcctor  to  challenge 
every  person  offering  to  vote,  whom  he  shall  know  or  sus- 
pect not  to  be  duly  qualified  as  an  elector. (29) 

To  preserve  order  ^  3^^  ^ho  board  of  inspcctors  shall  posscss  full  authority 
to  maintain  regularity  and  order,  and  to  enforce  obedience  to 
tlieir  lawful  commands  during  an  election,  and  during  the 
canvass  and  estimate  of  the  votes,  after  the  closing  of  the  poll. 

Ibid.  §  37.  If  any  person  shall  refuse  to  obey  the  lawful  com- 

mands of  the  inspectors,  or  by  disorderly  conduct  in  their 
presence  or  hearing,  shall  interrupt  or  disturb  their  proceed- 
ings, they  may,  by  an  order  in  writing,  commit  the  person  so 
offending  to  the  common  jail  of  the  county,  for  a  period  not 
exceeding  thirty  days.(30) 

Ibid.  §  38.  Such  order  shall  be  executed  by  any  sheriff  or  con- 

stable to  whom  the  same  shall  be  delivered ;  or  if  none  shall 
be  present,  by  any  other  person  deputed  by  such  board,  in 

writing. 

(27)  LaAvs  of  1822,  p.  269,  section  6,  7.        (28)  Ibid.       (29)  lb.  sec  8.      (30)  lb.  sec.  12 


ELECTIONS CANVASSING  WHEN  AND  HOW  MADE.  21 1 


ARTICLE  FOURTH. 

OF  THE  CANVASS  AND  ESTIMATE  OF  THE  VOTES  BY  THE  BOARD 
OF  INSPICTORS. 

BicT.  39.  Board  to  determine  whether  they  will  then  can%')ass  or  adjourn. 

40.  If  canvass  adjourned,  what  to  be  done  with  boxes,  &;c. 

41.  Canvass  to  be  public.     When  to  be  completed. 

42.  Canvass  to  commence  by  a  comparison  of  poll  lists. 

43.  Ballots  to  be  counted.    If  two  folded  together,  to  be  destroyed. 

44.  Ballots  found  in  a  box  different  from  endorsement,  not  to  be  rejected. 

45.  If  the  ballots  exceed  the  number  mentioned  in  the  poll  list,  excess  to  be  destroyed. 

46.  If  poll  lists  and  ballots  agree,  votes  to  be  estimated. 

47.  Statement  of  result  to  be  drawn  up  by  inspectors. 

48.  Contents  of  statement. 

49.  Statement  to  be  delivered  to  one  of  the  inspectors. 

50.  Duplicate  to  be  delivered  to  town  clerk.  ^, 

51.  Poll  lists  and  ballets  to  be  destroyed,  and  board  disf-oived. 

52.  Inspectors  to  preserve  rejected  ballots. 

§  39.  As  soon  as  the  poll  of  an  election  sliall  have  finally  canvass  when 
closed,  the  board  shall  determine  whether  they  will  then  pro- 
ceed to  canvass  the  votes,  or  adjourn  the  canvass  to  some 
convenient  hour  of  the  next  day. 

§  40.  If  the  canvass  shall  be  so  adjourned,  the  same  course    ibid. 
shall  be  observed  in  relation  to  the  poll  lists,  boxes,  and  keys, 
as  is  required  to  be  observed  at  each  adjournment  of  the  poll. 

§  41.  The  canvass  shall  be  public,  and  shall  be  completed  nfaTe^^"^°'^ 
on  the  day  subsequent  to  the  closing  of  the  poll,  or  sooner ; 
except  in  the  city  of  New- York,  where  two  days  shall  be 
allowed  for  completing  the  same. 

§  42.  The  canvass  shall  commence,  bv  a  comparison  of    Proceeding! 

'  '      «  ^  thereat. 

the  poll  lists,  from  the  commencement,  and  a  correction  of 
any  mistakes  that  may  be  found  therein,  until  they  shall  be 
found  or  made  to  agree. 

§  43.  Each  box  being  opened,  the  ballots  contained  therein    ibid, 
shall  be  taken  out  and  counted  unopened,  except  so  far  as  to 
ascertain  that  each  ballot  is  single.     And  if  two  or  more  bal- 
lots shall  be  found  so  folded  together  as  to  present  the  ap- 
pearance of  a  single  ballot,  they  shall  be  destroyed. 

§  44.  No  ballot  properly  endorsed,  found  in  a  box  different    ibid. 
from  that  designated  by  its  endorsement,  shall  be  rejected,  but 


212  ELECTIONS — canvasslng,  when  and  how  made. 

shall  be  counted  in  the  same  nianner  as  if  found  in  the  box 
designated  by  such  endorsement. 

Ibid.  §  45.  If  the  ballots  shall  be  found  to  exceed  in  number  the 

whole  number  of  votes  on  the  correspondent  columns  of  the 
poll  lists,  they  shall  be  replaced  in  the  box,  and  one  of  the 
inspectors  shall  publicly  draw  out  and  destroy  so  many  bal- 
lots unopened,  as  shall  be  equal  to  such  excess. 

Ibid.  §  46.  The  ballots  and  numbers  on  the  poll  lists  agreeing, 

or  being  made  to  agree,  the  board  shall  then  proceed  to  can- 
vass and  estimate  the  votes. 

■\ 
stat*?mert  of        §  47.  The  cauvass  being  completed,  a  statement  of  the  re- 
sult shall  be  drawn  up  in  writing  by  the  inspectors,  w^hich  they 
shall  certify  to  be  correct,  and  subscribe  with  their  proper 
names. 

Ibid.  §  48.  Such  statement  shall  contain  in  w^ords,  written  at  full 

length,  the  whole  number  of  votes  given  for  each  office  at 
such  election  ;  the  names  of  the  persons  for  w^hom  such  votes 
for  such  office  were  given  ;  and  the  number  of  votes  so  given 
to  each  person. 

Ibid.  §  49.  The  board  of  inspectors  shall  deliver  the  statement 

so  certified  and  subscribed,  to  such  one  of  the  inspectors  as 
shall  be  appointed  by  the  board  to  attend  the  county  canvass. 

Ibid.  §  50.  A  duplicate  of  such  statement  shall  also  be  signed  by 

the  inspectors  at  the  same  time,  and  shall  be  immediately  de- 
livered to  the  town  clerk,  to  be  filed  and  preserved  by  him. 

Poll  lists  to  be       651.  The  poll  lists  and  ballots,  exceptino^  such  ballots  as  shall 

destroyed.  ^  .  '  1         o 

have  been  rejected  by  the  inspectors  as  imperfect,  shall  then 
be  destroyed,  and  the  board  of  inspectors  shall  be  dissolved. 

brp^rServed^' ^"^      §  52.  It  shalllie  the  duty  of  the  inspectors  of  elections  to 
preserve  a  true  copy  of  all  ballots  rejected  as  defective,  with' 
the  originals  attached,  and  deliver  the  same  to  the  town  clerk, 
to  be  filed  in  his  .office. (31) 

(31)  Tlif^  nvi,:..  i=  rhipflv  M  ;r.\i>al  nfsrriioi;  9   of  thr  art  of  18-22, 


ELECTIONS — BOARD  of  county  canvassers.  213 


TITLE  V. 

OF   THB   FINAL    CANVASS,   AND  THE  MODE  OF  DECLARING    AND 
CERTIFYING  THE  RESULT. 

Art  1.— Of  the  board  of  county  canvassers,  and  their  proceedings. 
Art.  2. — Of  the  duties  and  proce(!dings  of  the  county  clerk. 

Art.  3.— Of  the  duties  of  the  secretary  of  state,  previous  to  the  meeting  of  the  state  can- 
vassers. 
Art.  4. — Of  the  formation  and  proceedings  of  the  board  of  state  canvassers. 
Art.  5.— Of  the  subsequent  duties  of  the  secretary  of  state. 

ARTICLE  FIRST, 

OF  THE  BOARD  OF  COUNTY  CANVASSERS,  AND  THEIR  PRO- 
CEEDINGS. 

Firr.  1.  Who  to  form  board  of  coxmty  canvassers. 

2.  Board,  when  and  where  to  meet.    Chairman. 

3.  Clerk  of  county,  secretary  of  board. 

4.  Chairman  to  swear  members,  and  secretary  to  swear  Iiim. 

5.  Majority  of  inspectors  constitute  a  board. 

6.  Board  to  estimate  votes  from  original  statements  of  canvass. 

7.  To  make  a  separate  statement  of  votes  for  governor,  &c. 

8.  Contents  of  statements. 

9    Statements  to  be  attested  and  recorded. 

19.  Upon  statements  of  votes  for  assembly,  county  officers  and  justices  of  the  peace, 
board  to  determine  who  are  elected. 

11.  If  county  be  a  congress  district,  board  also  to  determine  who  arc  chosen  electors  of 

president. 

12.  A  certificate  of  each  determination  to  be  anne.xed  to  tlie  statement  upon  which  it  is 

made. 

13.  Copy  to  be  published. 

14.  If  votes  are  received  for  elector,  and  county  is  not  a  congress  district,  copy  of  state- 

ment to  be  transmitted  to  district  canvassers. 

15.  Inspector,  if  unable  to  attend,  to  deli  ver  statement  of  votes  of  his  town  to  county  clerk . 

16.  If  a  majority  do  not  attend,  those  present  to  adjourn  to  next  day. 

17.  If  a  majority  do  not  then  attend,  those  present  to  estimate  vote-'. 

§  \.  The  inspectors  in  each  county,  to  whom  the  original  Board  how  com 
statements  of  the  canvass  of  votes  in  the  tow^ns  or  wards  to 
which  they  respectively  belong  shall  have  been  delivered, 
shall  form  the  county  board  of  canvassers. 

§  2.  They  shall  meet  at  the  office  of  the  clerk  of  the  county,  when  to  meet. 
on  the  Tuesday  next  following  the  election,  before  one  o'clock 
in  the  afternoon  of  that  day,  and  shall  choose  one  of  their 
number  as  chairman. 

§  3.  The  clerk  of  the  county,  or  in  his  abscncef  his  deputy,     sorretary. 
shall  be  secretarv  of  the  board. 


214  ELECTIONS — statement  of  votes,  <fec. 

Oath.  §  4.  The  chairman  shall  then  administer  the  constitutional 

oath  to  each  member  of  the  board,  and  the  same  oath  shall  be 
administered  to  him  by  the  secretary. 


Quorum. 


§  5.  The  major  part  of  the  inspectors  appointed  in  the  re- 
spective towns  or  wards  to  attend  the  canvass,  shall  be  a 
sufficient  number  to  constitute  a  board. 


Statement  of 
votes. 


§  6.  The  original  statements  of  the  canvass  in  each  town 
or  ward  shall  then  be  produced,  and  from  them,  the  board 
shall  proceed  to  estimate  the  votes  of  the  county,  and  shall 
make  such  statements  thereof,  as  the  nature  of  the  election 
shall  require. 


Ibid.  §  7.  They  shall  make  a  separate  statement  containing  the 
wiiole  number  of  votes  given  in  such  county  for  the  office 
of  governor,  lieutenant-governor,  senator,  and  representa- 
tives in  congress,  any  or  either  of  them  ;  the  names  of  the 
persons  to  whom  such  votes  were  given,  and  the  number  of 
votes  given  to  each :  another  similar  statement  of  the  votes 
for  electors  of  president  and  vice-president ;  another,  of  the 
votes  for  members  of  assembly  and  county  officers,  any  or 
either  of  them  ;  and  for  each  town  of  the  county  in  which 
justices  of  the  peace  shall  have  been  voted  for,  a  separate 
and  similar  statement  of  such  votes  in  the  town,  designating 
it  bv  its  name,  shall  be  made. 


Ibid.  §  8.  In  such  statements,  the  whole  number  of  votes  given, 
the  names  of  the  candidates,  and  the  number  of  votes  given 
to  each,  shall  be  written  out  in  words  at  full  length. 


How  certified. 


§  9.  Each  statement  shall  be  certified  as  correct,  and  at- 
tested by  the  signatures  of  the  chairman  and  secretary  of  the 
board  ;  and  a  copy  of  each,  thus  certified  and  attested,  shall 
be  delivered  to  the  county  clerk,  to  be  recorded  in  his  office. 


Duty  of  bnnrd.  §  10.  Upou  tlic  Statements  of  votes  given  for  members  of 
assembly  and  county  officers,  and  justices  of  the  peace,  the 
board  shall  proceed  to  determine  what  person  or  persons, 
have  by  the  greatest  number  of  votes,  been  duly  elected  to 
each  of  the  offices  mentioned  in  each  statement. 


ELECTIONS — DUTY  of  board  of  canvassers.  215 

§  11.  If  the  county  in  which  such  election  shall  have  been  Duty  of  board. 
held,  be  of  itself  a  congres^  district,  the  board  shall  also  de- 
termine, upon  the  statement  of  votes  given  for  electors  of 
president  and  vice-president,  what  person  or  persons,  by  the 
greatest  number  of  votes,  have  been  duly  elected. 

§  12.  A  certificate  of  each  determination  made  by  .the     certificates. 
board,  shall  be  annexed  to  the  statement  upon  which  it  shall 
be  made,  attested  by  the  signatures  of  the  chairman  and 
secretary  of  the  board,  and  delivered  to  the  county  clerk,  to 
be  recorded  in  his  office. 

§  13.  The  board  shall  cause  a  copy  of  every  such  deter-  Publication, 
mination,  and  of  the  statement  upon  which  it  shall  be  made, 
to  be  published  in  one  or  more  of  the  newspapers  printed  in 
the  county. 

§  14.  If  votes  shall  have  been  received  at  such  election     Presidmiar 

electors* 

for  the  office  of  elector  of  president  and  vice-president,  and 
the  county  shall  not  be  of  itself  a  congress  district,  the  board 
shall  deliver  to  the  county  clerk  a  second  copy  of  the  state- 
ment of  such  votes,  to  be  presented  by  him  to  the  board  of 
district  canvassers. 

§  15.  If  any  one  of  the  inspectors  appointed  to  attend  the  if  inspector  can- 

1      n  1  11  11  •  r    ^        ""'    attend,     liis 

county  canvass,  shall  be  unable  to  attend  the  meetuig  oi  the  duty. 
board,  on  the  day  appointed  for  such  meeting,  he  shall  on  or 
before  that  day,  cause  to  be  delivered  at  the  office  of  the 
county  clerk,  the  original  statement  of  the  votes  of  his  town 
or  ward. 

§  16.  If  on  that  day  a  majority  of  the  county  canvassers     JJh(fa.°fi.[id*"'® 
shall  not  attend,  or  the  statements  of  the  votes  from  every 
town  and  ward  in  the  county  shall  not  be  produced,  the  can- 
vassers then  present  shall  adjourn  to  some  convenient  hour 
of  the  next  day. 

§  17.  At  that  hour  they  shall  again  meet,  and  the  can-      ibid. 
vassers  then  attending,  although  less  than  a  majority  of  the 
whole,  shall  organize  themselves  as  a  board,  and  upon  the 
statements,  or  certified  copies  thereof,  then  produced  shall 


216 


ELECTIONS — DUTIES,  <^c.  of  county  clerk. 


proceed  to  estimate,  state  and  certify  the  votes  of  the  county, 
in  the  manner  before  directed. (32) 

ARTICLE  SECOND. 

OF  THE  DUTIES  AND  PROCEEDINGS  OF  THE  COUNTY  CLERK. 


Sect.  18.  Clerk  to  deliver  to  county  canvasser,  statements  of  votes  taken  in  each  town. 

19.  If  there  be  a  deficiency  in  return  of  votes,  clerk  to  despatch  messengers. 

20.  Clerk  to  record  all  statements  delivered  to  county  canvassers, 

21.  Clerk  to  prepare  three  copies  of  statement  of  votes  for  governor,  senators,  &.c. 

22.  To  send  one  to  governor,  one  to  comptroller,  and  one  to  secretary  of  state. 

23.  Certified  copies  of  certificate  of  canvassers,  to  be  prepared  and  deUvered. 
21.  To  send  to  secretary  of  state  a  list  of  county  officers  elected. 


To  dehvcr  state- 
ments, &,c. 


§  IS'.  The  county  clerk  shall  deliver  to  the  board  of  county 
canvassers,  all  the  certified  statements  of  the  votes  taken  in 
each  tovv^n,  at  t;he  next  preceding  election,  that  shall  have 
been  received  at  his  office. 


To  procure  them  §  I^*  ^^  ^^"^  ^^^^  ^^Y  appointed  for  the  meeting  of  the  board 
of  county  canvassers,  the  board  shall  not  have  been  organi- 
zed, owing  to  a  deficient  return  of  the  votes  of  the  county ; 
the  county  clerk  shall,  by  a  special  messenger,  or  otherwise, 
'  obtain  the  necessary  statements  or  certified  copies  thereof,  in 
time  to  be  produced  .to  the  board  at  their  next  meeting. 

To  record  them.  §20.  The  couiity  clcrk  shall  rccord  in  his  office,  all  the 
statements  and  certificates  that  shall  have  been  delivered  to 
him  by  the  county  board  of  canvassers,  and  shall  keep  a 
proper  book  for  that  purpose. 


To    prepare 
copies. 


§  21.  Of  the  statement  and  certificate  of  the  votes  for  the 
office  of  governor,  lieutenant-governor,  senators  and  repre- 
sentatives in  congress,  or  either  of  them  ;  and  if  the  county 
be  a  congress  district,  of  electors  of  president  and  vice- 
president,  he  shall  prepare  three  certified  copies  under  his 
signature,  and  sealed  with  the  seal  of  his  office. 


Ibid. 


§  22.  Of  these  copies,  he  shall  send  by  mail  one  to  the 
governor,  one  to  the  comptroller,  and  one  to  the  secretary  of 
state,  before  the  third  Monday  of  November  in  each  year 
after  a  general  election,  and  .within  ten  days  after  a  special 


election. 

(32)  As  to  this  Article,  sec  Laws  of  182:,  p.  27J 


10,  aird  Laws  of  1825,  p.  53,  ^  3. 


ELECTIONS — DUTIES  of  secretary  of  state.  217 

§  23.  He  shall  prepare  as  many  certified  copies  of  each  To  prepare 

-^       -^       .  *^  ^  copies. 

certificate  of  the  determination  of  the  board  of  county  can- 
vassers, as  there  arc  persons  declared  to  be  elected  in  such 
certificate,  and  shall  without  delay,  deliver  one  of  such  copies  . 

to  each  person  so  elected. 

§  24.  He  shall  transmit  to  the  secretary  of  state,  within  Lutetoaocrctary 
thirty  days  after  a  general  election,  a  list  of  the  names  of 
the  persons  elected  in  the  county  as  members  of  assembly, 
and  also  a  list  of  the  names  of  the  persons  declared  at  such 
canvass  to  be  elected  sheriff,  clerk,  coroners,  and  justices  of 
the  peace  in  such  county.  (33) 

ARTICLE  THIRD. 

OF  THE  DUTIES  OF  THE  SECRETARY  OF  STATE,  PREVIOUS  TO 
THE  MEETING  OF  THE  STATE  CANVASSERS. 

Sect.  25.  Secretary  to  record  statements  of  elections. 

2G.  If  stateinenls  be  not  received,  secretary  to  despatch  special  mesecngers. 
27.  Clerk  to  deliver  same  to  messenger. 
23.  Messenger  to  deliver  same  to  secretary  of  state. 
20.  Secretary  to  appoint  meeting  of  slate  canvassers. 

30.  If  a  majority  of  canvassers  arc  unable  to  attend,  secretary  to  notify  mayor 
and  recorder  of  Albany. 

6  25.  It  shall  be  the  duty  of  the  secretary  of  state  to  re-  To  record  staic- 

'  .         .  ments. 

cord  in  his  office,  a  book  to  be  kept  by  him  for  that  purpose, 
each  certified  statement  of  the  result  of  an  election,  received 
by  him  from  a  county  clerk ;  and  to  obtain  from  the  governor  • 
and  comptroller,  every  such  certified  statement  received  by 
cither  of  them,  and  to  record  one  of  those  so  obtained,  for 
each  county,  from  which  no  similar  statement  shall  have  been 
received  by  himself  (34) 

6  26.  If  from  anv  county  from  which  such  statement  shall  special 
be  due,  none  shall  have  been  received  or  obtained  by  him,  on 
or  before  the  last  day  of  November  next  after  a  general  elec- 
tion, and  within  twenty  days  after  a  special  election,  he  shall 
despatch  a  special  messenger  to  obtain  such  statement  from 
the  clerk  of  such  county.  (34) 

§  27.  Such  clerk  shall  immediately,  on  the  demand  of  such       ou 
messenger,  made  at  his  ofiTice,  make  out  and  deliver  to  such 
mesacngei  the  statements  re(iuiicd.(34) 

'■J3)  As  to  tliia  Arlicle,  occ  Lawe  of  182^.  p.  274,  s^  10  &  IL     {31^  Lawffof  1922,  p.'  876,  ^  11. 


218 


ELECTIONS — BOARD  of  state  canvassers. 


jpeciai  measen-  J  ^q,  '  ^he  messenger  shall  deliver  to  the  secretary  of  state , 
as  soon  as  may  be,  all  such  statements  as  he  shall  receive,  to 
be  filed  and  recorded  as  aforesaid. (35) 

§  29.  The  secretary  of  state  shall  appoint  a  meeting  of  the 
state  canvassers  to  be  held  at  his  office,  or  that  of  the  trea- 
surer or  comptroller,  on  or  before  the  fifteenth  day  of  Decem- 
ber after  each  general  election,  and  within  forty  days  after  a 
special  election.  (36) 


To  notify  state 
canvassers. 


Ibid. 


§  30.  If  a  majority  of  those  officers  shall  be  unable  or  shall 
fail  to  attend  on  the  day  appointed,  he  shall  give  notice  to  the 
mayor  and  recorder  of  the  city  of  Albany,  that  their  'attend- 
ance is  required.  (37) 


ARTICLE   FOURTH. 


OF  THE  FORMATION  AND  PROCEEDINGS  OF  THE  BOARD  OF  STATE 
CANVASSERS. 


Board  how  com- 
posed. 


Skct.  31.  Who  to  be  etate  canvassers. 

32.  If  a  majority  be  absent,  mayor  and  recorder  of  Albany  to  attend. 

33.  Duties  of  the  board. 

34.  To  determine  who  havf?  been  elected. 

35.  Certificate  of  determination. 

36.  Members  dissenting  to  state  their  reasons  therefor. 

37.  If  acts  of  board  are  illegal,  any  member  to  protest. 
;i8.  Dissents  or  protests  to  be  delivered  to  secretary. 
39.  Board  may  adjourn. 

§  3L  The  secretary  of  state,  comptroller,  surveyor-gene- 
ral, attorney-general,  and  treasurer,  shall  be  the  state  can- 
vassers ;  three  of  w^hom  shall  be  a  sufficient  number  to  form 
a  board. 


Ibid. 


§  32.  If  a  majority  of  those  officers  shall  he  unable  or  shall 
fail  to  attend,  the  mayor  and  recorder  of  the  city  of  Albany, 
being  notified  by  the  secretary  of  state,  shall  attend  without 
delay,  and  with  the  officers  attending,  shall  form  the  board. 


Their  duty.  §  33.  The  boai'd  when  thus  formed  shall,  upon  the  certified 
statements  of  elections  recorded  in  the  office  of  secretary,  or 
received  by  him,  proceed  to  make  a  statement  of  the  whole 
number  of  votes  given  at  such  election  for  the  office  of  go- 


(35)  Laws  of  1822,  p.  275,  sec.  11, 


(36)  lb.  sec.  13. 


(37)  lb.  sec.  14, 


ELECTIONS— BOARD  OF  STATE  CANVASSERS.  219 

vernor  and  lieutenant-governor,  or  either  of  them ;  another 
statement  of  the  votes  given  for  the  office  of  senator ;  and 
another,  of  the  votes  for  representatives  in  congress :  each 
of  which  statements  shall  show  the  names  of  the  persons  to 
whom  such  votes  shall  have  been  given  for  either  of  the  said  * 

offices,  and  the  whole  number  of  votes  given  to  each ;  dis- 
tinguishing the  several  districts  and  counties  in  which  they 
were  given.  They  shall  certify  such  statements  to  be  cor- 
rect, and  subscribe  the  same  with  their  proper  names. 

§  34.  Upon  such  statements  they  shall  then  proceed  to  de-  Their  duty 
termine  and  declare  what  persons  have  been,  by  the  greatest 
number  of  votes,  duly  elected  to  such  offices,  or  either  of  them. 

§  35.  They  shall  make  and  subscribe  on  the  proper  state-       ibw. 
ment,  a  certificate  of  such  determination,  and  shall  deliver 
the  same  to  the  secretary  of  state. 


§  36.  If  any  one  of  the  canvassers  shall  dissent  from  a  de- 
cision of  the  board,  he  shall  state  at  large,  in  writing,  the  rea- 
sons of  such  dissent. 


Dissents. 


§  37.  If  any  of  the  acts  or  proceedings  of  the  board  shall    riotests, 
appear  to  any  one  of  the  canvassers  to  be  illegal  or  irregular, 
such  canvasser  shall  protest  against  the  same  in  writing,  set- 
ting forth  distinctly  the  grounds  of  his  protest. 


§  38.  The  canvasser  so  dissenting  or  protesting,  shall  de- 
liver his  dissent  or  protest,  signed  with  his  proper  name,  to 
the  secretary  of  state. 


ILhI. 


§  39.  The  board  shall  have  power  to  adjourn  from  day  to  Adjournment, 
day,  for  a  term  not  exceeding  five  days. (38) 


(38)  As  to  this  Article,  sec  Laws  of  1522,  p.  276,  section  13,  14. 


220  ELECTIONS — duties  of  secretary  of  state,  &c. 


ARTICLE  FIFTH. 

OP  THE  SUBSEQUENT  DUTIES  OF  THE  SECRETARY  OP  STATE. 

Sect.  40.  To  record  certifictl  statemcnt9,  &c.  of  state  canvassers. 

41.  To  deliver  copies  of  determination. 

42.  To  cause  copy  to  be  printed. 

43.  To  transmit  a  general  certificitte  to  the  house  of  representatives. 

44.  Persons  elected  to  supply  vacancies,  to  be  mentioned  in  certificate. 

45.  To  enter  in  a  book  names  of  justices,  sheriffs,  coroners,  and  clerks. 

To  record  pro- .     §  49.  Hc  shall  record  in  his  ofEcc,  in  a  book  to  be  kept  by 

ceedmgs  of  can-         '  '  r       .^ 

vassers.  ^jn^  {q^  that  purposc,  each  certified  statement  and  determina- 

tion, which  shall  be  delivered  to  him  by  the  board  of  state 
canvassers,  and  every  dissent  or  protest  that  shall  have  been 
.  delivered  to  him  by  a  canvasser* 

tifime"''"  "'"  ^'^^'  -^^  shsiil,  vi^ithout  delay,  deliver  a  copy,  under  the  seal 
of  his  oflicc,  of  such  certified  determination  to  each  person 
thereby  declared  to  be  elected,  and  a  like  copy  to  the  go- 
vernor. 

Publication,  §  42.  He  shall  cause  a  copy  of  such  certified  statements 
and  determinations  to  be  printed  in  the  state  paper,  and  in 
one  or  more  of  the  public  nev^^spapers,  in  each  senate  district^ 
for  which  a  senator  shall  have  been  chosen. 

Certificate  of  per-      §  43.  He  sliall  prepare  a  general  certificate  under  the  seal 

song    chosen   to,.,.  iiii«  1  r       ^ 

congress.  01  this  statc,  and  attested  by  him  as  secretary  thereoi,  ad- 

dressed to  the  house  of  representatives  of  the  United  States, 
in  that  congress  for  which  any  persons  shall  have  been  chosen, 
^  of  the  due  election  of  the  persons  so  chosen  at  each  election, 
as  representatives  of  this  state  in  congress  ;  and  shall  trans- 
mit the  same  to  the  said  house  of  representatives,  at  their  first 
meeting. 

Ibid.  §  44.  If  either  of  the  persons  so  chosen  at  such  election, 

shall  have  been  elected  to  supply  a  vacancy  in  the  office  of 
representative  in  congress,^j^hall  be  mentioned  by  the  se- 
cretary in  the  statements  and  certificates  to  be  prepared  by 
him. 


NaMesofjusti-      §  45.  The  secretary  of  statc  shall  enter  in  a  book  to  be 
kept  in  hi?  office,  the  narnc^  of  nil  instices  of  the  peace  elected 


ces:  &c. 


ELECTIONS — OF  representatives  in  congress. 


221 


in  this  state,  arranging  them  h\  alphabetical  order  in  their 
respective  counties.  He  shall  also  enter  in  a  book  to  be 
kept  in  his  office,  the  names  of  all  the  sherifis,  coroners  and 
clerks,  elected  in  this  state,  with  the  respective  counties  for 
which  they  are  elected.  (39) 


TITLE  VI. 

OF  THE  ELECTION  OF  REPRESENTATIVES  IN  CONGRESS,  ELECTORS 
OF  PRESIDENT  AND  VICE-PRESIDENT,  AND  SENATORS  IN  CON- 
GRESS. 


Art.  1.— Of  the  election  of  representatives  in  congress. 
Art.  2.— Of  the  election  of  electors  of  president  and  vice-prc.'3idonl. 
Art.  3.— Of  tlic  fomiation  and  proceedings  of  the  college  of  electors 
Art.  4.— Of  the  election  of  senators  in  congress. 


'  ARTICLE  FIRST. 


OF  THE  ELECTION  OF  REPRESENTATIVES  IN  CONGRESS. 


Sect.  1.  Representatives  to  be  choeon  by  districts  in  every  second  year. 

9.  Representative  resigning  to  notify  secretary  of  state ;  if  he  die,  clerk  of  county  to 
give  notice. 


§  1.  Representatives  in  the  house  of  representatives  of  the 
congress  of  the  United  States,  shall  be  chosen  in  the  several 
congress  districts,  at  the  general  elections  held  therein,  in 
every  second  year,  after  the  year  one  thousand  eight  hundred 
and  twenty-six. (10) 


When  chosen. 


Death. 


§  2.  If  a  representative  in  congress  shall  resign,  he  shall  Resignation. 
forthwith  transmit  a  notice  of  his  resignation  to  the  secreta- 
ry of  state  ;  and  if  a  vacancy  shall  occur  by  death  in  the  of- 
fice of  representative  in  congress,  the  clerk  of 'the  county  in 
which  such  representative  shall  have  resided  at  the  time  ol 
his  election,  shall  without  delay,  transmit  a  notice  of  such 
vacancy  to  the  secretary  of  state.  (10) 


(3!))  This  Articl.-^  was  chiolly  compiled  from  sec.  1: 
(40)  L.  ofl822,  p.  278,s«c.l7. 


ic  act  of  1822. 


122  ELECTIONS— ELECTORS,  &c. 


ARTICLE  SECOND. 

OP  THE  ELECTION  OF  ELECTORS  OF  PRESIDENT  AND  VICE- 
PRESIDENT. 

Sec.  3.  At  election  preceding  choice  of  president,  electors  to  shall  be  chosen. 

4.  How  election  conducted  and  result  ascertained  when  district  consists  of  one  coun- 

ty only.  , 

5.  Where  district  includes  more  than  one  county,  clerks  of  the  counties  to  be  can- 

vassers. 

6.  When  and  where  to  meet. 

7.  Their  duty. 

8.  Totransmit  statement  of  votes  to  secretary  of  etate,  and  to  file  copy  in  clerk's 

office. 

9.  Copy  of  statement  to  be  printed.  ^ 
10,  Copies  to  be  delivered  to  persons  elected. 

When  chosen:  §  3.  At  the  general  election  next  preceding"  the  choice  of  a 
president  and  vice-president  of  the  United  States,  there  shall 
be  elected  in  each  congressional  district  in  this  state,  as 
many  electors  of  president  and  vice-president,  as  such  dis- 
trict may  be  authorized  to  elect  members  to  the  house  of  re- 
presentatives in  the  congress  of  the  United  States. 

Howj  §  4.  The  election  of  such  electors  shall  be  conducted,  and 

where  the  congress  district  shall  consist  of  only  one  county, 
the  result  thereof  shall  be  ascertained,  determined,  and  cer- 
tified in  the  manner  herein  before  provided. 


vassors. 


oistiictcan-  ^  5.  Whcrc  the  congress  district  shall  include  more  than 
one  county,  the  clerks  of  the  several  counties  composing  it, 
shall  form  the  board  of  district  canvassers. 


Their  moetini! 


§  6.  They  shall  meet  on  the  Tuesday  next  after  the  day  on 
which  the  county  canvasses  shall  havebcenmade,  at  the  clerk's 
office  of  the  county  in  said  district,  having  the  greatest  num- 
ber of  inhabitants,  according  to  the  last  preceding  census  ; 
except  that  the  clerk's  office  in  the  county  of  Allegany  shall 
be  the  place  of  the  meeting  for  the  twenty-eighth  congress 
district. 

Their  proceed-      ^  7^  Thcv  shall  mutuallv  administer  to  each  other  the  con- 

ings.  , 

stitutional  oath;  and  upon  the  statements  of  the  votes  of 
each  county  for  the  office  of  elector  of  president  and  vice- 
president,  being  produced,  they  shall  proceed  in  like  manner 


ELECTIONS— ELECTORS,  &c.  123 

as  the  county  board  of  canvassers,  to  estimate,  state  and 
certify  the  votes  of  the  district ;  and  to  determine  and  cer- 
tify what  person  or  persons  have  been  elected  to  such  office 
for  that  district. 

§  8.  They  shall  make  a  statement  of  the  votes  given,  and    J^'^J'  proceeo- 
shall  transmit  a  certified  copy  thereof  and  of  their  determin- 
ation thereon,  by  mail,  to  the  secretary  of  state,  and  file  an- 
other copy  in  the  clerk's  office  of  the  county,  in  which  their 
meeting  shall  be  held. 

§  9.  A  certified  copy  of  each  statement,  and  of  the  deter-    ibiJ. 
mination  of  the  district  canvassers  Uiercon,  shall  be  printed 
in  one  or  more  of  the  newspapers  printed  in  each  county  of 
the  district. 

§  10.  The  district  canvassers  shall  prepare  as  many  cer-    ibid. 
tified  copies  of  each  certificate  of  determination,  as  there 
shall  be.  persons  stated  therein  to  have  been  elected,  and 
shall,  without  delay,  cause  one  of  the  said  certified  copies 
to  be  dchvered  to  each  person  so  elected. (4 1) 


CHAP.   CXXXIX. 


1,  Election  by  general  ticket. 

2,  Of  the  electoral  box. 

3,  4.  Duty  of  county  clerks. 
5.  Duty  of  state  canvassers. 
C.  Statement  of  votes. 

7.  &  12.  Duty  of  secretary  of  slate. 

8.  Penalty  for  destroying  certificateg. 

9.  For  wilful  and  corrupt  conduct. 
10.  &  13.  Pay  of  njessengers. 


AN  ACT  directing  the  Planner  of  Choosing  Electors  of 
President  and  Vice-President. 

Passed  April  15, 1829.  p.  234. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

1.  5  1.  On  the  first  Monday  of  November  and  the  two  sue-   Election  by  gc 
needing  days,  preceding  the  time  fixed  by  the  law  of  the 
United  States  for  the  choice  of  president  and  vicCj-president 

%1)  This  Article  was  compiled  from  the  act  of  16Jj,  (Laws  of  1>?35,  p.  5S;  sec,  1.) 


224 


ELECTIONS-SELECTORS,  &c. 


of  the  United  States,  there  shall  be  elected,  by  general  ticket, 
as  nmany  electors  of  president  and  vice-president  as  this  state 
shall  be  entitled  to  appoint ;  and  each  elector  in  this  state 
shall  have  a  right  to  vote  for  the  whole  number :  and  the 
several  persons,  to  the  number  required  to  be  chosen,  having 
the  highest  number  of  votes,  shall  be  declared  and  deemed 
duly  appointed  electors. 


Ballot  box. 


2.  §  2.  The  board  of  inspectors  of  each  town  shall  provide 
and  keep  a  box,  to  be  entitled  "  electoral  box,"  in  which  the 
ballots  for  electors,  and  which  ballots  shall  be  endorsed 
"electors,"  shall  be  deposited. 


Duty  of  county 
clerks. 


3.  §  3.  The  county  clerk  of  each  county  shall  make  three 
certified  copies  of  the  statement  of  votes  given  for  electors 
in  his  county,  immediately  after  recording  the  same,  and 
forthwith  transmit,  by  mail,  one  of  such  certified  copies  to 
the  governor,  another  to  the  secretary  of  state,  and  deliver 
the  other  as  herein  after  directed. 


Ibldi 


4.  §  4.  One  of  the  certified  copies  of  such  statement  of  votes 
given  in  each  of  the  several  counties  herein  named,  shall  be 
dehvered  by  the  clerks  of  such  counties  respectively,  as 
herein  directed,  on  the  day  next  succeeding  that  on  which 
the  canvass  shall  have  been  made,  except  that  of  the  county 
of  Orange,  which  shall  be  delivered,  together  with  that  of 
Sullivan,  to  the  clerk  of  Dutchess,  on  the  second  day  after 
the  canvass  shall  have  been  made,  for  the  purpose  of  being 
delivered  to  the  proper  messenger,  to  wit :  those  of  the  coun- 
ties of  Niagara  and  Orleans,  to  the  clerk  of  the  county  of  Ge- 
nesee ;  those  of  the  counties  of  Livingston,  Monroe,  Wayne, 
and  Yates,  to  the  clerk  of  Ontario  ;  that  of  the  county  of  Se- 
neca, to  the  clerk  of  Cayuga ;  those  of  the  counties  of  Cort- 
land and  Oswego,  to  the  clerk  of  Onondaga ;  that  of  the 
county  of  Madison,  to  the  clerk  of  Oneida ;  those  of  the  coun- 
ties of  Montgomery  and  Saratoga,  to  the  clerk  of  Schenec- 
tady ;  that  of  the  county  of  Tompkins,  to  the  clerk  of  Tioga ; 
that  of  the  county  of  Chenango,  to  thp  clerk  of  Broome  ;  that 
of  the  county  of  Sullivan,  to  the  clerk  of  Orange  ;  that  of  the 
county  of  Ulster,  to  the  clerk  of  Greene  ;  those  of  the  coun- 
ties of  Rockland  and  Orange,  to  the  clerk  of  Dutchess  ;  that 
of  the  counlv  of  Richmond,  to  the  clerk  of  New- York  ;  ilind 


ELECTIONS— ELECTORS,  <i:C.  235 

those  of  the  counties  of  Otsego,  Schoharie,  Rensselaer,  and 
Albany,  to  the  secretary  of  this  state. 

Sections  5,  6,  7,  8,  9,  10,  U,  12,  ^  13,  relate  to  the  Messengers 
from  the  different  counties. 

5.  §  13.  The  board  of  state  canvassers  shall  meet  at  the  ^"^  of  state 

*  canvassers. 

office  of  the  secretary  of  state,  on  the  Wednesday  next  after 
the  third  Monday  of  November,  after  every  such  election,  or 
sooner,  if  certified  copies  of  the  statements  of  votes  shall  have 
been  received  from  all  the  counties,  to  canvass  the  votes 
given  for  electors  of  president  and  vice-president ;  and  in 
case  all  the  said  copies  of  statements  shall  not  have  been  re- 
ceived on  that  day,  the  board  may  adjourn  from  day  to  day, 
until  the  same  shall  be  received,  not  exceeding  five  days. 

6.  §  14.  The  board  of  state  canvassers  shall  proceed  in    etatcmcm  or 
making  a  statement  of  all  the  votes,  and  determining  and  cer- 
tifying the  persons  elected,  in  the  manner  prescribed  by  law 

in  I'elation  to  the  election  of  state  officers. 

7.  §  15.  The  secretary  of  state  shall,  without  delay,  cause  Dutyofthesecre- 
a  copy,  under  the  seal  of  his  office,  of  the  certified  determina- 
tion of  the  board  of  canvassers,  to  be  delivered  to  each  of  the 

persons  therein  declared  to  be  elected  ;  and  for  that  purpose 
he  may  employ  such  and  so  many  messengers  as  be  shall 
deem  necessary. 

8.  ^  16..  If  any  of  the  messengers  shall  be  c^uilty  of  destroy-  I'^najty  for  de- 
ing  the  certificates  entrusted  to  their  care,  or  wilfully  doing  cate,&c. 
any  act  that  shall  defeat  the  due  delivery  of  them  as  directed 

by  this  act,  he  shall  be  punished  by  imprisonment  in  the  state 
prison,  at  hard  labour,  for  a  term  not  less  than  three  nor  ex- 
ceeding five  years. 

9.  6  17.  If  any  officer  or  messenf;er,  on  whom  any  duty  is  ^o""  ^viifui  ncg- 

^  ''  o      '  .       J  J  lect    or   corrupt 

enjoined  in  this  act,  shall  be  guilty  of  any  wilful  neglect  of  conduct, 
such  duty,  or  of  any  corrupt  conduct  in  the  execution  of  the 
same,  and  be  thereof  convicted,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  punishable  by  fine  not  exceeding  five  hun- 
dred dollars,  or  imprisonment  not  exceeding  one  year. 

29       N 


226 

Pay  of  tlie  mes- 
sengers. 


Repeal. 


ELECTIONS— ELECTORS,  &c. 

10.  §  18.  The  messengers  employed  or  appointed  under 
this  act,  shall  receive  for  their  compensation  twelve  cents  per 
mile  for  travelling,  to  be  audited  by  the  comptroller  upon  the 
certificate  of  the  secretary  of  state. 

11.  §  19.  Section  twelve  of  the  original  text  of  Title  six  of 
the  sixth  Chapter  of  the  First  Part  of  the  Revised  Statutes, 
and  so  much  of  that  Chapter  as  is  inconsistent  with  the  pro- 
visions of  this  act,  are  hereby  repealed. 


CHAP.  CCXLIX. 

AN  ACT  providing  for  the  Distribution  of  the  Electoral  Law. 

Passed  April  24, 1832,  p.  441. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Duty  of  secretary  12.  §  1.  The  secretary  of  state  shall  cause  to  be  published 
the  act  entitled  "  An  act  directing  the  manner  of  choosing 
electors  of  president  and  vice-president,"  passed  April  15, 
1829,  together  with  such  forms  as  may  be  necessary  to  carry 
the  same  into  effect,  and  on  or  before  the  first  day  of  Sep- 
tember next,  shall  transmit  to  each  county  clerk  as  many 
copies  as  shall  be  equal  to  ten  times  the  number  of  towns 
and  wards  in  his  county. 

County  clerks.  13.  §  2.  Each  couiity  clcrk  receiving  s^uch  copies,  shall  im- 
mediately thereafter  <ieliver  to  the  town  clerk  of  each  town, 
and  to  the  aldermen  of  each  ward  in  his  county,  ten  copies, 
for  the  use  of  the  inspectors  of  election  of  such  town  or  ward. 


Expense  14.  §  3.  The  treasurer  shall  pay,  on  the  warrant  of  the 

comptroller,  such  sum  as  the  secretary  of  the  state  shall  cer- 
tify to  be  just  and  reasonable,  as  a  compensation  to  any  mes- 
senger employed  under  section  six  of  title  fifth  of  chapter 
sixth  of  the  first  part  of  the  Revised  Statutes. 


ELECTIONS — OF  the  college  of  electors.  327 


ARTICLE  THIRD. 

pF  THE  FORMATION  AND  PROCEEDINGS  OF  THE  COLLEGE  OF 
ELECTORS. 

Sect.  11, 12, 13.  Electors  when  and  where  to  convene ;  College  how  to  be  filled  and 
organized. 
14.  Duty  of  secretary  of  state. 

15, 16.  Electors  when  and  how  to  vote ;  lists  to  be  prepared,  &c. 
17, 18.  Electors  to  appoint  a  messenger;  his  duty. 

19.  Electors  also  to  forward  lists  by  mail,  &c. 

20.  Compensation  of  electors. 

§  11.  The  electors  of  president  and  vice-president  shall  Mceiingand 
convene  at  the  Capitol,  on  the  day  preceding  the  first  Wed-  "  ^" 
nesday  in  December  after  their  election,  and  those  of  them 
who  shall  be  so  assembled  at  four  o'clock  in  the  afternoon 
of  that  day,  shall  immediately  after  that  hour,  proceed  to  fill 
by  ballot  and  by  plurality  of  votes,  all  vacancies  in  the  elec- 
toral college,  occasioned  by  the  death,  refusal  to  serve,  or 
neglect  to  attend  at  that  hour,  of  any  elector,  or  occasioned 
by  the  omission  of  any  district  to  make  a  choice.  (42) 

§  12.  This  section  is  repealed  by  the  act  of  15th  of  April, 
1829,  p.  234,  §  19. 

§  13.  The  electoral  college  being  thus  completed,  they     ^^^'^•' 
then  choose  a  president  and  secretary  from  their  ovi^n  body. 

§  14.  The  secretary  of  state  shall  prepare  tliree  Ksts  of  ^ist  of  electors, 
the  names  of  the  electors;  procure  to  the  same  the  signature 
of  the  governor ;  affix  thereto  the  seal  of  the  state  ;  and  de- 
liver them  thus  signed  and  scaled  to  the  president  of  the  col- 
lege of  electors,  on  or  before  the  said  first  Wednesday  in 
December.  (43) 

§  15.  On  the  said  first  Wednesday  in  December,  the  elec-  J'^hcn  and  how 
tors  shall  meet  at  the  Capitol,  and  then  and  there  vote  by  bal- 
lot for  president  and  vice-president,  one  of  whom  at  least 
may  not  be  an  inhabitant  of  the  same  state  with  themselves. 
They  must  name  in  their  ballots  the  person  votejl  for  as  pre- 
sident, and  in  distinct  ballots,  the  person  voted  for  as  vice- 
president.  (43) 

(42)  Laws  of  1825,  p.  53,  sec.  i.  (43)  12ih  amcudt.  to  cons.  U.  S,;  act  of  Congress  of 

the  1st  of  March,  1792. 


228 


List  of  votCB. 


ELECTIONS — OF  the  college  of  electors. 

§  16.  They  must  make  distinct  lists  of  all  persons  voted 
for  as  president,  and  of  all  persons  voted  for  as  vice-presi- 
dent, and  of  the  number  of  votes  for  each,  which  lists  they 
must  sign  and  certify,  and  after  annexing  thereto  one  of  the 
lists  received  from  the  secretary  of  state,  they  must  seal  up 
the  same,  certifying  thereon  that  lists  of  the  votes  of  this  state 
for  president  and  vice-president,  are  contained  therein. (43) 


Messenger.  §  17.  The  clcctors  must  then,  by  writing  under  their  hands, 
or  under  the  hands  of  a  majority  of  them,  appoint  a  person 
to  take  charge  of  the  lists  so  sealed  up,  and  to  deliver  the 
same  to  the  president  of  the  senate,  at  the  seat  of  govern- 
ment of  the  United  State?,  before  the  first  Wednesday  in 
January  then  next  ensuing.  (44) 

His  duty.  §  18.  In  casc  there  shall  be  no  president  of  the  senate  at 
the  seat  of  government  on  the  arrival  of  the  person  entrusted 
with  the  lists  of  the  votes  of  the  electors,  then  such  person 
is  required  to  deliver  the  lists  of  votes  in  his  custody  into  the 
office  of  the  secretary  of  state  of  the  United  States.  (44) 


Other  lists. 


§  19.  The  electors  are  also  required  to  forward  forthwith, 
by  the  post-office,  to  the  president  of  the  senate  of  the  United 
States,  at  the  seat  of  government,  and  to  deliver  forthwith 
to  the  judge  of  the  United  States  for  the  northern  district  of 
the  state  of  New- York,  similar  lists,  signed,  annexed,  sealed 
up,  and  certified  in  the  manner  aforesaid. (44) 


Compensation 
of  electors. 


§  20.  Every  elector  of  this  state  for  the  election  of  a  pre- 
sident and  vice-president  of  the  United  States,  who  shall  at- 
tend at  any  election  of  those  officers,  and  give  his  vote  at  the 
time  and  place  appointed  by  law,  shall  be  entitled  to  receive 
for  his  attendance  at  such  election,  and  for  travelling  to  and 
from  his  place  of  residence  by  the  most  usual  route,  the  same 
sum  as  shall  at  the  time  be  allowed  by  law  to  the  members  of 
the  legislature  for  their  attendance  and  travel,  to  be  paid  in 
the  like  manner.  (45) 


(43)  12th  amendt.  to  cons.  U.  S  ;  act  of  Congress  of  the  1st  of  March,  1792.    (44)  Ibid. 
(45)  2  R.  L.  247,  sect.  4;  act  concerning  the  Revised  Statutes,  passed  Dec.  10,  1828,  sec.  19. 


ELECTIONS OF  SENATORS  IN  CONGRESS.  229 


ARTICLE  FOURTH. 

OF  THE  ELECTION  OF    SENATORS  IN  CONGRESS. 

Sect.  21.  Senators  to  be  chosen  by  the  legislature,  and  when. 

22.  Vacancies  to  be  filled  within  ten  days  after  notice  thereof. 

23,  24.  Mode  of  proceeding  in  tlie  choice  of  senators. 


When  chosen. 


§  2L  On  the  first  Tuesday  of  February  next  before  the 
expiration  of  the  time  for  which  any  senator  was  elected  to 
represent  this  state  in  congress,  if  the  legislature  shall  be  then 
in  session,  and  if  not,  then  within  ten  days  after  a  quorum  of 
both  houses  shall  be  assembled  at  the  then  next  meeting  of 
the  legislature,  an  election  shall  be  held  for  a  senator  in  con- 
gress, at  the  place  where  the  legislature  shall  be  then  sitting, 
in  the  room  of  such  senator  so  going  out  of  office. 

§  22.  Whenever  the  seat  of  any  such  senator  shall  be-    vacancy. 
come  vacant  before  the  expiration  of  the  time  for  which  he 
was  elected,  another  senator  shall  be  elected  in  his  room, 
within  ten  days  after  the  legislature  shall  hove  notice  of 
such  vacancy,  at  the  place  where  it  shall  be  then  sitting. 

§  23.  Such  election  shall  be  made  by  the  legislature  in  the  now  chosen. 
following  manner :  the  senate  and  assembly  shall  each  openly 
nominate  one  person  for  the  office  of  senator  in  congress ; 
after  which  they  shall  immediately  meet,  and  if  they  shall 
agree  in  their  nominations,  the  person  so  nominated  shall  be 
appointed  to  the  office  for  which  he  shall  be  nominated  ;  if 
they  shall  disagree,  the  election  shall  be  made  by  the  joint 
ballot  of  the  senators  and  members  of  assembly. 

§  24.  Whenever  any  senator  shall  be  chosen  as  aforesaid,  Evidence  of  cu^c- 
copies  of  the  resolutions  of  the  senate  and  assembly,  testify-  ^'°"" 
ing  such  choice  signed  by  the  president  of  the  senate  and 
speaker  of  the  assembly,  shall  be  thereupon  delivered  to  the 
person  so  chosen  a  senator,  as  evidence  of  such  election.  (46) 

(4C)  As  to  this  Article,  see  Const.  U.  States,  article  1,  section  4;  1  R.  L.  142. 


230  ELECTIONS — penalties  for  violating  this  chapter. 


TITLE  VII. 

penalties  for  violating  the  provisions  of  this  chapter, 

AND  for  misconduct  AT  ELECTIONS. 

Sect.  1.  Elector  swearing  false  deemed  guilty  of  perjury. 

2.  Persons  procuring  others  to  swear  false,  deemed  guilty  of  subornation  of  perjury. 

3.  Officers  guilty  of  wilful  neglect  or  corrupt  conduct,  forfeit  five  hundred  dollars. 

4.  Penalty  for  bribery,  &c. 

5.  Penalty  for  calling  out  militia  within  certain  days. 

6.  Prohibition  against  giving  entertainment,  money,  &.C. 

7.  Fraudulently  to  change  a  vote. 

8.  Penalty. 

False  swearing.  §  1.  If  any  electoF  challenged  as  unqualified  shall  be  guilty 
of  w^ilful  and  corrupt  false  swearing  or  affirming,  in  taking 
any  oath  or  affirmation  prescribed  by  this  Chapter,  such  per- 
son shall  be  adjudged  guilty  of  wilful  and  corrupt  perjury.  (47) 

Procuring  it.  §  2.  Evcry  persou  who  shall  wilfully  and  corruptly  procure 
any  person  to  swear  or  affirm  falsely  as  aforesaid,  shall  be 
adjudged  guilty  of  subornation  of  perjury ;  and  shall  upon 
conviction  thereof,  suffer  the  punishment  directed  by  law  in 
cases  of  wilful  and  corrupt  perjury.  (47) 

Neglect  of  duty.  ^  ^'  If  ^uy  officcr  ou  whom  any  duty  is  enjoined  in  this 
chapter,  shall  be  guilty  of  any  wilful  neglect  of  such  duty,  or 
of  any  corrupt  conduct  in  the  execution  of  the  same,  and  be 
thereof  convicted,  he  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  fine  or  imprisonment ;  the  fine  in  no 
case  to  exceed  the  sum  of  five  hundred  dollars,  nor  the  im- 
prisonment the  term  of  one  year.  (49) 

uribcry,  &c;  §  4.  If  any  pcrson  shall,  by  bribery,  menace,  or  other  cor- 
rupt means  or  device  whatsoever,  either  directly  or  indi- 
rectly, attempt  to  influence  any  elector  of  this  state  in  giv- 
ing his  vote  or  ballot,  or  to  deter  him  from  giving  the  same, 
or  disturb  or  hinder  him  in  the  free  exercise  of  the  right  of 
suffrage,  at  any  election  within  this  state  held  pursuant  to 
this  chapter,  and  shall  thereof  be  convicted,  such  person  so 
offending  and  convicted,  shall  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  fined  or  imprisoned  according  to  the  dis- 

(47)  Lawn  of  IS22,  p.  273,  sec.  8.  (48)  lb.  p.  279,  section  19 


ELECTIONS— PURITY  of.  231 

cretion  of  the  court  before  which  such  conviction  shall  be 
had ;  such  fine  in  no  case  to  exceed  five  hundrpd  dollars,  nor 
such  imprisonment  one  year.  (49) 

§  5.  If  any  officer  or  other  person,  shall  call  out  or  order  ^^l^^sommm- 
any  of  the  militia  of  this  state,  to  appear  or  exercise  on  any 
day  during  any  election  to  be  held  by  virtue  of  this  chapter, 
or  within  five  days  previous  thereto,  except  in  cases  of  inva- 
sion or  insurrection,  he  shall  forfeit  the  sum  of  five  hundred 
dollars  for  every  such  oflrence.(50) 


CHAP.  CCCLXXIII.i).  565. 
AN  ACT  to  preserve  the  purity  of  elections. 

Passed  May  5,  1829. 

6.  §  1.  It  shall  not  be  lawful  for  any  candidate  for  any  elec-     Prohibition. 
tive  office,  with  intent  to  promote  his  election,  or  for  any 
other  person,  with  intent  to  promote  the  election  of  any  such 
candidate,  cither, 

1.  To  provide  or  furnish  entertainment  at  his  expense,  to 
any  meeting  of  electors,  previous  to,  or  during  the  election 
at  which  he  shall  be  a  candidate  :  or, 

2.  To  pay  for,  procure,  or  engage  to  pay  for  any  such  en- 
tertainment :  or, 

3.  To  furnish  any  money  or  other  property  to  any  person, 
for  the  purpose  of  being  expended  in  procuring  the  attend- 
ance of  voters  at  the  polls  :  or, 

4.  To  engage  to  pay  any  money,  or  dehver  any  property, 
or  otherwise  compensate  any  person  for  procuring  the  at- 
tendance of  voters  at  the  polls  :  or, 

5.  To  contribute  money  for  any  other  purpose  intended  to 
promote  an  election  of  any  particular  person  or  ticket,  except 
for  defraying  the  expenses  of  printing,  and  the  circulation  of 
votes,  handbills  and  other  papers  previous  to  any  such  elec- 
tion. 


7.  §  2.  No  person  ^hall  fraudulently  or  deceitfully  change  a 
vote  of  any  elector  by  which  such  elector  shall  be  prevented 
from  voting  for  such  candidate  as  he  intended. 

C40.  T.nw"  of  IcJJ.  r^ec.  20.  ;  1  R.  L.  48,  section  0  '.10^  TUi.i    i,  o?i)  <:—!;,-,  ei 


Ibiil. 


232  ELECTIONS. 

Penalty.  '  8.  §  3.  Eveiy  persoii  offending  against  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  punishable  by 
fine  not  exceeding  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment not  exceeding  six  months. 


TITLE  VIII. 


MISCELLANEOUS    PROVISIONS. 


Sect.  3,  4,  5.  Majority  of  inspectors  to  act ;  proceedings  if  majority  do  not  attend. 

G.  VVlicn  notice  of  election,  &c.  to  be  directed  to  county  clerk,  and  wiien  to  first  judge. 
7.  Accounts  of  clerks  for  services  under  tliis  cliapter  to  be  a  county  charge. 

§  3.  It  shall  be  lawful  for  a  majority  of  the  inspectors  of 
any  election,  held  in  pursuance  of  this  chapter,  to  execute  all 
the  trusts  and  duties  required  to  be  executed  by  the  inspec- 
tors of  any  such  election. 

§  4.  If  a  majority  shall  not  be  present  at  one  or  more  of 
the  days  on  which  the  election  is  held,  the  inspectors  or  in- 
spector attending  shall  appoint  so  many  electors  of  the  town 
or  ward  to  act  as  inspectors,  as  may  be  necessary  to  foiTn  a 
board. 

§  5.  The  persons  so  appointed  shall  take  the  constitutional 
oath,  and  continue  to  act  until  a  majority  of  the  inspectors 
shall  attend. 

§  6.  No  notice  of  an  election,  nor  copy  of  the  governor's 
proclamation,  shall  in  any  case  be  directed  to  the  clerk  of 
the  county,  unless  the  office  of  sheriff  of  such  county  shall 
then  be  vacant,  nor  to  the  first  judge,  unless  the  offices  of 
sheriff  and  clerk  shall  both  be  vacant. 

§  7.  The  accounts  of  the  respective  clerks  of  counties  for 
services  performed  and  expenses  incurred,  by  virtue  of  this 
chapter,  shall  be  audited,  levied,  and  paid,  in  like 'manner  as 
other  contingent  charges  of  such  counties. (54) 

(54)  Laws  of  1822,  p.  281,  ^  27. 


ELECTIONS— CHARTER,  283 


CHAP.  LXXV. 

Skct.  1.  Oath  to  be  administered  to  voter. 

2.  Penalty  for  false  ewearing. 

3.  Special  elections  in  cases  of  equality  of  votes. 

4.  How  to  be  conducted. 

5.  Application  of  the  law. 

6.  Provision  as  to  collectors  elected  in  1829. 

7.  Provision  for  the  appointment  of  inspectors. 

AN  ACT  respecting  the  Qualifications  of  Voters  at  Elections 
for  Charter  Officers  in  the  City  of  New -York  * 

Passed  March  22,  1831 ,  p.  106. 

The  People  of  the  State  of  New-Yorh,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

1.  §  1.  If  at  any  ejection  for  charter  officers  in  the  city  of  ^  oath. 
New- York,  either  of  the  inspectors  shall  suspect  that  any  per- 
son offering  to  vote  at  such  election  is  unqualified  for  that  pur- 
pose, or  if  any  person  entitled  to  vote  at  the  same  poll  shall 
challenge  such  person  offering  so  to  vote,  as  being  so  unqua- 
lified, the  board  of  inspectors,  or  either  of  them,  shall  declare 

to  the  persons  so  challenged  or  suspected,  what  are  the  legal 
qualifications  of  an  elector ;  and  if  such  person  shall  still 
claim  his  right  to  vote  at  such  election,  and  the  challenge 
shall  not  be  withdrawn,  one  of  the  inspectors  shall  then  ten- 
der to  him  the  following  oath  or  affirmation :  "  You- do  swear 
(or  affirm)  that  you  are  a  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  and  that  you  have  been  an  inhabi- 
tant of  this  slate  for  one  year  next  preceding  this  election, 
and  for  the  last  six  months  a  resident  of  this  county;  that 
you  actually  reside  in  this  ward,  and  that  you  have  not  voted 
iit  this  election.'' 

2.  §  2.  If  such  person  shall  refuse  to  take  the  oath  or  affirm-       penalty, 
ation  so  tendered,  his  vote  shall  be  rejected ;  and  if  any  per- 
son shall  be  guilty  of  wilful  and  corrupt  false  swearing  in 
taking  such  oath  or  affirmation,  every  such  person  shall  be 

*  By  the  ilh  section  of  tlic  act  to  amend  the  charter  of  the  city  of  New- York,  the  general 
f  lection  law  is  mado  to  apply  to  the  charter  election  of  the  city  by  the  following  words  :— 
■  And  all  the  provisions  of  the  law  now  in  force  in  regard  to  tlie  notification,  duration,  and 
ronduct  of  elections  for  members  of  assembly,  and  in  regard  to  the  appointment,  powers, 
and  duties  of  the  inspectors  holding  the  same,  sh.iH  apply  to  the  annual  election  of  charter 
officers,"  patsod  April  7,  1830,  rhap.  l-:;2,  p.  12.). 

80 


534  ELECTIONS—CHARTER. 

adjudged  guilty  of  wilful  and  corrupt  perjury,  and  upon  con- 
viction thereof  shall  suffer  the  punishment  provided  by  law 
in  cases  of  v^ilful  and  corrupt  perjury. 

3.  §  3.  This  act  shall  take  effect  immediately  after  the  pas- 
sage thereof. 


AN  ACT  in  addition  to  the  Act  respecting  the  Election  of 
Charter  Officers  in  the  City  of  New-York. 

Passed  April  19, 1830,  p.  285. 

in'Sst  of  eqia"      '^^e  PcopIe  of  the  State  of  New-York,  represented  in  Senate 
tjo  votei.        ^^^  Assembly,  do  enact  as  follows  : 

3.  §  1.  When  any  charter  officer  in  the  city  of  New- York, 
other  than  an  alderman  or  assistant,  shall  not  have  been  elect- 
ed, by  reason  of  a  tie  or  equality'*  in  the  number  of  votes,  it 
shall  be  lawful  for  the  common  council  to  order  a  special 
election  to  supply  such  omission. 

d?cS°  ^^  *''"'  ^-  5  2.  Such  special  election  shall  be  conducted  in  like 
manner  in  all  respects,  as  near  as  may  be,  as  in  the  case  of 
the  ordinary  annual  election  for  charter  officers,  except  that 
the  same  shall  continue  for  two  days  only,  instead  of  three. 


cafes  *'^'*^"^*^'"®  5.  §  3.  This  law  shall  be  construed  to  apply  as  well  to  past 
as  to  future  cases,  and  shall  take  effect  from  the  day  of  its 
passage. 

cEor8"eiSted      ^'  §  4.  The  continuaucc  in  office,  or  holding  over,  mention- 
^^^'  ed  in  the  fifth  section  of  the  act  to  amend  the  charter  of  the 

city  of  New- York,  passed  April  7th,  1830,  shall  not  be  con- 
strued to  apply  to  the  collectors  elected  in  the  year  eighteen 
hundred  and  twenty-eight,  but  to  those  elected  in  the  year 
eighteen  hundred  and  twenty-nine ;  and  the  term  election 
used  in  the  said  section  shall  be  construed  to  mean  a  gelieral, 
and  not  a  special  election. 


ELECTIONS— CHARTER.  285 


CHAPTER  LXVIII. 


AN  ACT  relative  to  the  Appointment  of  Inspectors  of  the 
Election,  to  he  held  on  the  second  Tuesday  of  April,  in  the 
year  one  thousand  eight  hundred  and  thirty -two,  for  Charter 
Officers,  in  the  fifteenth  Ward  of  the  City  of  New-York, 

Passed  March  30,  1832,  p.  122. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

7.  §  1.  It  shall  be  lawful  for  the  common  council  of  the  city 
of  New- York,  at  any  time  previous  to  the  election  for  charter 
officers,  to  be  held  in  the  said  city  on  the  second  Tuesday  of 
April,  in  the  year  one  thousand  eight  hundred  and  thirty-two, 
and  any  election  hereafter  to  be  held,  to  appoint  competent 
persons  to  act  as  inspectors  of  the  said  election  in  the  fifteenth 
ward  of  the  said  city.  And  any  such  appointment,  already 
made  by  the  said  common  council,  since  the  establishment  of 
the  said  fifteenth  ward  by  law,  and  any  act  or  acts  done  by 
the  said  inspectors  shall  be  deemed  valid  and  legal. 

§  2.  This  act  shall  take  effect  from  and  after  the  passage 
thereof. 


CHAP.  V. 

AN  ACT  to  Extend  the  Time  allowed  for  the  Canvass  of 
Votes  in  the  City  and  County  of  New-York,  at  the  General 
Annual  Election, 

Passed  October  14,  1828.  p.  6. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

8.  §  1.  The  canvass  of  the  votes  given  in  the  city  and 
county  of  New- York,  at  the  ensuing  general  election,  and 
every  annual  election  hereafter,  may  be  completed  within 
the  three  days  next  subsequent  to  the  closing  of  the  poll  of 
such  election. 


236  EXCISE COMMISSIONER  OF. 


CHAP.  LXX. 

AN  ACT  relative  to  the  duties  of  the  Commissioner  of  Excise, 
in  the  city  of  New-York. 

Passed  February  ?7,  18^1    p.  6'3. 

Sect.  1.  Certain  penalties  not  to  be  sued  for  by  overseer  of  the  poor. 
'  2.  Commissioner  of  excise  to  prosecute  for  penalty. 

3.  Common  pleas  costs  taxable  in  certain  cases. 

4.  Suit  not  to  abate,  competency  of  jurors  and  witnesses. 

5.  Duty  of  commissioners  in  paying  over  monies. 

6.  Salary  of  commissioner  of  excise. 

7.  Commissioner  to  give  bond. 

8.  Provision  where  commissioner  neglects  or  refuses. 

Sew  Yo"rk^not      1-  §  I-  ^^  ^^  euacted  by  the  People  of  the  State  of  New-York, 

overseer^  o?^he  ^^i^^'^^^^^^^  ^'^  >Se7i«^e  aud  Assembly,  That  the  act  entitled 

poor.  n  j^Yi  act  to  require  overseers  of  the  poor  to  sue  for  penalties 

incurred  under  certain  penal  statutes,"  be  repealed  so  far  as 

the  same  relates  to  the  city  and  county  of  New- York. 

But  excise  com-  2.  §  11.  And  be  it  further  enacted,  That  it  shall  be  lawful 
form  that  duty,  for,  and  shall  be  the  duty  of  the  commissioner  for  collecting 
the  duty  of  excise,  of  and  from  the  several  retailers  of  strong 
or  spiritous  liquors  in  the  city  of  New- York,  to  sue  for,  pro- 
secute and  recover,  in  his  own  name^  but  for  the  use  of  the 
poor  of  the  said  city,  in  any  court  of  competent  jurisdiction, 
every  penalty  incurred  in  the  said  city  under  the  act  entitled 
"  An  act  to  lay  a  duty  on  stroijg  liquors  and  for  regulating 
inns  and  taverns." 


costrtSre'in  3.  §  IIL  And  be  it  further  enacted,  That  if  the  said  cornmis- 
certain  cases,  gioner  shall  commeuce  any  action  for  any  such  penalty  in  the 
.  supreme  court  or  any  court  of  common  pleas,  and  shall  ob- 
tain a  judgment  against  the  defendant,  he  shall  recover  com- 
mon pleas  costs,  and  if  the  defendant  in  any  such  action  shall 
obtain  judgment,  he  shall  only  be  entitled  to  recover  such 
costs. 

by  deTthVc^.^*^      ^-  ^  ^^'  ■^'^^^  ^^  it  further  enacted,  That  no  such  suit  shall 

abate,  by  reason  of  the  death  or  going  out  of  office  of  any 

such  commissioner,  but  may  be  continued  in  his  name  by  the 

Jurors  and  wit-  attorney  who  shall  commence  such  suit :  -And  further.  That 

it  shall  be  no  objection  to  the  competency  of  any  juror  or 


EXCISE COMMISSIONER  OF.  237 

witne'ss  in  any  such  suit,  that  he  is  a  taxable  inhabitant  of  the  ^ 

city  and  county  of  New- York. 

5.  §  V.  A7id  he  it  further  enacted,  That  it  shall  be  the  duty    ^"ty  of  excise 

y  ^  '  •'    commissioner  m 

of  the  said  commissioner,  to  pay  over  to  the  chamberlain  of  j;gg^"^J'^"^''  "^°' 
the  said  city,  all  penalties  which  he  may  recover  by  virtue 
of  this  act,  after  deducting  all  expenses  and  all  costs  which 
may  be  recovered  against  him  from  time  to  time,  and  also 
such  sum  for  his  services,  as  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New- York  may  from  time  to  time 
think  proper  to  allow  him. 

Act  to  Reduce,  <^c.   1813.       Vol.  2, p.  438. 

6.  §  CCXL.  And  be  it  further  enacted.  That  the  commis-    saiaryofcom- 

•         ^1  '  /'T^T  -^r      J     n         ^       missioner  of  ex- 

sioner  of  excise  for  the  city  and  county  of  New- York  for  the  cise. 
time  being,  shall  be  entitled,  for  his  services,  to  the  sum  of 
seven  hundred  and  fifty  dollars  per  annum,  instead  of  the 
compensation  formerly  allowed  by  law,  which  it  shall  and 
may  be  lawful  for  him  to  retain  out  of  the  monies  which  shall 
or  may  come  into  his  hands  from  the  duty  of  excise  afore- 
said:  A?i6Z  y^rMer,  That  the  said  commissioner  shall  keep 
an  account  of  the  persons  to  whom  licences  shall  be  granted 
in  the  said  city  and  county,  and  of  the  sums  by  each  of  the 
said  persons  paid  therefor,  and  file  the  same  with  the  cham-  . 
berlain  of  the  said  city,  on  or  before  the  last  day  of  April  in 
every  year. 


CliAR   CCXVIII. 

AN  ACT  relative  to  the  Commissioner  of  Excise  in  the  city  of  ' 

New-York. 

Passed  April  20,  1818. 

T.  §  I.  Be  it  enacted  by  the  people  ofUie  State  of  New-York,  commissioner  q£ 
represented  in  Senate  and  Assembly,  That  it  shall  not  be  law-  ifonT^  ^^  ^"^ 
ful  for  the  commissioner  for  collecting  the  duty  of  excise,  of 
and  from  the  several  retailers  of  strong  and  spiritous  liquors 
in  the  city  of  New-York,  to  proceed  to  the  disc^harge  of  the 
duties  of  his  ofTice,  until  he  shall  give  a  good  and  sufficient 
bond,  to  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New- York,  in  the  penal  sum  of  ten  thousand  dollars,  with 


238  FENCES. 

Condition  th«re-  ^^^  ^^^^  ^^^^  Sufficient  securities,  to  be  approved  of  by  the 
mayor  and  chamberlain  of  the  said  city,  conditioned  that  he 
will  on  every  Monday  during  the  month  of  May,  and  on  the 
first  Monday  of  each  succeeding  month,  during  the  time  he 
shall  continue  toehold  said  office,  deliver  to  the  chamberlain 
of  the  said  city,  a  list  of  the  names  of  the  persons  to  whom 
he  shall  grant  licences  to  keep  an  inn  or  tavern,  or  to  sell 
and  retail  strong  or  spirituous  liquors  in  the  said  city,  togeth- 
er with  the  sums  which  he  may  receive  from  them  respect- 
ively, and  that  he  shall  at  the  respective  periods  of  time,  pay 
over  to  the  said  chamberlain,  the  sums  which  he  shall  receive 
for  the  licences  which  he  shall  grant  as  aforesaid :  And  fur- 
ther, that  he  will  in  all  respects  discharge  and  perform  the 
duties  of  his  office  according  to  law.* 

Provision  where      g.  §  II.  And  be  it  further  enacted.  That  if  the  aforesaid 

commissioner  re-  ^  -^  ' 

t^^>e^Kond  commissioner  shall  refuse  or  neglect  to  give  security  as  afore- 
required,  saicl^  that  then  it  shall  be  lawful,  and  it  is  hereby  made  the 
duty  of  the  mayor  of  the  said  city,  to  discharge  the  duties  of 
said  office,  until  the  said  commissioner  shall  execute  such 
bond,  or  another  commissioner  shall  be  appointed  who  shall 
execute  such  bond. 


FE]\CES. 

Revised  Laws,  Vol,  2,  p.  134.  Passed  March  19,  1813. 

% 

1.  Common  Council  to  regulate  Fences. 

• 

Common  council      1-  §  XX.  And  he  it  farther  enacted.  That  it  shall  and  may 

HiJdson^to'^rcgu^  bc  lawful  for  the  common  council  of  the  respective  cities  of 

jate  fences.        J\Tew- York  and  Hudson,  to  make  such  rules  and  regulations 

for  making,  amending,  and  maintaining  the  fences  in  the  said 

cities  respectively,  as  well  partition  fences  as  others,  as  they 

shall  from  time  to  time  judge  most  proper  and  convenient. 

*By  the  act  of  April  10, 1824,  the  mayor  of  the  city  of  New- York,  together  with  the  alder- 
men and  assistanta  are  declared  to  be  commissioners  of  excise  with  full  power  to  carry  into 
execution,  the  provisions  of  the  several  acts  relating  to  excise,  &c. 


FERRIES.  239 


FERRIES. 

Buer.  I.  Penalty  for  detaining  passengers. 

2.  Ferry-boats  not  to  be  employed  in  any  other  businew. 

3.  Rates  of  ferriage  between  New- York  and  the  island  of  Nassau. 

4.  Persona  refusing  to  pay,  forfeit  treble  :  disputes  how  settled. 

5.  Corporation  of  New- York  entitled  to  ferriage. 

6.  Penalty  for  demanding  more  than  lawful  ferriage. 

7.  Rates  of  ferriage  to  be  put  up  in  ferry-houses. 

8.  Ferry-boats  to  be  lettered  with  owner's  names,  and  employed  only  on  th«  fwry. 

9.  Hours  in  which  ferry-boats  are  to  be  kept  in  readiness. 

10.  Inhabitants  of  Brooklyn  may  transport  their  goods  in  their  own  boats. 

11.  No  person  but  corporation  of  New- York  to  keep  ferry. 

12.  Barges  for  passengers  to  be  kept  at  their  ferry. 

13.  Number  of  men  to  manage  boats. 

14.  Barges  to  be  of  certain  dimensions. 

15.  Harbour  masters  to  determine  whether  boats  are  in  proper  order. 
l(t.  Penalties  relative  to  ferriages,  how  recovered  and  appropriated. 

AN  ACT  to  regulate  the  Public  Ferries  between  the  City  of 
New-York  and  the  Island  of  Nassau. 

Passed  April  17,  1822.  p.  256. 

1.  §  1.  Beit  enacted  by  the  People  of  the  State  of  New-York  j  Penalty  for  de- 
represented  in  Senate  and  Assembly,  That  the  ferry-masters  gers. 

or  owners  of  the  ferry-boats  on  the  pubHc  ferries  between 
the  city  of  New- York  and  the  island  of  Nassua,  shall  be  liable 
to  a  penalty  of  five  dollars,  for  a  longer  detention  of  passen- 
gers than  is  now  allowed  by  law,  to  be  sued  for  and  recover- 
ed within  three  days  from  the  time  of  such  detention,  with 
costs  of  suit,  before  any  justice  of  the  peace,  or  court  having 
cognizance  thereof,  one  moiety,  when  recovered,  to  be  paid 
to  the  overseers  of  the  poor  of  the .  city  or  town  where  the 
same  shall  be  recovered,  for  the  use  of  the  poor  thereof,  and 
the  other  moiety  to  the  person  who  will  sue  for  the  same : 
Provided,  That  no  such  penalty  shall  be  recovered  in  case  Proviso. 
the  wind,  weather,  or  ice,  shall  render  the  crossing  of  the 
river  dangerous  or  very  difficult  at  the  time  complained  of, 
nor  shall  it  apply  to  any  cases  of  detention  by  accidents  or 
casualities,  nor  unless  a  passage  was  demanded,  and  neglect- 
ed or  refused  at  the  time  complained  of. 

2.  §  2.  And  be  it  further  enacted.  That  if  the  ferry-masters  Boats  not  to  be 
or  owners  of  any  ferry-boats  on  the  aforesaid  public  ferries,  other  business."^ 
shall  suffer  the  same  to  be  employed  in  any  other  business 

than  from  ferry-stairs  to  ferry-stairs,  except  to  relieve  vessels 
in  distress,  said  vessel  being  at  the  time  in  the  East  river, 


sau-Island 


240  FERRIES. 

east  of  Governor's  island,  and  west  of  Catharine-street  ferry, 
they  shall  be  liable  for  every  offence  to  a  penalty  of  fifty 
dollars,  to  be  recovered  at  the  suit  of  the  overseers  of  the 
poor  of  the  city  of  New- York,  or  of  the  town  of  Brooklyn, 
Avhich  ever  first  shall  sue  for  the  same,  before  any  court  hav- 
ing cognizance  thereof,  for  the  use  of  the  poor  of  the  said 
city  or  town  aforesaid. 

[Thirty-Sixth  Session,  Vol  2,  p,  355.] 
CHAP.   LXXXVI. 

AN  ACT  TO  REDUCE,  &c. 

Passed  AprP.  9.  1813. 

FeiTies  and  Rates  of  Ferriage  between  the  City  of  New-York 
and  the  Island  of  Nassau. 
Rates  of  Ferriago     3.  §  XLV.  And  be  it  furtlicr  enacted,  That  the  rales  or  prices 
York^and^Nrs"-  f^i'  Carrying  men,  women,  horses,  cattle,  grain,  and  all  other 

goods,  merchandise,  and  things  whatsoever,  in  the  ferry- 
boats from  the  city  of  New- York  to  the  island  of  Nassau,  or 

from  the  island  of  Nassua  to  the  city  of  New- York,  shall  be 

as  follows  :  that  is  to  say. 

For  eveiy  horse,  mare,  or  gelding,  with  or  without  a  saddle, 
twelve  and  an  half  cents. 

Every  fat  ox,  steer,  or  bull,  twenty-five  cents ;  for  all  other 
neat  cattle,  eighteen  cents  ;  the  ferry-master  to  find  the 
necessary  head-ropes  to  fasten  and  secure  the  cattle  in 
the  boats. 

Every  live  calf,  hog,  or  sheep,,  three  cents  ;  every  lamb,  two 
cents. 

Every  dead  calf,  hog,  or  sheep,  two  cents  ;  every  dead  lamb, 
pig,  or  shote,  one  cent. 

Every  quarter  of  beef,  three  cents. 

Every  firkin  of  butter,  lard,  or  tallow,  two  cents. 

Every  pail  or  tub  of  butter,  lard,  or  tallow,  one  cent. 

Every  other  package  of  butter,  lard,  or  tallow,  three  cents 
per  cwt. 

Every  cheese,  one  quarter  cent. 

Every  liam,  an  half  cent. 

Every  hundred  weight  of  bar-iron,  nail-rods,  nails,  steel,  shot, 
painters  colours,  lead,  pewter,  rice,  sugar,  copperas,  alum, 
brimstone,  dye-wood,  or  any  other  kind  of  grocery,  com- 
monly sold  by  the  hundred,  three  cents. 


FERRIES.  241 

Every  hundred  weight  of  copper,  brass,  or  iron  hollow  ware, 

six  cents. 
Every  hundred  weight  of  gunpowder,  six  cents. 
Every  hundred  weight  of  beaver,  raccoon  skins  or  coats,  or 

other  furs,  four  cents. 
Every  bushel  of  salt,  wheat,  rye,  Indian  corn,  buckwheat, 

flax-seed,  or  any  other  article  of  grain,  commonly  sold  by 

the  bushel,  an  half  cent. 
Every  bushel  of  apples,  pears,  peaches,  potatoes,   turnips, 

walnuts,  green  beans  and  pease,  and  every  other  article 

sold  by  the  bushel,  heaped  measure,  an  half  cent. 
Every  hundred  of  sheeps-heads,  shad  or  bass,  twelve  and 

an  half  cents. 
Every  hundred  perch,  three  cents. 
Every  bag  full  of  flour,  meal  or  bread,  not  exceeding  two 

bushels,  one  cent. 
Every  barrel  of  wheal  flour,  rye,  or  Indian  meal,  tluree  cents. 
Every  barrel  of  bread,  two  cents. 
Every  hogshead  or  pipe  of  wine,  rum,  brandy  or  molasses, 

containing  one  hundred  and  twenty  gallons,  thirty-seven 

and  an  half  cents,  and  in  that  proportion  for  casks  of  a 

greater  or  less  size. 
Every  barrel  of  soap,  six  cents. 
Every  hogshead  of  cider,  twenty  cents. 

Every  barrel  of  cider,  six  cents.  , 

Every  barrel  of  beef  or  pork,  six  cents. 
Every  empty  pipe  or  hogshead,  six  cents. 
Every  empty  tight  barrel,  two  cents. 
Every  empty  flour  cask,  one  cent. 
Every  turkey,  goose,  brandt,  or  other  wild  or  tame  fowl,  one 

quarter  of  a  cent. 
Every  dozen  of  small  birds,  one  quarter  of  a  cent. 
Every  hundred  eggs,  two  cents. 
Every  coach,  eighty  cents. 
Every  phaeton,  fifty-fire  cents. 

Every  one  horse  chaise  with  standing  top,  thirty-one  cents. 
Every  other  riding  chair  or  gig,  twenty-five  cents. 
Every  sulkey,  twenty-cents. 
Every  wagon,  thirty-seven  and  an  half  cents. 
Every  double  sleigh,  twenty  cents. 
Every  single  sleigh,  fifteen  and  an  half  cents. 
Every  pair  of  cart  wheels,  twelve  and  an  half  cents. 

31 


242  FERRIES. 

Every  pair  of  chair  or  wagon  wheels,  six  cents. 

Every  thousand  three  feet  shingles,  fifty  cents. 

Every  thousand  shingles  from  twenty-four  to  twenty-seven 
inches  in  length,  thirty-one  cents. 

Every  thousand  shingles  from  eighteen  to  twenty-two  inches 
in  length,  twenty-five  cents. 

Every  thousand  feet  of  joist  or  scantling,  thirty-one  cents. 

Every  board  of  one  inch  thick,  twelve  inches  wide  and  four- 
teen feet  long,  three  quarters  of  a  cent ;  and  in  that  propor- 
tion for  boards  and  plank  of  different  lengths  and  thickness. 

Every  hundred  lath  for  shingling,  twenty-five  cents. 

Every  thousand  cedar  or  pine  lath,  for  ceiling,  twelve  and  an 
half  cents. 

Every  cedar  bolt,  one  cent. 

Every  hundred  of  pipe-staves  or  heading,  fifteen  cents. 

Every  hundred  of  hogshead  staves  or  heading,  twelve  and  ai: 
half  cents. 

Every  hundred  of  barrel  staves  or  heading,  eight  cents. 

Every  hundred  feet  of  window  glass,  three  cents. 

Every  fierce  of  lime,  twelve  and  an  half  cents. 

Every  bushel  of  loose  lime,  two  cents. 

Every  hundred  bricks,  six-cents. 

Every  full  trunk  or  chest,  four  feet  long,  six  cents  ;  if  empty, 
three  cents. 

.Every  full  trunk  or  chest  three  feet  long,  four  cents ;  i 
empty,  two  cents. 

Every  full  trunk  or  chest  two  feet  long,  two  cents  ;  if  empty, 
one  cent. 

Every  full  trunk  or  chest  less  than  two  feet  in  length,  one 
cent ;  if  empty,  an  half  cent. 

Every  book-case  or  cupboard,  twenty-five  cents. 

Every  secretary  or  chest  of  drawers,  twenty  cents. 

Every  mahogany  dining-table,  eight  cents  ;  of  other  wood, 
four  cents. 

Every  mahogany  tea  or  card-table,  four  cents  ;  of  other 
wood,  two  cents. 

Every  piano  forte,  twenty  cents. 

Every  mahogany  bedstead,  four  cents  ;  of  other  wood,  two 
cents. 

Every  clock  and  case,  twenty-five  cents. 

Every  side-board,  thirty-seven  and  an  half  cents. 

Every  mahogany  settee,  twenty  cents  ;  of  other  wood  six  cts. 


FERRIES.  243 

Every  mahogany  cradle,  six  cents  ;  of  other  wood,  four  cts.     ' 
Every  dozen  of  Windsor  or  other  sitting  chairs,  twelve  and 

an  half  cents. 
Every  case  with  full  bottles,  four  cents  ;  if  empty,  two  cts. 
Every  dozen  wool  or  cotton  cards,  two  cents. 
Every  bale  of  cotton  or  wool,  ten  cents. 
Every  hundredjweight  of  cotton  or  wool,  (not  in  bales)  six 

cents. 
Every  dozen  scythes,  two  cents. 
Every  corn  fan,  one  cent. 

Every  piece  of  osnaburgs  or  duck,  two  cents.  / 

Every  piece  of  blankets,  dufiels,  coatings,  or  frize,  four  cents. 
Every  piece  of  broadcloth,  serge,  shrouds,  flannel,  half-thicks 

or  drugget,  two  cents. 
Every  piece  of  duroy,  calimancoes,  shalloon,  or  linen,  one  ct. 
Every  dozen  of  men's  or  boy's  hats,  one  cent. 
Every  man's  or  woman's  saddle,  one  cent. 
Every  pair  of  blankets,  one  cent. 
Every  rug,  one  cent. 

Every  dozen  of  spades  or  shovels,  two  cents. 
Every  looking-glass,  as  follows  : 

plate  six  feet  long,  fifty  cents. 

plate  five  feet  long,  thirty  cents. 

plate  four  feet  long,  twenty  cents. 

plate  three  feet  long,  twelve  cents. 

plate  two  feet  long,  four  cents. 

All  under  one  cent. 

Every  picture  as  follows  : 

glass  four  feet  long  or  upwards,  eight  cents. 

glass  three  feet  six  cents. 

glass  two  feet  two  cents. 

All  under  one  cent. 

Every  dozen  of  frying-pans,  two  cents. 
Every  empty  firkin  or  pail,  one  quarter  of  a  cent. 
Every  empty  two  bushel  basket,  one  quarter  of  a  cent ;  and 

smaller  in  proportion. 
Every  dozen  of  empty  bags,  one  half  cent. 
Every  side  of  soal  leather,  one  cent. 
Every  side  of  upper  leather,  one  half  cent. 
Every  calf-skin,  one  quarter  of  a  cent. 
Every  beet's  hide,  two  cents. 
Every  bear-skin  or  dry  hide,  or  horse-skin,  an  half  cent. 


244  FERRIES^. 

Every  barrel  of  tar,  pitch,  turpentine  or  rosin,  six  cents. 
Every  ton  of  cordage,  hemp,  6r  flax,  sixty-two  and  an  half 

cents. 
Every  coach  body,  tvv^enty-five  cents. 
Every  chaise,  chair,  or  suikey  body,  nine  cents.    ■ 
Every  crate  of  earthen-ware,  twelve  and  an  half  cents. 
Every  cask  of  flax-seed,  and  dry  beans  or  pease  of  seven 

bushels,  seven  cents. 
,   Every  hundred  oysters  or  clams,  one  cent. 
Every  sheaf  of  straw,  an  half  cent. 
Every  feather-bed,  three  cents. 
Every  cat-tail,  or  straw  bed,  one  cent. 
Every  mattress  of  hair  or  wool,  two  cents. 
Every  chaldron  of  coals,  fifty  cents. 
Every  cord  of  nut-wood,  eighty  cents. 
Every  cord  of  oak,  or  other  wood,  seventy  cents. 
Every  kettle  of  milk,  of  eight  gallons  or  upwards,  two  cents. 
Every  empty  milk  kettle,  one  cent. 
Every  musket  or  fowling  piece,  one  cent. 
Every  ream  of  paper,  one  cent. 
Every  fruit  or  other  tree,  more  than  six,  or  less  than  ten  feet 

long,  an  half  cent ;  all  under,  a  quarter  cent. 
Flowers, or  shrubs  in  pots  or  boxes,  an  half  cent. 
Every  corpse  of  an  adult,  twenty-five  cents  ;  of  a  child  twelve 

and  an  half  cents. 
Every  hundred  weight  of  hay,  ten  cents. 
Every  dog,  four  cents. 
Every  passenger,  two  cents. 
Every  horse  boat  of  household  furniture,  when  a  single  boat 

is  required,  one  hundred  and  fifty  cents. 
ties%f we^ghun  -^^^  whcncver  a  certain  rate  of  ferriage  is  fixed  for  any 
the^same  proper-  paj-^icular  quantity  or  weight  of  goods  or  merchandise,  a  pro- 
portionable rate  shall  be  taken  for  any  greater  or  less  quan- 
tity or  weight  of  the  same  goods  :  Provided  always,  That  no 
ferriage  shaU  be  paid  for  a  suckling  child,  or  for  such  small 
articles  not  before  enumerated,  as  a  woman  carries  in  her 
apron,  or  a  man  or  a  boy  in  his  hand,  or  under  his  arm. 

tkfes"nS^speci-  4.  §  XLVI.  And  be  it  farther  enacted,  That  the  ferriage  of 
?oMing''^trabo''ve  ^^^  Other  goods,  merchandise,  and  things  whatsoever,  not 
tion%o\uamuy  Specified  in  this  act,  from  the  city  of  New- York  to  the  island 
or  weight.  ^^  Nassau,  or  from  the  island  of  Nassau  to  the  city  of  New- 


con- 
cerning ferriage, 
how  settled. 


FERRIES.  245 

York,  shall  be  paid  according  to  the  rates  above  specified,  in 
proportion  to  the  weight  or  quantity  transported,  and  not 
otherwise ;  and  if  any  person  shall  refuse  to  pay  the  ferry-  to^"''"\o^f"S 
man  the  rates  and  prices  of  ferriage  established  by  this  act,  ^'^^^^• 
the  person  so  refusing  shall  forfeit  and  pay  to  such  ferryman 
treble  the  rate  to  which  such  person  was  liable  by  this  act, 
to  be  recovered  with  costs  of  suit,  in  any  court  having  cogni- 
zance thereof;  and  if  any  disputes  shall  arise,  concerning  the  ceS^^^i 
rates  or  prices  of  ferriage,  for  any  goods  or  commodities  not 
particularly  expressed  in  this  act,  and  the  matter  be  brought 
before  any  justice  of  the  peace  by  the  contending  parties, 
such  justice  shall  hear  and  determine  the  same,  so  as  to  him 
shall  appear  to  be  conformable  to  the  true  intent  and  mean- 
ing of  tliis  act,  and  shall  award  costs  against  the  party  in  de- 
fault. 

5.  §  XL VII.  And  be  it  further  enacted,  That  it  shall  be  ^.^"'■p?'^^'*^'?.*'! 

'  '^  '  N.  York  entitled 

lawful  for  the  mayor,  aldermen  and  commonalty  of  the  city  ^^  the  ferriage, 
of  New-York,  to  demand  and  receive  the  rates  and  prices  of 
ferriage  aforesaid,  for  the  said  ferriage  from  and  to  the  said 
city  as  aforesaid,  and  may  establish  and  keep  one  or  more 
ferries  between  the  said  city  and  the  island  of  Nassau  as 
aforesaid. 

6.  §  XLVIII.  And  he  it  farther  enacted,  That  if  any  ferry-   ^''".^'*>'  ^«''  ^^- 

^  J  '  .  J      mandmg  or  tak- 

man  or  his  servant,  shall  ask,  demand,  or  take  any  greater  or  JaJfuTfema^ e'^" 

other  rates  of  ferriage  from  the  said  city  of  New- York,  to 

the  island  of  Nassau,  or  from  the  said  island  of  Nassau,  to  the 

said  city  of  New- York,  than  are  herein-  before  established, 

the  person  so  offending  shall,  for  every  offence,  forfeit  and 

pay  the  sum  of  two  dollars  and  fifty  cents. 

7.  §  XLIX.  And  he  it  further  enacted,  That  the  ferry-mas-   Ferry-master  to 

•*  J  ^  J  put  up  the  rates  of 

ters,  or  keepers  of  the  ferries,  shall  have  the  rates  of  all  the  ferriage  in  a  con- 

^  spiciious  place  in 

articles  enumerated  in  the  forty-fifth  section  of  this  act,  to-  ferry-houses,  an- 

,  ,  ,  der  a  penalty. 

gether  with  the  fines  and  penalties  relating  to  ferries,  printed 
on  a  large  sheet  of  paper,  and  always  keep  those  rates  up  in 
a  conspicuous  place  in  the  ferry-houses  at  the  ferries ;  and  if 
any  or  either  of  the  said  ferry-masters,  or  keepers  of  said 
ferries,  shall  neglect  to  put  up  or  keep  the  said  lists  as  afore- 
said, the  person  so  offending  shall  be  liable  to  a  fine  of  three 
dollars  for  every  day  he  shall  so  neglect  the  same,  to  be  re- 


246  FERRIES. 

covered  at  the  suit  of  any  person  who  shall  sue  for  the  same 
before  any  court  having  cogniaance  thereof. 

And  whereas  the  ferry-boats  are  frequently  employed  in 
jobbing  and  transporting  goods  and  merchandise  from  places 
having  no  connexion  with  the  said  ferry,  whereby  the  public 
suffer  great  inconvenience,  for  remedy  whereof, 

be^feuered^with  8.  §  L.  Be  it  further  enacted,  That  the  owner  or  keeper  of 
&Tunder"a"pe-  cvcry  fcrry-boat  shall  have  his  name  painted  with  white  let- 
"^'^^'  ters,  three  inches  in  length,  on  a  black  ground,  on  the  outside 

of  the  stern  of  his  boat,  and  the  words  ferry-boat  in  like  man- 
ner on  the  inside  of  the  stern  of  every  boat ;  arid  the  owner 
or  keeper  of  every  ferry-boat  who  shall  neglect  to  have  his 
boat  lettered  as  aforesaid,  shall  be  liable  to  a  fine  of  three  dol- 
rm'i7o>Smiyon  ^^^s  for  evcry  wcck  he  shall  so  neglect  the  same;  and  the 
the  ferry.  Qwucr  Or  kccpcr  of  cvcry  ferry-boat  who  shall  employ,  or  suf- 

fer the  same  to  be  employed  in  any  other  business,  except  from 
ferry-stairs  to  ferry-stairs  on  both  sides  of  the  river,  shall  be 
liable  to  a  fine  of  fifteen  dollars  for  every  offence,  to  be  re- 
covered at  the  suit  of  the  overseers  of  the  poor  of  the  city 
of  New- York,  or  of  the  town  of  Brooklyn,  which  ever  first 
shall  sue  for  the  same  before  any  court  having  cognizance 
^     thereof. 

Hours  during      9.  ^  LI.  And  hc  it  further  enacted,  That  the  ferrv-masters 

which  ferryboats  ^  r    i        r  i  in  n     '•  •         , 

are  to  be  kept  in  or  owucrs  01  tlic  lerrv-Doats,  shail  at  aJl  tmies  m  the  months 

readiness.  -a  «•  t  t    i         \  i    oi 

of  May,  J  une,  July,  August  and  September  m  every  year, 
have  boats,  ready  for  the  transportation  of  passengers  and 
goods  from  an  half  an  hour  before  sunrise  in  eveiy  morning 
dHa^^d^mor^e^"  to  niuc  o'clock  iu  the  evening,  and  in  all  the  other  months  in 
than  5  minutes.    ^^  year,  from  sunrise  to  eight  o'clock  in  the  evening,  and 
that  no  passenger  shall  be  detained  more  than  five  minutes, 
under  the  penalty  of  fifty  cents  for  every  offence  at  any  time. 
Proviso.        within  the  hours  or  times  aforesaid:    Provided  the  wind^ 
weather,  or  ice,  do  not  render  the  crossing  of  the  river  diffi- 
cult or  very  dangerous. 

BmoklJn'"may*^  10.  §  LII.  And  he  itfiirther  enacted,  That  it  shall  be  law- 
g3°fn  !hek  ful  f*^!'  ^i^y  ^^  t^^^  inhabitants  of  the  town  of  Brooklyn  to  trans- 
own  boats.  ^q^,^  their  own  goods  in  their  own  boats  from  the  island  of 

Nassau  to  the  city  of  New- York,  and  from  the  city  of  New- 
York  to  the  island  of  Nassau,  without  paying  any  ferriage 


I 


FERRIES.  247 

for  the  same :  Provided,  however,  that  if  any  such  inhabi-  Proviao. 
tant,  under  colour  or  pretext  of  transporting  his  or  her  own 
goods  only,  shall  carry  or  bring  over  the  said  ferry  the  goods 
of  any  other  person,  of  what  kind  soever,  wath  or  without 
hire  or  reward,  every  such  inhabitant  shall,  for  every  such 
offence,  forfeit  and  pay  to  the  ferry-man  of  such  fery,  tw^o 
dollars  and  fifty  cents,  to  be  recovered  with  costs  of  suit  be- 
fore any  justice  of  the  peace  or  court  having  cognizance 
thereof. 

11.  §  LIII.  And  be  it  further  enacted,  that  no  person  other    No  person  but 

•^  *  ^  corporation  of  N. 

than  the  said  mayor,  aldermen  and  commonalty,  shall  erect  y.  to  keep  a  terry 

•^  -'  between  said  city 

or  keep  a  ferry  between  the  said  city  and  Nassau  Island,  for  and  xa?sau  isi- 

^  •'  ''  and,  under  a  pe- 

carrying  or  bringing  of  any  passengers,  horses,  cattle,  hogs,  oaity. 
sheep,  goods,  merchandise,  or  other  things  w^hatsoevcr,  over 
the  said  ferry  hereby  rated,  with  or  without  any  hire  or  re- 
ward, under  the  penalty  of  one  hundred  and  twenty-five  dol- 
lars for  every  such  offence. 

12.  §  LIV.  And  be  it  further  enacted,  That  a  sufficient  K''"'?''^  ^'?'-  P'-^^- 

■*  ^^  '  senfrers  to  be  kept 

number  of  barges  shall  at  all  times  be  kept  at  the  ferries  for  at  tue  terries, 
the  transportation  of  passengers,  and  that  the  ferry-masters 
shall  not  suffer  any  baggage  or  lumber  whereby  any  passen- 
ger shall  be  incommoded,  to  be  put  on  board  any  of  the  said 
barges,  under  the  penalty  of  two  dollars  for  every  offence,  to 
be  paid  to  any  person  who  shall  sue  for  the  same.  . 

13.  §  LV.  And  be  it  further  enacted,  That  the  feri^'-mas-  Number  of  men 

If.,.  1  ,  ,  to  manage  ferry- 

ters  shall  constantly  keep  m  their  employ  not  less  than  two  boats. 
men  to  row  in  every  barge,  and  two  men  in  every  horse-boat 
or  large  boat ;  and  if  any  of  them  shall  neglect  to  keep  the 
number  of  men  in  every  boat,  the  ferry-masters  or  keepers 
of  any  of  the  ferries  aforesaid,  shall  be  liable  to  a  fine  of 
five  dollars  for  every  offence,  to  be  recovered  in  the  manner 
described  by  the  fiftieth  section  of  this  act. 


14.  §  LVI,  And  be  it  further  enacted,  That  every  barge  Barges  to  be  of 
employed  in  the  said  ferries  shall  not  be  less  than  twenty-two  sfons!" 
feet  in  length,  nor  less  than  five  feet  and  a  half  in  breadth ; 
and  that  the  ferry-masters  or  their  agents  shall  not  admit 
more  than  eighteen  passeng43rs  on  board  any  of  those  barges,   Number  of  pas- 

'     .  1  ,  ,  r  111  r  r-    sengers  therein  to 

at  one  tunc,  under  the  penalty  oi  two  dollars  lor  every  of-  be  admitted. 


248  FERRIES. 

fence,  to  be  recovered  from  the^ ferry-masters  by  any  person 
who  will  sue  for  the  same,  before  any  coui't  having  cog- 
nizance thereof. 


S^dSerSi^nf'       15..  §  LVII.  And  be  it  further  enacted,  That  the  harbour 

Zfinlwllt%x.  masters  of  the  city  of  New- York,  for  the  time  being,  shall  be 

^^'^^  ^  the  persons  who  shall,  at  all  times,  on  the  complaint  of  any 

person,  determine  whether  the  boats  are  in  the  order  and 

condition  in  which  ferry-boats  ought  to  be  kept. 

Penalties  relative       16.  §  LVIII.  And  bs  it  farther  eiiacted,  Thsit  siil  the -peuTil- 
riages,  how  re-  tics  and  forfeitures  imposed  by  the  part  of  this  act  relating 

covered   and  ap-  _        ,  .  ^    ^        .  ,  , 

propriated.  to  lemes  and  rates  of  ferriage,  except  where  the  same  is 
herein  before  otherwise  appropriated,  may  be  recovered  with 
costs  of  suit  in  any  court  having  cognizance  thereof,  by  any 
person  who  will  sue  for  the  same  to  effect,  the  one  moiety 
whereof,  when  recovered,  to  be  paid  to  the  overseers  of  the 
poor  of  the  city  or  town  w^here  the  same  shall  be  recovered, 
for  the  use  of  the  poor  thereof,  and  the  other  moiety  to  the 
person  who  will  sue  for  the  same.* 

*  The  right  to  establish  Ferries  is  secured  to  the  Corporation  of  the  city  of  Xew-York  by 
the  charter  of  1686,  and  by  the  second  charter  they  have  power  to  establish  as  many  as  they 
think  proper.  The  ferry  between  the  city  of  New  York  and  the  island  of  Kassau  (Long 
Island)  has  been  the  subject  of  repeated  enactments  under  the  colonial,  and  since  the  organi- 
zation of  the  present  government.  It  appears  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New- York  regulated  the  rates  of  ferriage,  &c.  under  the  charter  until  the  2d  of  No- 
vember, 1717,  when  an  act  was  passed  by  the  colonial  assembly  regulating  the  ferry 
^nd  establishing  the  rates  of  ferriage.  S.  &  L.  vol.  1,  p.  108.  This  act  was  revived  the  17tb 
of  June,  1726  and  15th  of  November,  1737.  S.  &  L.  vol.  1,  p.  145, 146.  By  an* act  passed  the 
14th  of  October,  1732,  the  rates  of  ferriage  and  the  regulation  of  the  ferry  were  again  esta- 
blished, and  remained  until  the  organization  of  the  present  government.  The  subsequent 
'  enactments  may  be  seen  in  the  list  of  acts  relating  to  the  city  of  New-York  in  this  volume. 

It  is  mentioned  in  McCauley's  History  of  the  St-ate  of  New- York,  vol.  2,  p  450,  (meaning  it 
probably  as  an  evidence  of  the  simplicity  or  eccentricity  of  former  times,)  that  an  act  was 
passed,  (referring  to  the  act  of  1732,)  regulating  the  rates  of  ferriage  between  New- York  and 
Brooklyn,  and  of  tlie  rates  fixed  upon  upwards  of  three  Jmndred  articles,  there  was  one,  giv- 
ing to  the  ferryman  three  eggs  for  every  hundred  carried  to  market : 


FINANCES— OP  THE  CITY.  »4d 

[Thirty-Eighth  Session. — Vol.  3,  p.  157.} 

FJERRY-HOUSES. 

AN  ACT  authorizing  the  Corporation  of  New-York  to  erect 
Ferry  Houses,  of  wooden  materials,  within  the  said  City, 

Passed  April  11,  181S. 
1.  Wooden  buildings  for  ferry-houses  may  bo  constructed. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York,  have  by  their  memorial,  presented  to  the  legis- 
lature, prayed  that  they  may  be  authorized  to  construct  ferry- 
houses  of  wooden  materials  within  part  of  the  said  city  with- 
in which  buildings  are  required  to  be  constructed  with  brick 
or  stone.  And  whereas  it  does  not  appear  to  the  legislature 
that  any  inconvenience  or  danger  w^ill  arise  from  granting 
the  prayer  of  the  said  memorialists  :  Therefore, 

1.  §  1.  Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Semite  and  Assembly,  That  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York  be,  and 
they  are  hereby  authorized  to  cause  such  wooden  buildings 
as  they  may  deem  proper  for  ferry-houses  to  be  constructed 
upon  the  wharves  or  streets  adjoining  any  or  either  of  the 
present  or  future  ferries  from  the  said  city  to  Long-Island, 
Staten-Island  or  New- Jersey,  any  law  to  the  contrary  there- 
of in  any  wise  notwithstanding. 


[6  Webster,  p.  436.] 

FINA]\CES"Of  the  City. 

CHAP.  XCIX. 

1.  New-York  city,  recital  respecting  its  finances,  and  application  to  the  legislature  oi» 

the  subject. 
9.  Bonds,  given  by  the  corporation,  rights  of  persons  holding,  not  impaired. 

4.  Certificates  to  be  given.  10.  Binding  on  the  corporation. 

0.  transferable;  7.  Interest  payable  half  or  quarter  yearly. 

5.  Comptroller,  his  duty. 

8.  PersoBs  entrusted  with  the  execution  of  this  law,  to  give  security. 

2.  Stock  may  be  created.  3.  Sum  limited,  and  times  of  payment  may  be  prescribed, 

11.  Redemption. 

12.  Tax,  in  what  case  may  be  laid  to  aid  in  redeeming  stock. 

13.  A  stock  of  S400,000  to  be  created. 

PassedJune  8, 1812. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the      j 
city  of  New- York,  have,  by  their  memorial  to  the  legislature 

32 


\ 


250  FINANCES — of  the  city. 

represented,  that  by  reason  of  the  great  expenses  which 
they  have  incurred  in  the  erection  of  public  buildings  in  the 
city  of  New- York,  in  the  purchase  of  grounds  for  public 
purposes,  in  the  opening,  enlarging  and  improving  streets,  in 
constructing  wharves  and  piers,  and  in  consequence  of  vari- 
ous other  improvements  of  a  permanent  nature  in  the  said 
city,  they  have  found  the  ordinary  revenues  of  the  corpora- 
tion altogetlier  inadequate  to  meet  the  demands  which  those 
expenses  hnve  produced,  and  that  they  have,  therefore,  from 
time  to  time,  been  obliged  to  raise  money  by  bonds  under 
their  corporate  seal  to  defray  some  of  those  expenses,  and 
have  also  given  other  bonds  as  a  security  for  the  payment  of 
the  residue  tlxcreof,  representing  further,  that  for  the  purpose 
of  carrying  into  operation  the  plan  which  has  lately  been  made 
by  the  commissioners  appointed  by  an  act  of  the  legislature,  for 
laying  out  the  said  city  in  streets,  avenues  and  public  squares, 
a  sum  of  money  will  become  requisite,  which  they  despair 
of  beinsr  able  to  raise  without  lepjislative  interference  in  their 
behalf;  and  praying  that  the  legislature  may  pass  an  act  per- 
mitting them  to  fund  their  present  debt  and  provide  for  their 
future  exigencies  by  creating  a  stock  not  exceeding  nine  hun- 
dred thousand  dollars.  And  v/hereas  the  prayer  of  said  me- 
morial appears  reasonable,  and  is  the  more  especially  proper 
to  be  granted,  inasmuch  as  the  interest  of  the  state  at  large 
is  intimately  connected  with  the  prosperity  and  improvement 
of  the  city  of  New- York,  and  that  prosperity  and  improve- 
ment essentially  depend  upon  and  will  be  materially  increas- 
•  ed  by  a  permanent  arrangement  of  the  finances  of  this  city, 

.       •  and  thus  establishing  the  credit  of  the  corporation  on  a  solid 

basis :  Therefore, 
2  ^  I.  Be  it  enacted  hy  Uie  People  of  the  State  of  New-Yorhy 

represented  in  Senate  and  Assembly,  That  it  shall  and  may 
be  lawful  to  and  for  the  mayor,  aldermen  and  commonalty  of 
of  fhe  city  of  New- York,  as  soon  as  conveniently  may  be 
after  the  passing  of  this,  act,  to  create  a  public  fund  or  stock, 
not  exceeding  nine  hundred  thousand  dollars,  and  to  be  de- 
nominated "the  New- York  city  stock,"  and  that  a  proper 
book  or  books  for  receiving  subscriptions  to  the  said  fund, 
be  opened  at  such  times  and  places  as  the  common  council 
of  the  said  city,  may  from  time  to  time  direct  and  prescribe, 
to  continue  open  each  time  so  long  as  the  said  common  coun- 
cil may  direct,  and  until  such  sum  as  they  shall  direct  shall 


FINANCES— OF  THE  CITY.  251 

be  subscribed  for:  Provided,  that  all  the  sums  so  subscribed  3 
for  shall  not  exceed  in  the  whole  the  sum  of  nine  hundred 
thousand  dollars ;  and  the  sums  which  shall  be  subscribed 
thereto,  be  payable  at  such  times  and  places,  and  in  such 
manner  as  shall,  for  that  purpose,  be  prescribed  by  ordinan- 
ces or  resolutions  of  the  said  common  council,  and  either  in 
specie  or  current  notes  of  any  bank  or  banks  in  the  said  city 
or  in  such  of  the  bonds  of  the  said  mayor,  aldermen  and 
commonalty  as  may  then  be  outstanding,  according  to  the 
real  value  of  the  said  bonds,  after  deducting  such  suins  or 
demands  as  the  mayor,  aldermen  and  commonalty  may  have 
a  legal  right  to  set  off  against  the  said  bonds  in  cases  where 
any  such  right  may  exist. 

§  II.  And  be  it  further  enacted,  That  for  the  said  sum  so  4 
subscribed  and  paid,  the  subscriber  or  subscribers  shall  be 
entitled  to  a  certificate  or  certificates  signed  by  the  comp- 
troller of  the  said  city,  and  countersigned  by  such  person 
as  the  common  council  may  direct,  in  such  form  as  the  com- 
mon council  may  prescribe,  for  a  sum  or  sums  which  shall 
together  be  equal  to  the  amount  so  subscribed  and  paid,  and 
each  and  every  sach  certificate  to  purport  in  f^ubstance  as 
follows,  to  wit :  That  the  mayor,  aldermen  and  cojnmonalty 
of  the  said  city  owe  to  such  subscriber  or  subscribers, -a  sum 
to  be  expressed  therein,  not  less  however  than  one  hundred 
dollars,  bearing  an  interest  not  exceeding  seven  per  cent,  per 
annum,  the  said  inte^-est  to  be  payable  half  yearly,  or  quarter 
yearly,  as  the  said  common  council  may  see  fit  to  direct,  and 
the  said  principal  not  to  be  redeemable  until  fourteen  years 
after  the  date  of  such  certificate. 

§  III.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  § 
the  said  comptroller  of  the  said  city,  to  superintend  the  sub- 
scriptions to  the  said  fund,  to  open  books  lor  tiiC  same,  to  is- 
sue the  certificates  above  mentioned,  to  enter  in  books  to  be 
by  him  kept  for  that  purpose,  credits  to  the  resp'^Ciiro  sub- 
scribers for  the  sums  to  which  they  shall  be  respectively  en- 
titled, to  transfer  the  said  credits  from  time  to  time,  as  shall 
be  requisite  to  pay  the  interest  thereupon,  as  the  same  shall 
become  due,  either  by  warrants  to  be  prepared  for  the  pur- 
pose, or  in  such  other  way  as  may  be  directed  by  the  com- 
mon council  of  the  said  city,  and  generally  to  observe  and 


2W  FINANCES— OF  the  city. 

perform  such  directions  and  regulations  as  shall,  from  time 
to  time,  be  prescribed  to  him  by  the  said  common  council, 
touching  the  execution  of  his  said  office. 

6  §  IV.  And  he  it  further  enacted,  That  the  said  stock  which 
shall  be  created  by  virtue  of  this  act,  shall  be  transferable 
only  on  the  said  books  of  the  said  comptroller,  by  the  propri- 
etors of  the  said  stock,  his,  her  or  their  attorney,  for  that 
purpose  duly  qualified. 

7  §  V,  And  he  it  further  enacted,  That  the  interest  upon  the 
said  stock,  as  the  same  shall  become  due,  shall  be  payable 
half  yearly  on  the  first  day  of  May  and  on  the  first  day  of 
November,  or  quarter  yearly  on  the  first  day  of  May,  on  the 
first  day  of  August,  on  the  first  day  of  November  and  on  the 
first  day  of  February,  according  to  the  terms  of  the  said  sub- 
scription or  the  agreement  between  the  parties,  and  the  certi- 
ficate aforesaid,  unless  either  of  the  said  days  shall  happen 
to  be  Sunday,  and  in  such  case,  the  interest  shall  be  payable 
the  next  day. 

S  §  VI.  And  he  it  further  enacted,  That  the  persons  entrust- 

ed by  the  common  council  with  the  execution  of  this  act, 
shall  before  they  enter  on  the  duties  imposed  upon  them, 
become  bound  in  such  sureties  and  to  such  amount,  as  shall 
be  satisfactory  to  the  said  common  council,  conditioned 
for  the  faithful  execution  of  the  said  duties  entrusted  to 
them. 

9  §  VII.  And  he  it  further  enacted.  That  nothing  in  this  act 

contained  shall  be  construed,  in  any  wise,  to  abridge  or  im- 
pair the  rights  of  those  persons  who  now  hold  bonds  of  the 
said  mayor,  aldermen,  and  commonalty  of  the  city  of  New- 
York,  who  shall  not  subscribe  to  the  said  stock. 

IQ  §  VIII.  And  he  it  further  enacted,  That  the  certificates  to 

be*issued,  in  mannner  aforesaid,  though  not  under  the  com- 
mon seal  of  the  said  mayor,  aldermen  and  commonalty  of  the 
said  city,  shall  be  binding  and  obligatory  upon  the  said  cor- 
poration in  like  manner,  and  with  like  force  and  effect, 
as  though  the  same  were  issued  under  the  said  common 
s€aL 


FINANCES— OF  THE  CITY.  253 

§  IX.  And  he  it  further  enacted.  That  the  faith  of  the  said  11 
mayor,  aldermen  and  commonalty  of  the  city  of  New- York, 
shall  be  pledged  for  the  final  redemption  and  payment  of  the 
stock,  which  shall  or  may  be  created  pursuant  to  the  provi- 
sions of  this  act,  and  that  all  and  singular  the  revenues  of  the 
said  mayor,  aldermen  and  commonalty,  shall  be  and  they  are 
hereby  pledged  and  appropriated  for  the  payment  of  the  in- 
terest which  shall  become  due  on  the  said  stock,  and  shall 
continue  so  pledged  until  the  final  redemption  of  the  said 
stock ;  and  that  in  case  the  said  revenues  be  not  suflicient 
to  satisfy  and  pay  the  whole  of  the  said  interest,  then  and  in 
that  case  the  faith  of  the  state  shall  be,  and  the  same  is  here- 
by pledged  to  pass  such  act  and  acts  as  shall  from  time  to 
time  be  necessary,  authorising  the  mayor,  recorder,  and  al- 
dermen of  the  said  city,  to  raise  by  tax,  on  the  estates  real 
and  personal  of  the  freeholders  and  inhabitants  of  and  situ- 
ate within  the  said  city,  such  sum  and  sums  of  money  as 
shall  and  may  be  requisite  to  supply  any  and  every  such  de- 
ficiency. 


CHAP.  CI. 

AN  ACT  authorising  the  Mayor,  Aldermen  and  Commonalty  % 

of  the  City  of  New-York  to  create  a  Public  Stock. 

Passed  March  24,  1820. 

'  §  13.  I.  JBe  it  enacted  by  the  People  of  the  State  of  New-York,  tS^^o^tfc!^^.. 
represented  in  Senate  and  Assembly,  That  it  shall  be  lawful  '*^'^'^" 
for  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  to  create  a  public  fund  or  stock,  not  exceeding  four 
hundred  thousand  dollars,  in  addition  to  the  sum  authorised 
to  be  created  in  and  by  the  act,  entitled  "  an  act  to  regulate  • 
the  finances  of  the  city  of  New- York,"  passed  June  8,  1812, 
which  said  stock  shall  be  denominated  "  the  New-Yorlf  city 
stock,"  and  shall  bear  an  interest  not  exceeding  six  per  cent. 
per  annum,  which  shall  be  paid  quarter  yearly  :  And  further, 
That  all  the  provisions  of  the  said  act,  which  are  not  herein 
otherwise  provided  for,  shall  have  the  same  force  and  cflcct, 
to  all  intents  and  purposes,  relative  to  the  stock  hereby  au- 
thorised to  be  created,  which  they  would  have  had  provided 
the  said  act  had  been  incorporated  with,  and  made  part  of 
this  act:  Provided  always,  That  nothing  herein  contained     P''"^''«"- 


254  FINES. 

shall  be  so  construed  as  to  deprive  the  holders  of  stock,  cre- 
ated by  said  act,  of  any  lien  which  they  are  entitled  to  by 
said  act,  upon  the  revenues  of  the  said  mayor,  aldermen  and 
commonaltv. 


[Laws  of  1830,  Chap.  320,  j),  384.] 

1.  Additional  provisions  concerning  the  collection  of  fines  in  New- York. 
^  2.  Duties  of  the  clerks  of  the  courts  of  record. 

3.  Dut}'  of  the  clerk  of  the  court  of  common  pleas. 

4.  His  compensation  and  payment  over  the  residue  of  moneys  collected. 

'    AN  A  CT  to  amend  certain  Provisions  of  the  Revised  Statutes, 
and  in  addition  thereto. 

Passed  April  20,  1830. 

.lons'^co^nJemTng      1-  §  52.  The  forty- third  section  of  the  sixth  title  of  chap- 

"n  New-York.""'  tcr  eight,  part  third,  shall  be,  and  the  same  is  hereby  repealed ; 

and  in  lieu  thereof,  the  following  sections  shall  be  inserted 

in  the  second  article  of  the  said  title,  at  the  end  thereof,  as 

sections  forty-three,  forty-four,  and  forty-five. 

of^Si^'counf  of      2.    '  §  48.  It  shall  be  the  duty  of  the  clerks  of  the  several 
r^ecord.  courts  of  rccord  in  the  city  and  county  of  New- York,  within 

twenty  days  after  the  adjournment  of  their  respective  courts, 
to  deliver  a  list  of  the  persons  upon  whom  fines  shall  have 
been  imposed  by  the  said  court,  for  their  non-attendance  as 
jurors,^  together  with  the  amount  of  such  fine,  to  the  clerk  of 
the  said  court  of  common  pleas  in  and  for  the  said  city  and 
county  of  New- York. 

Duty  of  clerk  of      3.  "  §  44.  The  clcrk  of  the  said  court  of  common  pleas  shall 

court  of  common    ,,.  ,,..  ^,  .,.  , 

pleas.  deliver  to  the  district  attorney  oi  the  said  city  and  county, 

the  names  of  all  persons  who  have  been  fined  for  their  non- 
attendance  as  jurors,  and  whose  fines  have  not  been  remitted 
by  the  said  court  of  common  pleas  ;  and  the  said  district  at- 
torney may  proceed  f  o  collect  the  same,  by  an  action  of  debt 
to  be  brought  in  the  said  court  of  common  pleas,  and  judg- 
ments may  be  entered  for  the  amount  of  such  fine  and  costs 
of  suit. 

tion  anT^ymJnt      4.  "  §  45.  The  .Said  court  of  common  pleas  may  allow  the 
dueofmonies'coi-  clerk  of  the  Said  court,  out  of  the  fines  so  collected  as  afore- 

lected. 


FIRE  DEPARTMENT.  255 

said,  such  reasonable  compensation  as  to  the  court  shall  seem 
just,  for  the  duties  performed  by  him  in  pursuance  of  the  pro- 
visions of  this  article.  And  for  the  services  performed  by 
him  in  relation  to  jurors  for  the  city  and  county  of  New- 
York,  the  residue  of  the  monies  so  collected,  shall  be  paid 
over  and  applied  as  now  provided  by  law.". 


[Fortieth  Session — Vol  4,  b.  p.  48.] 

FIRE  DEPARTMENT. 

CHAP.  LIX. 

1.  Firemeiimcmbersof  the  Fire  Department. 

2.  Fines  how  recovered. 

3.  Firemen  maimed  on  duty,  how  provided  for. 

4.  Chief  engineer  to  decide  claims. 

5.  6.  Fines  how  recovered  and  where,  and  with  costs. 
7.  Competency  of  witnesses  in  certain  cast4. 

AN  ACT  concerning  the  FircDepartment  of  the  city  of  New- 

Yorh 

Passed  February  23,  1817. 

\.^  \.  Be  it  enacted  by  the  People  of  the  State  of  New-York^  Firemen  men>- 
represented  in  Senate  and  Assembly,  That  all  persons  who  now  partment. 
are,  or  hereafter  may  be,  appointed  firemen  by  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York,  in  com- 
mon council  convened, .  shall  while  they  continue  such  fire- 
men, be,  and  they  are  hereby  declared  to  be,  members  of  the 
fire  department  of  the  city  of  New- York. 

2.  §  II.  Repealed  by  the  act  of  15th  of  January,  1819,  vide 
the  following. act. 

3.  §  III.  And  be  it  further  enacted.  That  any  firemen  of  the  Firemen  maimed 
city  of  New- York,  who  shall,  while  in  the  performance  of  vided  L.^^^  ^'^^ 
his  duty,  as  such,  so  maim  or  injure  himself  as  to  render  him 
thereafter  unable  to  perform  the  said  duties  of  a  fireman,  or 

who  shall  have  so  maimedhimself  since  the  fifth  day  of  May 
last,  shall  be  and  hereby  is  entitled  to  the  benefit  of  the  law, 
passed  the  12th  April,  1810,  entitled  "an  act  granting  privi- 
leges to  the  firemen  of  the  city  of  New- York,"  and  fixing  the 
time  of  their  service  ;  Provided  however,  That  he  shall  not  re-  proviso. 
ceive  the  certificate  granting  him  the  privileges  of  that  act, 


356  FIRE  DEPARTMENT. 

until  the  expiration  of  the  time  he  would  have  been  compell- 
ed to  serve,  if  he  had  not  been  so  maimed  or  injured,  in  order 
to  obtain  such,  certificate. 

S(fe'ST'°  4.  §  IV.  A7id  he  it  further  enacted,  That  when  any  doubt 
exists,  in  the  mind  of  the  chief  engineer,  as  to  the  claim  of 
any  firemen  to  the  privileges  of  the  foregoing  section,  it  shall 
be  his  business  to  examine  into  such  claim,  and  his  decision 
shall  be  final. 


[Forty-Second  Session — VoL  5,  a.  p.  5 J] 

CHAP.  VL 

AN  ACT  to  amend  "  An  act  concerning  the  Fire  Department 
of  the  city  of  New-Yorh^''  passed  February  2Sthy  1817. 

Passed  January  15,1319. 

Whereas,  the  reference  in  the  second  section  of  the 
above  mentioned  act  is  to  the  act  of  1813,  instead  of  the  act 
entitled,  "  An  act  for  the  more  effectual  prevention  of  fires 
in  the  city  of  New- York,"  passed  April  11th,  1815:  There- 
fore, 
vSedf  ^""^ '"'""  ^  5.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  the  fines  and  penal- 
ties imposed  by  so  much  of  the  law  passed  April  11th,  1815, 
entitled,  "  An  act  for  the  more  effectual  prevention  of  fires  in 
the  city  of  New- York,"  as  relates  to  the  more  effectual  pre- 
vention of  fires,  shall  and  may  be  recovered,  with  costs  of 
suit,  in  any  court  of  record  within  this  state,  by  the  fire  de- 
partment of  the  city  of  New- York,  for  their  own  use,  and 
that  the  second  section  of  the  act  hereby  amended  be  and  the 
same  is  hereby  repealed. 


[Forty-third  section,  Vol  5,  h.  p.  119.] 
CHAP.  CXXXI. 

AN  ACT  relating  to  the  Fire  Department  in  the  city  of  New- 
York. 

Passed  April  1,  1820. 

Finftsrecoveiabie      §  6.  Be  it  enacted  hi/  the  People  of  the  State  of  New-York,  re- 

with  cosla.  '  ,  ••      cy  a  7     Vni 

presented  in  Senate  and  Assembly,  That  the  fines  and  penalties 


FIRE  DEPARTMENT.  257 

imposed  by  so  much  of  the  law  passed  the  ninth  of  April,  in  the 
year  one  thousand  eight  hundred,  and  thirteen,  entitled  "  An 
act  to  reduce  several  laws  relating  particularly  to  the  city 
of  New- York,  into  one  act,  as  relates  to  the  more  effectual 
prevention  of  fires,"  shall  and  may  be  recovered  with  costs 
of  suit,  in  any  court  of  record  within  this  state,  by  the 
fire  department  af  the  city  of  Nevv^-York,  for  their  own  use. 


\_Forty  Seventh  Session —  V^oL  6,  c.  p.  25.] 

CHAP.  XXXIV. 

AN  ACT  allowing  Testimony  in  certain  cases  relating  to  the 
Fire  Department  in  the  city  of  Few-York. 

Passed  February  6,  1824. 

7.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  competenrjr  of 
represented  in  Senate  and  Assembly,  That  in  any  action,  suit,  tain  cases. 
or  other  proceeding  which  now  is,  or  hereafter  may  be  insti- 
tuted, commenced  or  prosecuted  for  the  recovery  or  collec- 
tion of  any  fine,  penalty  or  forfeiture,  imposed  by  any  exist- 
ing or  future  law  of  this  state,  or  by  any  existing  or  future , 
faw  or  ordinance  of  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New- York,  and  appropriated  to  the  use  of  the 
fire  department  of  the  city  of  New- York,  or  of  any  of 
the  fire  companies  in  said  city,  it  shall  be  no  objection  to  the 
competency  of  any  witness  in  any  such  action,  suit,  or  other 
proceeding,  for  the  recovery  or  collection  of  any  such  fine,^ 
penalty  or  forfeiture,  so  imposed  and  appropriated  to  the  use 
of  the  fire  department  of  the  said  city,  or  of  any  of  the  fire 
companies  in  said  city,  that  he,  the  said  witness,  is,  or  has 
been  a  fireman  of  said  city,  or  a  member  of  the  said  fire  de- 
partment, or  is,  or  may  become  entitled  to  the  benefit  of  the 
fire  department  fund  of  the  city  of  New- York. 


3:jr 


258  FIRE  LLMITS  EXTENDED. 

FIRE  LIMITS  EXTENDED. 

CHAP.  XXXIV. 

1.  Buildings  within  certain  limits  to  be  of  stone  or  brick. 

2.  Act  of  April  11, 1815,  extended.  \ 

3.  Fire  limita  defined. 

AN  ACT  further  to  extend  the  act  passed  Apinl  11, 1815,  en- 
titled  "  An  Act  for  the  more  effectual  prevention  of  Fires  in 
the  City  of  New-York:' 

Passed  May  1,1829. 

The  People  of  the  State  of  New-York,  represenied  in  Senate 
and  Assembly,  do  enact  as  follows : 

1.  §  1.  All  dwelling-houses,  store-houses  and  other  build- 
ings, which  from  and  after  the  first  day  of  May  next,  shall  be 
built  or  erected  without  the  limits  prescribed  in  and  by  the 
act  entitled  "  An  act  in  addition  to  the  act  for  the  more  effect- 
ual  prevention  of  fires  in  the  city  of  New- York,"  passed 
April  12th,  1822,  and  to  the  west  and  south  of  the  limits  fol- 
lowing, that  is  to  say  :  beginning  upon  the  East  river  oppo- 
site Gouverneur-street  and  running  thence  through  Gouver- 
neur-street  to  Division-street,  and  thence  through  Division- 
street  to  Catharine-street,  including  also  the  lots  to  the  depth 
of  one  hundred  feet  on  each  side  of  Gouverneur-street,  and 
on  the  south  side  of  Division-street,  through  which  the  said 
line  runs  (or  so  much  of  said  lots  on  Division-street,  as  are 
not  embraced  in  the.  provisions  of  any  existing  law  for  the 
prevention  of  fires  in  the  said  city ;  also  all  dwelling-houses, 
store-houses  and  other  buildings,  which  from  and  after  the 
first  day  of  May  next,  shall  be  built  or  erected  without  the 
limits  prescribed  in  and  by  the  act  passed  April  9,  1823,  en- 
titled "  xin  act  to  amend  an  act,  entitled  *  An  act  for  the  more 
effectual  prevention  of  fires  in  the  city  of  New^-York,'  pass- 
ed April  11,  1815,"  and  to  the  west  and  south  of  the  limits 
following,  that  is  to  say :  beginning  upon  the  North  or  Hud- 
son's river  opposite  Spring-street,  and  running  thence  through 
Spring-street  to  Broadway,  and  thence  through  Broadway  to 
Canal-street,  including  also  the  lots  of  ground  to  the  depth  of 
one  hundred  feet  on  the  northerly  side  of  Spring-street,  be- 
tween Broadway  and  the  North  or   Hudson's  river,  and  also 
all  dwelling-houses,  store-houses  and  other  buildings  which 
from  and  after  the  first  day  of  May  next,  shall  be  built  or 


FIRE  LIMITS  EXTENDED.  259 

erected  without  the  limits  prescribed  in  and  by  the  act  pass- 
ed March  21,  1827,  entitled  "  4-n  act  in  addition  to  the  act 
entitled  *  An  act  in  addition  to  the  act  for  the  more  effectual 
prevention  of  fires  in  the  city  of  New- York,'  passed  April 
12th,  1822,"  and  to  the  west  and  south  of  the  limits  follow- 
ing, that  is  to  say  :  beginning  at  a  point  in  the  centre  of  the 
Bowery,  where  it  is  intersected  by  Grand-street,  and  running 
thence  through  the  Bowery  to  Houston-street,  and  thence 
through  Houston-street  to  Broadway,  including  also  the  lots 
of  ground  to  the  depth  of  one  hundred  feet  on  each  side  of 
those  parts  of  the  Bowery  and  Houston-street  through  which 
the  said  line  runs,  shall  be  made  and  constructed  of  stone  or 
brick,  with  party  or  fire  walls  rising  at  least  six  inches  above 
the  roof,  and  shall  be  covered,  except  the  flat  roof  thereof, 
with  tile  or  slate,  or  other  safe  materials  against  fire,  and 
not  with  board  or  shingles  ;  piiovided  such  flat  do  not  exceed 
two  fifth  parts  of  such  roof,  and  that  there  be  erected  around 
the  same  flat  a  substantial  balcony  or  balustrade. 

2.  §  II.  All  the  provisions  and  penalties  in  the  said  act, 
entitled  "An  act  for  the  more  effectual  prevention  of  fires  in  the 
city  of  New- York,"  passed  April  11,1815,  shall  have  the  same 
force  and  effect,  to  all  intents  and  purposes,  with  respect  to 
the  districts  embraced  in  the  first  section  of  this  act,  which 
they  would  have  had,  if  the  provisions  of  that  act  had  been 
incorporated  with  and  made  part  of  this  act. 


CHAP.   CCXII. 

AN  ACT  to  extend  the  Fire  Limits  in  the   City  of  New- 

Yank. 

Passed  April  21,  1831. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

3.  §  1.  All  dwelling-houses,  store-houses,  and  other  build- 
ings, which,  after  the  first  day  of  July  next,  shall  be  built  or 
erected  in  the  city  of  New- York,  without  the  fire-limits  of 
the  said  city,  as  the  same  may  have  been  defined  or  extended 
by  any  act  or  acts  heretofore  passed,  and  within  the  follow- 
ing boundaries,  that  is  to  say: 

1.  Beginning  on  the  East  river  opposite  Rivington-street, 


260  FIRE  LIMITS  EXTENDED. 

and  running  thence  through  Rivhigton-street  to  the  Bowery ; 
thence  through  the  Bowery  to  Division-street;  thence 
through  Division-street  to  Gouverneur-street;  thence  through 
Gouverneur-street  to  the  East  river ;  and  thence  along  the 
East  river  to  the  place  of  beginning ;  including  all  the  lots 
to  the  depth  of  one  hundred  feet  on  the  northerly  side  of 
such  part  of  Rivington-street,  -and  on  both  sides  of  such  part 
of  the  Bowery  as  are  comprised  in  the  foregoing  description. 

2.  Beginning  at  the  intersection  of  Broadway  and  Spring- 
street,  and  running  thence  through  Spring-street  to  a 
line  drawn  one  hundred  feet  distant,  westerly  from  the 
westerly  side  of  Greene-street  and  parallel  thereto ;  thence 
along  said  line  to  Amity-street ;  thence  through  Amity- 
street  to  the  Sixth  avenue ;  thence  through  the  Sixth 
avenue  to  Eighth-street;  thence  through  Eighth-street  to 
a  line  drawn  two  hundred  feet  distant,  westerly  from  the 
westerly  side  of  Broadway,  "and  parallel  thereto ;  thence 
along  the  last  mentioned  line  to  the  centre  of  Tenth-street ; 
thence  along  a  line  parallel  to  the  Bloomingdale  road,  and 
two  hundred  feet  distant,  westerly  from  the  westerly  side 
thereof,  to  Fourteenth-street;  thence  through  Fourteenth- 
street  to  the  Bowery  ;  thence  through  the  Bowery  to  Hous- 

V  toun-street ;  thence  through  Houstoun-street  to  Broadway  ; 

and  thence  through  Broadway  to  the  place  of  beginning,  and 
including  all  the  lots  to  the  depth  of  one  hundred  feet  on  the 
southerly  side  of  such  part  of  Amity-street,  and  on  the  north- 
erly side  of  such  part  of  Eighth-street,  as  are  mentioued  in 
the  foregoing  description :  and, 

3.  Beginning  at  the  intersection  of  the  Bowery  and  Four- 
teenth-street, and  running  thence  through  Fourteenth-street 
to  the  First  avenue ;  thence  through  the  first  avenue  to  North- 
street  ;  thence  through  North-street  to  the  Bowery  ;  and 
thence  through  the  Bowery  to  Fourteenth-street,  at  the  place 
of  beginning,  and  including  all 'the  lots  to  the  depth  of  one 
hundred  feet  on  the  northerly  side  of  such  part  of  Fourteenth- 
street,  the  easterly  side  of  such  part  of  the  First  avenue,  and 
the  southermost  part  of  such  side  of  North-street,  as  are 
mentioned  in  the  foregoing  description,  shall  be  deemed  to  be 
within  the  fire  limits  of  the  said  city,  and  shall  be  subject  to 
all  the  provisions  of  the  act  for  the  more  effectual  prevention 
of  fires  in  the  city  of  New- York,  passed  April  llth,  1815, 
and  of  the  several  acts  to  amend  or  in  addition  to  the  same. 


FIREMEN— PRIVILEGES  OF.  261 

[Thirty-Nnith  Session — Vol,  4,  a.  p.   104.] 
FIREME]^--privileges  of. 

1.  Certificates  of  service  of  firemen. 

2.  Fire  department  continued  as  a  body  corporate. 

3.  Wliat  term  of  servico ;  examples  in  certain  cases. 

4.  Charter  of  firemen  extended. 

5.  Power  to  purchase  and  hold  real  and  personal  estate. 

AN  ACT  granting  privileges  to  the  Firemen  of  tlie  City  of 
New-York. 

Passed  ApriU2,  1810. 

1.  Repealed  by  the  act  of  4th  April,  1829,  vide  the  follow- 
ing act. 


1. 


§  II.  And  he  it  further  enacted.  That  certificates  of  the  certificates  to  be 

,  ,  /,  .  1  />  signed  by  clerk  of 

tune  that  such  persons  as  aforesaid  have  served  as  firemen,  common  council 

111P1  t      1^    ^  '  ^        •  ^"^    chief   engi- 

signed  by  the  clerk  of  the  common  council  of  the  said  city,  "«»"• 
and  by  the  chief  engineer,  shall  be  sufficient  evidence  thereof. 

2.  §  III.  And  he  it  further  enacted,  That  the  fire  depart-  pj^.^  department 
mentofthe  city  of  New- York,  and  their  successors,  shall  body"corpor^a^te.'' 
continue  to  be  a  body  corporate  and  politic  in  fact  and  in 
name,  until  the  first  day  of  May,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirty-eight,  with  all  the  rights, 
powers  and  privileges,  and  subject  to  all  the  provisions,  re- 
strictions, limitations  and  conditions  mentioned  and  contain- 
ed in  the  act,  entitled  "  an  act  to  incorporate  the  firemen  of 
the  city  of  New- York." 


CHAP.  C. 

AN  ACT  to  amend  an  Act  entitled  "  An  Act  granting  Privi- 
leges to  tke^Firemen  of  the  City  of  New  York.^'' 

Passed  April  4,  1S29. 

The  people  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  asfollotos  : 

3.  §  1.  Every  person  who  on  the  first  day  of  February,  in     what  term  of 
the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty-  cmnin  tllX  '" 
nine,  had  been  a  fireman  of  the  city  of  New- York,  during 
sei-en,  eight,  or  nine  years,  and  who  shall  serve  as  such  one 


262  FIREMEN— PRIVILEGES  of. 

V 

year  thereafter ;  and  every  person  v^^ho  on  the  said  first  day 
of  February  had  been  such  fireman  for  six  years,  or  a  less 
period  of  time,  and  who  shall  serve  as  such  for  so  long  a  time 
thereafter  as  shall  make  the  vi^hole  term  of  his  service  eight 
years,  and  every  person  vrho  may  have  become  such  fireman 
after  the  said  first  day  of  February,  and  who  shall  serve  as 
such  for  seven  years,  shall  be  for  ever  after  such  service  ex- 
empted from  serving  as  a  juror  in  any  of  the  courts  of  this 
state,  and  from  all  militia  duty,  except  in  cases  where  the 
militia  are  Ordered  into  actual  service. 

§  2.  The  first  section  of  the  act  hereby  amended  is  re- 
pealed. 


chap:  cxxxix. 

AN  ACT  to  extend  the  Charter  of  tJie  Firemen  of  ilie  City 
of  New-York, 

Passed  April  16, 1831.  p.  188. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

4.  §  1.  The  act  entitled  "  An  act  to  incorporate  the  fire- 
men of  the  city  of  New- York,"  passed  March  the  20th,  1798, 
and  all  acts  and  parts  of  acts  relating  to  the  said  corporation, 
and  which  are  now  in  force,  shall  be  continued  in  force  until 
the  first  day  of  May,  one  thousand  eight  hundred  and  sixty, 
unless  sooner  altered,  modified,  or  repealed  by  the  Legisla- 
ture. 

5.  §  2.  The  said  corporation  shall  ha-ve  power  to  purchase, 
hold  and  convey  any  estate,  real  or  personal,  for  the  use  and 
objects  for  which  the  said  corporation  was  instituted ;  but 
such  real  or  personal  estate  shall  not  exceed  the  sum  of  fifty 
thousand  dollars. 


FIRES— PREVENTION  OF.  263 

FIRES—Preveiition  of. 

CHAP.  CCXCI. 


1.  43.  Buildings  to  be  of  stone  or  brick. 

2.  Outside  and  party  walls  to  be  of  certain  tiiicknesa. 

3.  Regulations  of  roof  and  windows. 

4.  „  of  timbers  and  beams. 

5.  „  of  chimnies. 

&         „  of  front  and  walls. 

7.  „  of  gutters. 

8.  „  of  scuttles. 

9.  „  of  plate  pieces. 

10.  „  of  anchors. 

11.  Buildings  subject  to  provision  of  this  act. 

12.  Buildings  damaged  by  fire,  how  to  be  repaired. 

13.  Damages,  how  determined, 

14.  Roofsof  steeples,  cupolas,  &c.    49. 

15.  Public  buildings,  55.    How  may  be  covered. 

16.  Privies  how  built. 

17.  Penalty  for  violating  law. 

18.  Buildings  exempt  from  this  act. 

19.  Ash  holes.  ^        ^ 

20.  Wooden  sheds.  ^ 

21.  Wood  buildings. 

22.  Penalty  for  violating  three  last  sections. 

33.  What  houses,  &c.  common  nuisances.  47.  53. 
24,  25.  Regulations  respecting  guMpowdcr.  . 

26.  Penalty  for  violation. 

27.  Powder  to  be  landed  from  vessels. 

28.  Transhipment  of  powder. 

29.  How  to  be  carried  through  streets. 

.  30.  Where  to  be  stored  when  forfeited. 

31.  Notice  to  be  given  of  seizure. 

32.  Search  warrant  to  be  issued  in  certain  cases. 

33.  Seizure  and  proceedings. 

34.  Actions  to  recover  powder,  how  and  when  brought, 

35.  This  act  not  to  apply  to  ships  of  war. 

36.  Seizure  of  powder  duning  any  fire. 

37, 38.  Sulphur,  &c.  in  what  quantities  to  be  kept,  penalty. 

39.  Pitch,  tar,  &c. 

40.  Suits  to  recover  penalties. 

41.  To  be  brought  in  one  year. 

42.  Repealing  clause. 

44.  Penalty  for  building  contrary  to  act  of  April  11, 1815. 

45.  Buildings  erected  after  passing  act  of  1815  within  certain  bounds. 

46.  Penalty  for  erecting  buildings  contrary  to  last  section. 
48.  Certain  buildings  may  be  roofed  with  shingles. 

50   Parts  of  act  to  reduce,  &c.  1813,  vol.  2,  p.  3G5,  repealed. 
51.  Buildings  fronting  on  Harman-st  to  be  of  brick  or  stone. 
51,  52.  Provisions  not  to  apply  to  leasehold  estates. 
54.  Provision  for  new  roofing  buildings- 

56.  Penalty  for  firing  guns  in  the  city. 

57.  Firemen  to  be  appointed  by  the  Common  Council. 
.58.  Firemen  exempted  from  certain  duties. 

59.  Common  Council  to  make  rules  for  regulation  of  firemen. 

60.  Duty  of  the  sherifl',  &c.  in  case  of  fire. 

61.  Common  Council  to  orrfcr  inhabitants  to  provide  fire  buckets. 

62.  Loss  of  fire  buckets  how  borno  by  the  corporation. 

63.  Lost  buckets  to  whom  to  belong  when  found. 

64.  In  case  of  fire,  mayor  may  order  buildings  to  be  torn  down. 
.65.  Idle  and  suspicious  persons  may  be  removed  from  fires. 

66.  Ordinances  may  be  passed  for  cxtinguishing^firos. 

67.  Certain  buildings  required  to  be  fire-proof. 

68.  Materials  for  buildings  in  certain  districts  prescribed* 


261  FIRES PREI»E?mON  OF. 

AN  ACT  to  amend  the  Acts  heretofore  passed^  for  the  Preven- 
tion  of  Fires  in  the  City  of  New-York, 

Passed  April  20, 1830.  p.  349, 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Buiidingfitobaof      1-  §  1-  The  outside  and  paity-walls  of  all  dwelling-houses, 
stony  or  brick.     gtore-hoUses,  aiid  other  buildings  hereafter  to  be  erected  or 
built  within  the  fire  limits  of  the  city  of  New- York,  as  the 
same  now  exist  or  may  hereafter  be  extended,  shall  be  con- 
structed of  stone  or  brick. 

Outside  and  par-  2.  §  2.  Thc  outsidc  and  party  walls  of  such  buildings  shall 
not  be  less  than  eight  inches  thick,  except  flues  of  chimneys, 
in  any  part  thereof;  and  the  party  or  end  walls  of  such 
buildings  shall  rise  and  be  extended  to  the  roof,  and  so  far 
through  the  same  as  to#nedt  and  be  joined  to  the  slate,  tile,, 
or*  other  covering  thereof,  by  a  layer  of  mortar  or  cement. 

Roof.  3.  §  3.  Thc  planking  or  sheeting  of  the  roof  of  any  such 

building,  shall  in  no  case  be  extended  across  the  party  or 
end  walls  thereof;  and  all  such  buildings,  and  to  the  top  and 
sides  of  all  dormer  windows  therein,  shall  be  roofed  or  cover- 
ed with  tile,  slate,  or  other  fire-proof  material. 


Timbeig. 


4.  §  4.  All  beams  and  other  timbers  in  the  party  walls  of 
such  buildings,  shall  be  separated  from  each  other  at  least 
four  inches,  by  brick  or  mortar ;  and  all  plate  pieces  in  the 
front  and  rear  walls  thereof,  shall  recede  from  the  outside  of 
the  wall  at  least  four  inches  ;  and  such  wall  shall  be  built  up 
and  extended  to  the  slate,  or  other  fire-proof  covering  of  the 
roof. 

chiMnics.  5'  §  5.  All  discharging  or  arch  pieces  used  in  the  chimnies- 
of  any  such  building,  shall  recede  from  any  flue  in  any  such 
chimney  at  least  four  inches  :  No  such  chimney  shall  be  start- 
ed or  built  upon  the  floor  of  the  building,  or  be  cut  off  to  be 
supported  below  by  wood ;  and  all  hearths  shall  be  support- 
ed with  arches,  of  stone  or  brick. 

Jrmjt^  and  rear  q    ^^^^    ^^  ^:^^^^^^,  ^j^^jj  ^^  ^^^^  -^  ^|^^  ^^^^^  ^^  ^,^^^  ^f  ^^y 

building  within  such  fire  limits,^ where  stone  is  now  commoa- 


FIRES PREVENTION  OF.  265 

ly  used  ;  Each  lintel  on  the  inside  of  the  front  or  rear  wall 
of  every  such  building,  shall  have  a  secure  brick  arch  over 
it ;  and  no  bond  timber  in  any  wall  thereof,  shall  in  width 
and'thickness  exceed  the  width  and  thickness  of  a  course  of 
brick  ;  and  such  bond  timbers  shall  be  laid  at  least  eighteen 
inches  apart  from  each  other,  on  either  side  of  any  wall  res- 
pectively. 

7.  §  7.  All  wooden  gutters  of  any  such  building,  over  thir-    Gutter«. 
ty  feet  in  height  from  the  level  of  the  side-walk  to  the  foot 

of  the  rafters,  shall  be  lined  or  covered  on  the  upper  surface 
thereof  with  copper,  zinc,  or  other  fire-proof  material. 

8.  §  8.  All  scuttles  on  any  such  building  shall  be  made  or    scuttiei. 
covered  with  copper,  zinc,  iron,  or  other  fire-proof  material ; 

and  all  window  shutters  and  doors  in  the  rear  of  any  such 
building,  (if  such  building  be  over  thirty  feet  in  height,  as 
aforesaid,)  which  shall  be  used  as  a  ware-house  or  store- 
house for  goods,  shall  be  made  of  iron  or  copper. 

9.  §  9.  All  plate  pieces  in  any  such  building  as  is  describ-    Piatt  pueei. 
ed  or  mentioned  in  the  first  section  of  this  act,  shall  be  firm- 
ly secured  with  iron  anchors  ;  and  the  cornice  of  every  such 
building  shall  be  hung  in  iron  anchors. 

10.  §  10.  The  anchors  so  to  be  used  at  each  end  of  any    Anchor*, 
such  cornice,  shall  be  at  least  four  feet  long,  including  an  an- 
gle of  at  least  one  foot,  and  shall  be  worked  or  built  into  the 

side  or  end  walls  of  the  buildirlg ;  and  such  anchors  used  for 
supporting  the  centre  of  the  cornice,  shall  return  down  the 
front  of  the  building  on  the  inner  side,  and  shall  be  firmly  se- 
cured to  the  front  beam. 


11.  §  11.  Every  building  of  more  than  thirty  feet  in  height  BuUdings  subject 
from  the  level  of  the  side-walk  to  the  foot  of  the  rafters,  which  this  ac7"'*"* 
shall  hereafter  be  erected  or  built  to  the  southward  of  a  line 

distant  one  hundred  feet  north  of  the  northerly  side  of  Four- 
teenth-street, shall  be  subject  to  all  the  provisions  of  this  act. 

12.  §  12.  Every  building  within  the  fire  limits,  as  the  same  Baiidinge  dama- 
now  exist,  or  may  hereafter  be  extended,  which  may  hereaf-  it'  ^**^  ^^^^' 
ter  be  damaged  by  fire  to  an  amount  equal  to  two-thirds  of 

34 


fiGG  FIRES PREVENTIOIf  OF. 

the  whole  value  thereof,  after  the  lapse  of  at  least  fifteen 
years  from  the  time  of  its  first  erection,  shall  be  repaired  or 
rebuilt  according  to  the  provisions  of  this  act. 

Damagfia.  13.  §  13.  The  amount  or  extent  of  such  damage  maybe 

determined  by  three  indifferent  persons  residing  in  the  said 
city,  one  of  w^hom  shall  be  appointed  by  the  owner  or  own- 
ers of  the  building,  another  by  the  firewardens  of  the  ward  in 
which  such  building  is  situated,  and  the  third  by  the  two  per- 
sons so  appointed ;  and  the  decision  in  writing  of  such  three 
persons,  or  of  any  two  of  them,  shall  be  final  and  conclusive, 
in  all  cases  where  such  mode 'of  determining  the  extent  of 
any  such  damage  shall  have  been  agreed  upon. 

ISofa^&c?'^*'  ■^^*  ^  ^^*  ^^^  roofs,  steeples,  cupolas  and  spires  of  church- 
es or  other  public  buildings,  (where  such  public  building 
shall  stand  at  least  ten  feet  distant  from  any  and  every  other 
building,)  may  be  covered  with  boards  or  shingles. 

Public  buildings.  15.  §  15.  PubHc  buildiiigs  as  mentioned  in  the  last  preced- 
ing section,  are  hereby  defined  to  be  such  buildings  as  shall 
be  owned  and  occupied  for  public  purposes  by  this  state,  the 
United  States,  the  corporation  of  the  city  of  New- York,  or 
the  public  school  society. 


Privies. 


16.  §  16.  All  privies  not  exceeding  ten  feet  square  and  fifteen 
feet  in  height,  and  all  fire  engine  houses  belonging  to  the  cor- 
poration of  the  said  city,  and  all  lime  and  ferry  houses  which 
shall  be  erected  with  the  express  permission  of  the  said  cor- 
poration, may  be  built  and  covered  with  wood,  boards,  oi* 
shingles. 


Penalty.  17.  §  17.  The  owncr  or  owners  of  any  building  who  shall 

violate  any  of  the  foregoing  provisions  of  this  act,  shall,  for 
every  such  offence,  forfeit  and  pay  the  sum  of  five  hundred 
dollars  ;  and  every  builder  who  shall  be  employed,  or  assist 
in  so  doing,  whether  he  be  an  owner  of  such  building  or  not, 
shall,  for  every  such  offence,  forfeit  and  pay  the  additional 
sum  of  two  hundred  and  fifty  dollars. 


«emi?  from  pro'      l®-  §  18.  The  forcgoiug  provisious  of  this  act  shall  not 
visions  of  act.     apply  to  any  building  heretofore  erected  by  any  lessee  or 


FIRES. PREVENTION  OF. 

lessees,  or  other  persons  possessed  of  a  leasehold  interest  in 
any  lands,  tenements,  or  hereditaments,  and  which,  by  any 
express  exception  in  any  law  heretofore  passed,  relative  to 
the  prevention  pf  fires  in  the  city  of  New- York,  would  be  ex- 
empt from  the  provisions  of  such  law. 


267 


19.  §  19.  All  ash  holes  or  ash  houses  within  the  said  city 
shall  be  built  of  stone  or  brick,  without  the  use  of  wood  in 
any  part  thereof. 


Ash-holes. 


20.  §20.  No  wooden  shed  exceeding  twelve  feet  in  height    vvooden  sheds. 
at  the  peak  or  highest  part  thereof,  shall  be  erected  within 

the  fire  limits  of  the  said  city,  as  the  same  now  exist,  or  may 
hereafter  be  extended. 

21.  §21.  No  wooden  building  shall  be  raised,  enlarged,    wooden  buiid- 
or  built  upon,  or  removed  from  one  lot  to  any  other  lot, 

within  such  fire  limits,  as  the  same  now  exist,  or  may  here- 
after be  extended. 


22.  §  22.  The  owner  or  owners  of  any  ash  house  or  ash 
hole,  wooden  shed  or  wooden  building,  who  shall  violate  any 
of  the  provisions  of  the  nineteenth,  twentieth  or  twenty-first 
sections  of  this  act,  and  every  master  builder  who  may  be 
employed  or  assist  therein,  shall,  for  every  such  offence,  sev- 
erally forfeit  and  pay  the  sum  of  two  hundred  and  fifty  dol- 
lars ;  and  such  owner  or  owners  shall  forfeit  and  pay  the  ad- 
ditional sum  of  fifty  dollars,  for  every  twenty-four  hours  du- 
ring which  such  ash  house  or  hole,  wooden  shed  or  wooden 
building,, shall  remain,  in  violation  of  any  such  provision,  after 
due  notice  shall  have  been  given  to  remove  the  same. 


Penalty, 


23.  §  23.  Every  house,  shed,  or  other  building  of  any  de-  sane"?"'"""  ""'' 
scription  whatsoever  herein  before  mentioned,  which  shall 
hereafter  be  erected,  built,  roofed,  repaired,  altered,  enlarged, 
built  upon,  or  removed,  contrary  to  any  of  the  foregoing  pro- 
visions of  this  act,  shall  be  deemed  a  common  nuisance. 


24.  §  24.  It  shall  not  be  lawful  for  any  person  or  persons 
to  have  or  keep  any  quantity  of  gunpowder  exceeding  twen- 
ty-eight pounds  in  weight,  in  any  one  house,  store,  building, 
or  other  place  in  the  city  of  New- York,  to  tiie  southward  of 


Gunpowder. 


268  FIRES— PR|EVENTION  OF. 

a  line  running  through  the  centre  of  Fourteenth-street,  from 
the  North  to  the  East  river ;  or  to  lade,  receive,  have,  or 
keep  any  greater  quantity  of  gunpowder  than  as  aforesaid, 
on  board  of  any  ship,  vessel,  boat,  or  other  water  craft  what- 
ever, within  three  hundred  yards  from  any  wharf,  pier  or  slip, 
in  that  part  of  the  city  lying  southward  of  the  said  line. 

How  to  be  kept.  25.  §  25.  All  gunpowder  which  may  be  kept  in  the  said 
city,  or  on  board  of  any  ship,  vessel,  boat  or  other  water 
craft,  to  the  southward  of  the  line  mentioned  in  the  last  sec- 
tion, shall  be  kept  in  stone  jugs  or  tin  canisters,  which  shall 
not  contain  more  than  seven  pounds  each. 

Penalty.  26.  §  26.  If  any  person  or  persons  shall  have  or  keep  any 
gunpowder  in  the  city  of  New- York,  or  on  board  of  any  ship, 
vessel,  boat  or  other  water  craft,  to  the  southward  of  the 
said  line,  in  any  manner  contrary  to  the  foregoing  provisions 
of  this  act,  either  as  to  quantity  or  as  to  the  manner  of  keep- 
ing the  same,  he,  she  or  they,  shall  forfeit  and  pay  the  sum 
of  one  hundred  and  twenty-five  dollars  for  every  hundred 
pounds  of  gunpowder  so  had  or  kept,  and  in  that  proportion 
for  a  greater  or  less  quantity ;  and  all  such  gunpowder  shall 
be  forfeited  to  the  fire  department  of  the  said  city. 

Powder  to  te  27.  §  27.  The  commander  or  owner  or  owners  of  every 
landed  from  ves-  ^^j^  ^^  other  vesscl  arriving  in  the  harbor  of  New- York,  and 
having  more  than  twenty-eight  pounds  of  gunpowder  on 
board,  shall,  within  forty-eight  hours  after  such  arrival,  and 
before  such  ship  or  vessel  shall  approach  within  three  hun- 
dred yards  of  any  wharf,  pier  or  slip,  to  the  southward  of  a 
line  drawn  through  the  centre  of  Fourteenth-street  as  afore- 
said, cause  the  said  gunpowder  to  be  landed  by  means  of  a 
boat  or  boats,  or  other  small  craft,  at  any  place  without  the 
said  limits  which  may  be  most  contiguous  to  any  magazine 
for  storing  gunpowder,  and  shall  cause  the  said  gunpowder 
to  be  stored  in  such  magazine,  on  pain  of  forfeiting  the  same 
to  the  fire  department  of  the  city  of  New- York. 

Transhipment  of     28.  §  28.  It  shall  be  lawful  either  to  proceed  with  any  such 

powder.  gj^-p  ^j.  yggg^j  ^Q  ggg^^  within  forty-eight  hours  after  her  arrival, 

or  to  tranship    such  gunpowder  from  one  ship  or  vessel  to 


FIRES PREVENTION  OF.  269 

another,  for  the  purpose  of  immediate  exportation,  without 
landing  such  gunpowder  as  in  the  last  section  is  directed ; 
but  in  neither  case  shall  it  be  lawful  to  keep  such  gunpowder 
for  a  longer  time  than  forty-eight  hours  in  the  harbor  of 
New- York,  or  to  approach  with  the  same  within  three  hun- 
dred yards  of  any  wharf,  pier  or  slip  in  the  said  city,  to  the 
southward  of  the  line  specified  in  the  last  section,  on  pain  of 
forfeiture  as  therein  mentioned. 

29.  §  29.  All  gunpowder  which  shall  be  conveyed  or  car-   how  w  be  car- 
ried through  any  of  the  streets  of  the  city  of  New- York,  in 

any  car^  carriage,  wagon,  wheelbarrow  or  otherwise,  shall 
be  secured  in  tight  casks  or  kegs,  well  headed  and  hooped, 
each  of  which  shall  be  put  into  and  entirely  covered  with  a 
leather  bag  or  case,  sufficient  to  prevent  any  such  gunpow- 
der from  being  spilled  or  scattered  ;  and  all  gunpowder  which 
shall  be  conveyed  or  carried  through  any  of  the  said  streets, 
in  any  other  manner  than  as  above  directed,  shall  be  forfeit- 
ed to  the  fire  department  of  the  said  city. 

30.  §  30.  In  every  case  of  a  violation  of  any  provision  of  wheretobestor- 
this  act,  where  the  penalty  prescribed  thereby  for  such  vio-  *^ 

lation  is  the  forfeiture  of  any  gunpowder  to  the  said  fire  de- 
partment, it  shall  be  lawful  for_  any  fire-warden  of  the  said 
city  to  seize  such  gunpowder  in  the  day  time,  and  to  cause  the 
same  to  be  conveyed  to  any  magazine  used  for  the  purpose 
of  storing  gunpowder. 

31.  §  31.  It  shall  be  the  duty  of  every  person  who  shall  Notice  to  be  given 

'      ^  .  "^  ♦^   ^  of  seizure. 

have  made  any  such  seizure,  forthwith  to  inform  the  mayor 
or  recorder  and  any  two  aldermen  of  the  said  city  thereof; 
and  the  said  mayor  or  recorder  and  aldermen  shall  thereupon 
inquire  into  the  facts  and  circumstances  of  such  alleged  vio- 
lation and  seizure,  for  which  purpose  they  may  summon  any 
person  or  persons  to  testify  before  them,  and  they  shall  have 
power,  in  their  discretion,  to  order  any  gunpowder  so  seized 
to  be  restored. 

32.  §  32.  Whenever  any  inhabitant  of  the  said  city  shall  search  warrant 
make  oath  before  the  mayor  or  recorder,  or  any  two  alder-  ^^rtal'nM^','*'" 
men,  or  any  two  special  justices  thereof,  of  any  fact  or  cir- 


270  FIRES — PRE^iENTION  of. 

cumstance  which  in  the  opinion  of  the  said  mayor,  recorder, 
aldermen  or  special  justices,  shall  afford  a  reasonable  cause 
of  suspicion  that  any  gunpowder  has  been  brought  or  is  kept 
within  the  said  city,  or  in  the  harbor  thereof,  contrary  to 
any  provision  contained  in  this  act,  it  shall  be  lawful  for  the 
said  mayor,  recorder,  aldermen  or  special  justices,  to  issue 
his  or  their  warrant  or  warrants,  under  his  or  their  hand  and 
seal,  to  any  sheriff,  marshal,  constable,  or  other  fit  person  or 
persons,  commanding  him  or  them  to  search  for  such  gun- 
powder in  the  day  time,  wheresoever  the  same  maybe  in  viola- 
tion of  this  act,  and  to  seize  and  take  possession  of  the  same 
if  found ;  but  no  person  having  or  acting  under  any  such 
search-warrant,  shall  take  advantage  thereof  to  serve  any 
civil  process  whatever. 

and  seizure  mile  33.  §  33.  It  shall  be  lawful  for  any  pcrson  or  persons  who, 
by  virtue  of  any  such  warrant,  shall  have  seized  any  gun- 
powder, to  cause  the  same  within  twelve  hours  in  the  day 
time  after  such  seizure,  to  be  conveyed  to  any  magazine 
used  for  storing  gunpowder ;  unless  the  said  mayor  or  re- 
corder and  any  two  aldermen  of  the  said  city,  should,  in  the 
manner  directed  by  the  thirty-first  section  of  this  act,  order 
the  same  to  be  restored,  such  gunpow^der  shall  be  detained 
in  such  magazine,  until  it  shall  be  determined  by  due  course 
of  law,  whether  the  same  may  have  become  forfeited  by  vir- 
tue of  this  act. 

Actions  to  recov-  34.  §  34.  All  actions  or  suits  for  the  recovery  of  any  gun- 
and  when  'to  be  powdcr  which  may  have  been  seized  and  stored  in  any  maga. 
zine  by  virtue  of  this  act,  or  for  the  value  thereof,  or  for 
damages  sustained  by  the  seizure  or  detention  thereof,  shall 
be  brought  against  the  fire  department  of  the  city  of  New- 
York,  and  shall  be  commenced  within  three  calendar  months 
next  after  such  seizure  shall  have  been  actually  made  ;  and 
in  case  no  such  action  or  suit  shall  have  been  commenced 
within  such  period,  such  gunpowder  shall  be  deemed  abso- 
lutely forfeited  to  the  said  fire  department,  and  may  be  im- 
diately  dehvered  to  the  proper  oflicers  thereof  for  its  use. 
No  penal  damages  shall  be  recovered  in  any  such  action  or 
■  suit ;  and  such  gunpowder  may,  at  any  time  during  the  pen- 
dency of  any  such  action  or  suit,  by  consent  of  the  parties 
thereto,  be  removed  from  anv  maoazine  where  the  same  may 


I 


FIRES PREVENTION  OF.  271 

have  been  stored :  or  may  be  sold,  and  the  monies  arising 
from  such  sale  may  be  paid  into  the  court  where  such  suit  or 
action  may  be  pending,  to  abide  the  event  thereof. 

35.  ^  35.  Nothinsr  contained  in  this  act  shall  be  construed  This  act  not  to 

■*  °  1  •  r     1        ^PP^y  ^°  ships  of 

to  apply  to  any  ship  or  ve?,sel  of  war  in  the  service  of  the  war. 
United  States,  or  of  any  foreign  government,  while  lying 
distant  three  hundred  yards  or  upwards  from  the  wharves, 
piers  or  sHps  of  the  said  city. 

36.  §  36.  If  any  gunpowder  exceeding  twenty-eight  pounds   seizure  of  pow- 
in  quantity,  shall  be  found  in  the  possession  or  custody  of  any  fire.   "'"^^  "* 
person,  by  any  firemen  of  the  said  city,  during  any  fire  or 

alarm  of  fire  therein,  it  shall  be  lawful  for  such  firemen  to 
seize  the  same  without  any  warrant,  and  to  report  such  sei- 
zure without  delay  tp  the  mayor  or  recorder  of  the  said  city; 
and  it  shall  be  determined  by  the  said  mayor  or  recorder  and 
any  two  aldermen  of  the  said  city,  in  the  manner  directed  by 
the  thirty-first  section  of  this  act,  whether  such  gunpowder 
should  be  restored,  or  the  same  shall  be  conveyed  to  a  maga- 
zine for  storing  gunpowder,  and  there  detained,  until  it  be 
decided  by  due  course  of  law,  whether  such  gunpowder  be 
forfeited  by  virtue  of  this  act. 

37.  §  37.  No  quantity  of  sulphur  more  than  ten  hundred  guiphur,  &c.  in 
weight,  or  of  hemp  or  flax  than  twenty  hundred  weight,  or  w^b^ekeTi^"^'^'' 
of  pitch,  tar,  turpentine,  rosin,  spirits  of  turpentine,  varnish, 

linseed  oil,  oil  of  vitrol,  aqua  fortis,  ether,  or  shingles,  than 
shall  be  allowed  by  the  common  council  of  the  city  of  New- 
York,  shall  be  put,  kept,*  or  stored  in  any  oi^  place  in  the 
said  city  to  the  southward  of  a  line  drawn  through  the  cen- 
tre of  Fourteenth-street,  unless  with  the  permission  of  the 
said  common  council. 


38.  §  38.  Every  person  who  shall  violate  either  of  the  pro- 
visions of  the  last  section,  shall,  for  every  such  offence,  forfeit 
and  pay  the  sum  of  twenty-five  dollars  ;  and  in  case  any  such 
person  or  persons  shall  neglect  or  refuse  to  remove  any  of  the 
articles  prohibited  by  the  said  section,  within  such  time  as 
may  be  allowed  for  that  purpose  by  the  mayor  or  recorder,  or 
any  two  aldermen  of  the  said  city,  he,  she  or  they  shall,  for 


Penalty, 


2T2  FIRES — PRE\tENTION  OF. 

every  such  neglect  or  refusal,  forfeit  and  pay  an  additional 
sum  of  twenty-five  dollars. 

Pitch,  Tar,  ice.  39.  ^  39.  Nothing  herein  before  contained,  shall  be  constru- 
ed to  prohibit  any  ship-chandler  from  keeping,  at  any  time,  in 
any  enclosure  in  the  said  city,  any  quantity  of  pitch,  tar, 
rosin  or  turpentine,  not  exceeding  twenty  barrels  in  thq 
whole. 

Suits  to  recover      40.  §  40.  All  pecuniary  penalties  imposed  by  this  act,  may 
penalties.  ^^  ^^^^  ^^^  ^^^  recovered,  with  costs  of  suit,  in  any  court 

having  cognizance  thereof,  by  the  proper  officers  of  the  fire 
department  of  the  said  city,  for  the  use  of  the  said  fire  de- 
partment. 

To  be  hroH  in  41.  §  41.  All  actious  for  any  forfeiture  or  penalty  incurred 
under  this  act,  shall  be  commenced  within  one  year  next  af- 
ter the  time  of  incurring  such  forfeiture  or  penalty. 


one  year. 


Repeal.  42.  §  42.  All  laws  or  parts  of  laws  heretofore  passed,  in- 

consistent with  the  provisions  of  this  act,  are  hereby  declar- 
ed to  be  repealed  ;  but  such  repeal  shall  not  affect  any  suit  or 
prosecution  already  commenced,  or  any  penalty,  forfeiture 
or  offence  already  incurred  or  committed,  under  any  such  law 
or  part  of  a  law. 


[Thirty-Eighth  Session^Vol.  3,  c. p.  157.] 

CHAP.  CLV. 

AN  ACTfatkhe  more  effectual  prevention  of  Fires  in  the  City 
ofNeW'York. 

Passed  April  IF,  1815. 

43.  §  I.  The  first  section  repealed  by  the  act  of  April  D^ 
1823,  p.  507. 

Penalty  for  build-  "^4.  ^  11.  And  he  it  further  enacted^  That  if  any  dwelling- 
thfs a° t '^"^  ***  house,  store-house,  or  other  building  whatsoever,  shall  be 
erected  or  roofed  contrary  to  the  preceding  section  of  this 
act,  the  proprietor  or  proprietors  thereof  shall  for  every  such 
offence  forfeit  and  pay  the  sum  of  five  hundred  dollars ;  and 
every  builder  who  shall  build  or  roof,,  or  assist  in  building 


FIRES — PREVENTION  OF.  273 

or  roofing  such  dwelling-house,  store-house,  or  other  building, 
contrary  to  the  said  section,  whether  he  be  proprietor  or  not, 
shall,  for  every  such  offence,  forfeit  and  pay  the  sum  of  two 
hundred  and  fifty  dollars,  to  be  recovered,  with  costs  of  suit, 
in  any  court  of  record  within  this  state,  by  the  treasurer  or 
chamberlain  of  the  said  city,  for  the  use  of  the  poor  thereof, 
and  when  recovered  shall  be  appropriated  by  the  common 
council  of  the  said  city  in  the  same  manner  as  the  monies 
raised  by  tax  for  the  maintenance  of  the  poor  of  the  said  city 
are  by  law  directed  to  be  applied ;  and  no  such  action  or 
suit  shall  be  abated  or  discontinued  by  the  death,  resignation, 
removal  from  office,  or  other  change  of  such  treasurer  or 
chamberlain,  but  shall  and  may  be  continued  and  prosecuted 
to  effect  by  his  successor  in  office. 

45.  §  III.  And  he  it  further  enacted,  That  all  dwelling-  Buildings  erected 

,,',.,,.  atier  tlie  passing 

houses,  store-houses,  and  other  buildmcfs  whatsoever  which,  of  this  act  be- 

,,,,,,  tvveen    certain 

after  the  passin^]:  of  this  act,  shall  be  built  or  erected  within  bounds,  &c.  shaij 

^  °  ,  not  be   niciuded 

the  said  city,  that  is  to  say,  within  that  part  of  the  said  city  ExlJ.'JjJd  b^^^the 
situate  between  the  above  mentioned  line  and  a  line  begin-  ^^-^^^  ^^^y  ^' 
ning  at  the  North  river  at  a  place  called  Deklyne's  ferry,  a 
little  to  the  northward  of  the  state-prison,  and  running  thence 
easterly  in  front  of  the  new  banking  houses  to  the  road  com- 
monly called  the  Sandy-hill  road,  and  through  the  said  road 
to  the  northward  of  Potter's  field  and  the  house  of  William 
Neilson,  to  the  Bowery,  and  across  the  Bowery  to  a  street 
commonly  called  Stuyvesant-street,  and  through  the  middle 
thereof  to  the  East  river,  (and  which  shall  not  be  included 
within  the  first  section  of  this  act)  and  which  from  the  sur- 
face or  level  of  the  street  or  ground  to  which  such  building 
shall  adjoin,  either  in  the  front  or  in  the  rear,  to  the  foot  of 
the  rafter,  shall  be  more  than  thirty  feet,  or  of  more  than  two 
stories,  shall  be  made  and  constructed  of  stone  or  brick,  with 
party  or  fire  walls  rising  at  least  six  inches  above  the  roof, 
and  shall  be  covered,  except  the  flat  roof  thereof,  with  tile  or 
slate,  or  other  safe  materials  against  fire,  and  not  with  boards 
or  shingles  :  Provided,  Such  flat  do  not  exceed  two  equal  fifth  Proviso, 
parts  of  the  space  of  such  roof,  and  that  there  be  erected 
around  the  same  a  substantial  balconv  or  balustrade. 


!|74  FIRES PREVENTION  OF.' 

Buildings  erected      46/§^lV.  And  he  it  further  e7iacted,  Th^t  H ^nj  dwelling- 
last  sec.  proprie-  house,  store-housG,  OP  Other  buildinff  whatsoever,  shall  be 

tors  sliall  forfeit  °  •  c 

400  dollars.  erected  or  roofed  contrary  to  the  last  preceding  section  of 
.  this  act,  the  proprietor  or  proprietors  thereof  shall,  for  every 
such  offence,  forfeit  and  pay  ihe  sum  of  four  hundred  dollars  ; 
and  every  builder  vi^ho  shall  build  or  roof,  or  assist  in  build- 
ing or  roofing  such  dwelling-house,  store-house,  or^  other 
building,  contrary  to  the  said  last  preceding  section,  whether 
he  be  the  proprietor  or  not,  shall,  for  every  such  offence,  for- 
feit and  pay  the  sum  of  two  hundred  dollars,  to  be[recovered, 
with  costs  of  suit,  in  any  court  of  record  within  this  state,  by 
the  treasurer  or  chamberlain  of  the  said  city,  for  the  use  of 
the  poor  thereof;  and  when  recovered,  shall  be  appropriated 
by  the  common  counciKof  the  said  city  in  the  manner  afore- 
said ;  and  no  such  action  or  suit  shall  be  abated  or  discontin- 
ued by  the  death,  resignation,  removal  from  office,  or  other 
change  of  such  treasurer  or  chamberlain,  but  shall  and  may 
be  continued  and  prosecuted  to  effect  by  his  successor  in 
office. 

And  the  more  effectually  to  prevent  the  erection  of  any 
dvv'elling-house,  store-house,  or  other  building,  within  the 
said  city  contrary  to  this  act, 

Buildings  erected  47.  §  V.  Aiid  1)6  it  far th  67^  enacted,  That  every  such  dwell- 
acrd^raS  niu  ing-housc,  storc-house,  or  other  building  which,  after  the  pass- 
ing of  this  act,  shall  be  erected  or  roofed  within  the  said  city 
contrary  to  this  act,  shall  be  deemed  a  common  nuisance; 
and  the  justices  of  the  supreme  court,  and  the  justices  of  the 
courts  of  oyer  and  terminer  and  general  jail  delivery,  and 
the  justices  of  the  courts  of  general  sessions  of  the  peace  shall, 
within  the  said  city,  li^ve  cognizance  of  such  offences,  and 
are  hereby  enjoined  and  required  in  all  and  every  of  the 
charges  hereafter  to  be  made  and  given  by  them  to  the  grand 
juries  in  their  respective  courts,  strictly  to  charge  such  grand 
jurors  diligently  to  inquire  into  and  to  present  all  offences 
against  this  act ;  and  the  court  to  which  an  indictment  or 
presentment  shall  be  preferred  for  such  offence,  shall  be  and 
hereby  is  empowered  and  enjoined  to  prosecute  such  indict- 
ment,  or  cause  the  same  to  be  prosecuted  in  the  usual  man- 
ner of  prosecutions,  and  upon  conviction  to  adjudge  such 
fines  and  penalties  as  they  in  their  discretion  shall  think  fit 


sances. 


FIRES— PREVENTION  OF.  275 

and  proper ;  and  also,  in  their  discretion,  to  cause  such  nui- 
sance to  be  abated  and  removed. 

48.  §  VI.  And  he  it  further  enacted.  That  if  any  dwelling-    certain  buiid- 
house,  store-house,  or  other  building  already  erected,  and  ed  wuii  shingles. 
now  covered  with  boards  or  shingles,  within  the  said  city 
southward  and  westward  of  the  line  last  mentioned,  shall  at 

any  time  hereafter  require  to  be  new  roofed,  it  shall  and  may 
be  lawful  for  the  proprietors  to  roof  the  same  with  boards  or 
shingles,  or  in  such  other  manner  as  was  customary  before 
the  passing  of  this  act,  any  thing  herein  contained  to  the  con- 
trary notwithstanding. 

49.  §  VII.  And  he  it  further  enacted.  That  all  roofs,  stee-  steeples  and  cu- 
ples,  cupolas  and  spires  of  churches,  and  other  public  build- 
ings,  may  be  covered  with  boards  and  shingles  ;  and  all 

privies  not  exceeding  ten  feet  square  and  fifteen  feet  in  height, 
and  all  fire-engine  houses  of  the  corporation,  and  all  lime 
houses  which  shall  be  erected  by  the  express  permission  of 
the  corporation,  may  be  built  of  wood  and  boards,  and  cov- 
ered with  boards  or  shingles,  any  thing  in  this  act  to  the  con- 
trary notwithstanding. 

50.  §  VIII.  And  he  it  further  enacted,  That  the  fifty-ninth,  faw'r°p?aieT'' 
sixtieth,  sixty-first,  sixty-second,  sixty-third,  sixty-fourth  and 
sixty-fifth  sections  of  the  act  entitled  "  An  act  to  reduce  sev- 
eral laws  relating  particularly  to  the  city  of  New- York  into 

one  act,"  passed  April  9,  1813,  be,  and  the  same  hereby  are 
repealed :  Provided  however,  That  such  repeal  shall  not  af- 
fect any  suit  or  prosecution  commenced,  or  penalty  or  of- 
fence incurred  or  committed  previous  to  the  passing  of  this 
act,  but  every  such  suit  or  prosecution  may  lawfully  proceed, 
and  every  such  penalty  or  offence  be  demanded,  prosecuted, 
recovered  or  punished,  as  the  case  may  be,  as  if  the  said  sec- 
tions of  the  said  act  had  remained  in  full  force. 


27G  FIRES PREVENTION  OF. 


CHAPTER  CCIII. 

AN  ACT  in  addition  to  the  Act  for  the  more  Effectual  Pre- 
vention of  Fires  in  the  City  of  New-York. 

Passed  April  12,  1822. 

Buildings  front-      51.  §  I.  BE  it  cuacted  by  the  People  of  the  State  of  New- 

ing     Harman  St.  *  J  r  j  ^ 

&c  to  be  built  of  YorL  represented  in  Senate  and  Assembly,  That  all  dwelling- 

bnck  or  stone.  '      -^  -^ '  ° 

houses,  store-houses,  and  other  buildings,  which  from  and 
after  the  passing  of  this  act,  shall  be  built  or  erected  fronting 
on  Harman-street,  and  on  that  part  of  Clinton-street  which 
lies  between  Harman-street  and  Cherry-street,  and  also 
within  that  part  of  the  said  city  which  lies  between  Harman- 
street  and  Cherry-street,  and  between  Clinton-street  and 
Catherine-street,  shall  be  made  and  constructed  of  stone  or 
brick,  with  party  or  fire  walls  rising  at  least  six  inches  above 
the  roof,  and  shall  be  covered,  except  the  flat  roof  thereof, 
with  tile  or  slate,  or  other  safe  materials  against  fire,  and  not 
Proviso.  ^[^Y^  boards  or  shingles  :  Provided,  Such  flat  do«  not  exceed 
two  fifth  parts  of  such  roof,  and  that  there  be  erected  around 
the  same  flat  a  substantial  balcony  or  balustrade. 

Said  provisions      51.  ^  H.  And  bc  it  farther  enacted,  That  the  said  provi- 

not  to   apply   m  ^  "^  '  ^ 

iwut^iic^''^^^  sions  and  regulations  shall  not  extend  or  apply  to  any  build- 
ing whatsoever  that  shall  be  erected  or  built  upon  any  lands, 
tenements  or  hereditaments,  fronting  upon  the  said  streets, 
or  within  the  said  limits,  by  any  lessee  or  lessees,  or  other 
person  or  persons  possessed  of  a  leasehold  estate,  or  interest 
of  and  in  such  lands,  tenements  or  hereditaments,  for  any 
term  of  years,  whereof  not  more  than  twenty  years  shall  be 
Proviso.  unexpired  at  the  passage  of  this  act :  Provided  neviertheless. 
That  every  such  lot  of  land  so  being  under  any  such  lease 
shall  not  be  exempted  from  the  operation  of  this  act  any 
longer  than  until  such  lease  shall  have  expired. 

Penalties.  52.  §  HI.  And  be  it  further  enacted,  That  if  any  dwelling- 

house,  store-house,  or  other  building  whatsoever,  shall  be 
erected  or  roofed- contrary  to  the  preceding  section,  the  pro- 
prietor or  proprietors  thereof  shall  for  every  such  offence, 
forfeit  and  pay  the  sum  of  five  hundred  dollars ;  and  every 
builder  who  shall  build  or  roof,  or  assist  in  building  or  roof- 


FIRES— PREVENTION  OF.  277 

\m  such  dwelling  house,  store-house,  or  other  building,  con- 
trary to  the  said  section,  whether  he  be  proprietor  or  not, 
shall  for  every  such  otrcnce,  forfeit  and  pay  the  sum  of  two 
hundred  and  fifty  dollars,  to  be  recovered,  with  costs  of  suit, 
in  any  court  of  record  within  this  state,  by  the  fire  depart- 
ment of  the  city  of  New- York,  in  their  own  name,  and  for 
their  own  use. 

53.  6  IV.  And  be  it  further  enactedj  That  every^  such  dwell-  Buildings  erected 

I  1      M  1  1  •    1        V  1  contrary    to  this 

inir  house,  Store  house,  or  other  buildmff,  which,  alter  the  pass-  act  to  be  deemed 


common     nui 


ing  of  this  act,  shall  be  erected  or  roofed  within  the  fire  limits  sance 
of  said  city  contrary  to  this  act,  shall  be  deemed  a  common 
nuisance,  and  the  justices  of  the  supreme  court,  and  the  jus- 
tices of  the  courts  of  oyer  and  terminer  and  general, jail 
delivery,  and  the  justices  of  the  courts  of  general  sessions 
of  the  peace  shall,  within  the  said  city,  have  cognizance  of 
such  offences ;  and  the  court  to  which  an  indictment  or  pre- 
sentment shall  be  preferred  for  such  offence,  shall  be  and 
hereby  is  empowered  and  enjoined  to  prosecute  such  indict- 
ment, or  cause  the  same  to  be  prosecuted,  in  the  usual  man- 
ner of  prosecutions,  and  upon  conviction,  to  adjudge  such 
fines  and  penalties  as  they  in  their  discretion  shall  think  fit 
and  proper,  and  also  in  their  discretion,  to  cause  such  nui- 
sance to  be  abated  and  removed. 

54.  §  V.  And  he  it  further  enacted,  That  if  anv  dwellincj  As  to  huiiiiiniL'^ 

*'  already  erected. 

house,  store-house,  or  other  building,  already  erected  and 
now  covered  with  boards  or  shingles,  fronting  on  the  said 
streets,  or  wuthin  the  said  limits,  shall  at  anytime  here- 
after require  to  be  roofed,  it  shall  and  may  be  lawful  for  the 
proprietors  to  roof  the  same  with  boards  or  shingles,  or  in 
such  other  manner  as  was  customary  before  the  passing  of 
this  act,  any  thing  herein  contained  to  the  contrary  not- 
withstanding. 

55.  §  VI.  And  heit  further  enacted.  That  all  roofs,  steeples.  Public  bniidinss, 
cupolas,  and  spires  of  churches,  and  other  public  buildings,  erl-ii 'St h  "boards 
maybe  covered  with  boards  and  shingles,  and  all  privies  not  "  '     '  '"^ 
exceeding  ten  feet  square  and  fifteen  feet  in  height,  and  all 

fire  engine  houses  of  the  corporation,  and  all  lime  houses 
which  shall  be  erected  by  the  express  permission  of  the  cor- 
poration, may  be  built  of  wood  or  boards,  and  covered  with 


278  FIRES PREVENTION  OF. 

boards  or  shingles,  any  thing  in  this  act  to  the  contrary  not- 
withstanding. 

Act  to  reduce,  <^c.     2  Revised  Laws  of  1813,  j5.  366. 

gun?&c^npaS      ^^'  §  LXXIII.  And  be  it  further  enacted,  That  if  any  per- 
of  the  city.         gQ^  ^\iq\i  fire  or  discharge  any  gun,  pistol,  rocket,  cracker, 
squib,  or  other  fire-work  in  any  street,  lane  or  alley,  gar- 
den, or  other  inclosure,  or  from  any  house,  or  in  any  other 
place  where  persons  frequently  walk  to  the  southward  of  the 
fresh  water,  every  such  person,  for  every  such  offence  shall 
forfeit  and  pay  two  dollars  and  fifty  cents,  to  be  sued  for,  re- 
How  recovered  covcred  and  applied  as  is  directed  in  and  by  the  last  preced- 
app  ic  .        .^^^  section  of  this  act ;  and  in  case  any  such  offender  be  a 
Master  answera-  slavc,  tlic  owucr  or  Dosscssor  of  such  slavc  shall  bc  answer- 

ble  for  offences  of  ,  ^ 

slave.  able  in  the  same  manner  as  if  the  act  had  been  done  by  such 

owner  or  possessor. 

Firemen  to  be  ap-  ^7.  §  LXXIV.  And  be  it  further  enacted,  That  it  shall  be 
council.  ^^  ^^^^'  lawful  for  the  mayor,  aldermen  and  commonalty  of  the  said 
city,  in  common  council  convened,  and  they  are  hereby  re- 
quired from  time  to  time,  and  as  often  as  it  shall  be  neces- 
sary, to  appoint  a  sufficient  number  of  strong,  able,  discreet, 
honest  and  sober  men,  wiUing  to  accept  such  appointment, 
Tobefreehoideis  beincT  freeholders  or  freemen  of  the  said  city,  to  have  the 

or  freemen.  o  •^ ' 

care,  management,  working  and  using  the  fire-engines,  and 
the  other  tools  and  instruments  now  provided,  or  hereafter 
to  be  provided,  for  extinguishing  of  fires  within  the  said  city; 
which  persons  so  to  be  appointed  shall  be  called  the  firemen 
of  the  city  of  New- York,  and  who,  with  the  engineers  of  the 
Their  duty,  samc  city,  are  hereby  required  to  be  ready  at  all  times,  as 
well  by  night  as  by  day,  to  manage,  work  and  use  the  same 
fire-engines,  and  other  the  tools  and  implements  aforesaid. 

edTom  ""iSn      ^^'  §  LXX  V.  And  be  it  further  enacted.  That  the  persons  so 
public  duties.      ^^  ]jq  appointed  firemen,  and  every  of  them,  during  their  con- 
tinuance in  that  office,  and  no  longer,  shall  be  exempted  from 
^  serving  in  the  office  of  constable,  and  from  being  impannell- 

ed  or  returned  upon  any  juries  or  inquests,  and  of  and  from 
militia  duty,  within  the  said  city,  except  in  cases  of  invasion 
or  other  imminent  danger ;  and  the  names  of  all  firemen  to 
Thpirnamesio  bc  appointed  by  virtue  of  this  act,  shall  be  registered  with 
be  registered.       ^^^  ^j^^.j^  ^^  ^^^^  ^ediCQ  of  the  said  city,  and  his  certificate  shall 


FIRES PREVENTION  OF.  279 

be  sufficient  evidence  in  all  courts  and  cases  of  such  exemp- 
tion: And  further.  That  it  shall  be  lawful  for  the  mayor,  th^cXcolTndf 
aldermen  and  commonalty  of  the  said  city,  in  common  coun- 
cil convened,  to  remove  all  or  any  of  the  firemen  now  ap- 
.pointed,  or  to  be  appointed  by  virtue  of  this  act,  when  and 
as  often  as  they  shall  think  fit,  and  to  appoint  others  in  their  * 

stead. 

59.  §  LXXVI.  And  he  it  further  enacted,  That  it  shall  be  Com^  'rX^aild 
lawful  for  the  mayor,  aldermen  and  commonalty  of  the  said  £|^gjj^°*  ^""^ 
city,  in  common  council  convened,  to  make  and  ordain  such 

rules  and  regulations  in  respect  of  the  government  and  duty 
of  the  persons  by  them  appointed  firemen,  in  the  working, 
managing  and  frequent  exercising,  trying  and  using  of  the 
same  fire-engines,  tools,  and  other  instruments,  and  to  impose  And  impose 
and  establish  such  reasonable  fines,  penalties  and  forfeitures 
upon  them,  or  any  of  them,  for  default  or  neglect  of  the  du- 
ties and  services  thereby  to  be  required  from  them,  as  they 
shall  from  time  to  time  think  proper. 

60.  §  LXXVII.  And  he  it  further  enacted,  That  upon  the  Duty  oniie  she- 
breaking  out  of  any  fire  within  the  said  city,  the  sheriff,  de-  rij^,  constables 
puty  sheriffs,  constables  and  marshals,  upon  notice  thereof,  cieSrc.^^' '" 
shall  immediately  repair  to  the  place  where  such  fire  shall 

happen,  with  their  rods,  staves,  and  other  badges  of  authority, 
and  be  aiding  and  assisting,  as  well  in  the  extinguishing  of 
the  said  fires,  and  causing  the  persons  attending  the  same  to 
work,  as  in  preventing  any  goods  or  household  furniture 
from  being  stolen  at  such  fires,  and  shall  seize  all  persons 
whom  they  find  stealing  or  pilfering,  and  the  oflicers  afore- 
said shall  also  give  their  utmost  assistance  to  the  inhabit- 
ants in  removing  and  securing  their  said  goods  and  furni- 
ture ;  and  in  the  execution  of  the  duties  required  from  them 
by  this  act,  shall  be  obedient  to  the  orders  of  the  mayor, 
recorder  and  aldermen  of  the  said  city,  or  such  of  them  as 
shall  be  present  at  such  fires. 

61.  §  LXXVIII.  And  he  it  further  enacted,  That  it  shall  com.  councu  to 
be  lawful  for  the  mayor,  aldermen  and  commonalty  of  the  ^^  provide  isre- 

.  ,      .  .  .,  ,     ,  ''  buckets. 

said  City,  in  common  council  convened,  by  ordinances  by 
them  for  that  purpose  to  be  made,  to  direct  the  inhabitants  or 


nnd  how  borne 
by  the  corpora- 
lion. 


280  FIRES— PREVENTION  OF. 

owners  of  houses  or  other  buildings  in  the  said  city,  to  fur- 
nish themselves  with  such,  and  so  many  fire  buckets,  to  be 
ready  in  their  respective  houses  and  other  buildings,  for  the 
pui'pose  of  extinguishing  fire^  which  may  happen  in  the  said 
city,  and  to  impose  and  establish  such  reasonable  fines,  pen- 

i.enaUiJsiwl^^  ^^^^^^  and  forfciturcs  for  every  neglect,  default  or  disobedi- 

^'^^^-  ence  thereof,  as  they  shall  think  proper. 

bucketsfwhet  ^2.  §  LXXIX.  And  be  it  further  enacted,  That  in  case  any 
prrson  shall  lose  any  bucket  at  any  fire  which  may  happen 
in  the  said  city,  and  shall  within  sixty  days  thereafter  make 
proof  thereof  before  the  mayor,  recorder,  or  one  of  the  al- 
dermen of  the  said  city,  of  the  value  of  such  bucket,  and  that 
the  same  was  actually  lost  or  destroyed  in  that  service,  in 
such  case  the  mayor,  aldermen  and  commonalty  of  the  said 
city,  in  common  council  convened,  shall  by  warrant  under 
the  hand  of  the  mayor  or  recorder,  presiding  at  such  com- 
mon council,  directed  to  the  chamberlain  of  the  said.city,  or- 
der the  value  of  such  bucket  to  be  paid  to  such  person  so 
making  proof  of  the  loss  thereof,  out  of  any  monies  remain- 
ing in  his  hands  for  the  contingent  expenses  arising  in  the 
said  city :  and  if  any  person  shall  at  any  time  thereafter  be 
convicted  of  having  taken  afalse  oath  touching  the  premises, 
such  person  shall  incur  the  penalties  of  wilful  and  corrupt 
perjury. 


Lost  buckets  to 


03.  §  LXXX.  And  be  it  further  enacted^  That  if  any  such 
whenVound!''"^'^  buckcts  SO  provcd  to  bc  lost,  shall  afterw^ards  be  found,  the 
property  thereof  shall  thenceforward  be  in  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New- York,  unless  the 
owner  thereof  shall  take  back  the  same,  and  return  the  mo- 
ney allowed  and  paid  for  the  loss  thereof. 

In  case  of  fire      (54,  ^  LXXXI.  Aud  be  it  further  enacted,  That  when  any 

the    mayor,   &c.  ^  ,  "^  •' 

may  order  bniid-  buildiucT  or  buildiuffs  ifi  tlic  city  of  New- York  shall  be  on  fire, 

nifi8  to  bc  pulled  &  o  ^ 

^^"^^"'  it  shall  be  lawful  for  the  mayor,  or  in  his  absence  the  record- 

er of  the  city,  with  the  consent  and  concurrence  of  any  two 
of  the  aldermen  thereof,  or  for  any  three  of  the  aldermen,  to 
direct  and  order  the  same,  or  any  other  building  which  they 
may  deem  hazardous,  and  likely  to  take  fire,  or  to  convey 
the  fire  to  other  buildings,  to  be  pulled  down  or  destroyed ; 
and  uj)on  the  application  of  any  person  interested  in  such 


FIRES — PREVENTION  OFi  281 

building  so  pulled  down  or  destroyed,  to  the  mayor  or  re-  ,HS?horeSy; 
corder,  or  any  two  aldermen,  it  shall  be  their  duty  to  issue  a  ^4^  asceruia- 
precept  for  a  jury  to  inquire  of  and  assess  the  damages  which 
the  owners  of  snch  building,  and  all  persons  having  any  es- 
tate or  interest  therein,  have  respectively  sustained  by  the 
pulling  down  or  destroying  thereof;  which  precept  shall  be 
issued,  directed,  executed,  returned  and  proceeded  upon, 
and  the  proceedings  thereon  shall  take  effect,  as  nearly  as 
may  be,  in  such  manner  as  by  the  two  hundred  and  nine- 
teenth section  of  this  act  are  directed,  in  relation  to  ground 
taken  for  the  purposes  therein  mentioned  ;  and  the  said  in-  ^  And  to  be  paM 

^1  '  by  corporation  to 

quiry  and  assessment  having  been  confirmed  by  the  mayor's  p^"  austaia- 
court,  the  sums  assessed  by  the  said  jury  shall  be  paid  by  the 
said  mayor,  aldermen  and  commonalty,  to  the  respective  , 
persons  in  whose  favour  the  jury  shall  have  assessed  the 
same,  in  full  satisfaction  of  all  demands  of  such  persons  re- 
spectively by  reason  of  the  pulling  down  or  destroying  such 
building ;  and  the  mayor's  court,  before  whom  any  such 
process  shall  be  returnable,  shall  have  power  to  compel  the 
attendance  of  jurors  and  witnesses  upon  any  such  assessment 
of  damages. 

65.  §  LXXXII.  ^716?  be  it  further  enacted,  That  during  the  ,f^^i«  '"pJrS!?' 
actual  prevalence  of  any  such  fire  as  aforesaid,  it  shall  and  JJJm  fir ^r"^^^** 
may  be  lawful  for  the  mayor,  recorder,  and  each  of  the  alder- 
men of  the  said  city,  to  remove  or  cause  to  be  removed  and 
kept  away  from  the  vicinity  of  such  fire,  all  idle  and  suspicious 
persons,  and  all  persons  not  fit  to  be  employed  or  not  actu- 
ally and  usefully  employed  in  the  judgment  of  the  said  mayor, 
recorder  or  aldermen,  in  aiding  the  extinguishment  of  such 
fire  or  in  the  preservation  of  property  in  the  vicinity  thereof. 


66.  §  LXXXIII.  And  he  it  further  enacted,  That  the  sum  Damnirr.sforpnfr 
assessed  by  such  iurv  as  aforesaid,  for  any  buildini?  so  pulled  nxh  m  tuno  of 

1  1  \  c  •  ,  ,  ,  °  ,   .        fire,  to  br  b«rr»e 

down  or  destroyed  asaioresaid  (the  same  assessment  and  m-  by  com.  eouucy. 
quiry  having  been  confirmed  by  the  court)  shall,  together 
with  the  expenses  of  the  proceedings  for  such  assessment, 
be  borne  and  defrayed  by  the  said  mayor,  aldermen  an(l^ com- 
monalty. 

67.  6  LXXXIV.  And  be  it  further  en/ ictcd,  That  the  mayor,  t»'orizcd  to  pass 

t  I  1-1  •  •     *r  -»         1  orduiaiK.cs     fnt 

aldermen   and  commonalty  ol    the  citv  ot    New- York,   in  ^*'*^  e.viinKu>h 

^  nif.-nt  and  preven- 

36  lk)u  of  feres. 


282  FIRES— PREVENTION  OF. 

common  council  convened,  shall-  from  time  to  time,  and  as 
often  as  they  deem  it  necessary,  have  poweV  to  pa'^s  and  pro- 
vide, for  the  due  execution  of  ordinances,  as  they  may  deem 
proper,  for  the  more  efiectua^  prevention  and  extinguishment 
of  fires  in  the  said  city,  and  to  compel  the  attendance  of  all 
engineers  and  firemen,  and  such  other  persons  as  they  may 
deem  necessary  to  assist  at-  4he  extinguishment  of  fires,  and 
to  prescribe  the  duties  required  of  such  engineers,  firemen 
and  other  persons ;  and  also  to  regulate  the  keeping,  cart- 
ing, conveying  or  transporting  of  gunpowder  or  any  other 
combustible  or  other  dangerous  material,  witKin  the  bounds 
of  the  said  city,  and  to  provide  for  the  forfeiture  thereof, .  if 
the  same  shall  be  kept  contrary  to  such  law ;  and  also  to 
•.      regulate  the  use  of  lights,  and  candles  in  liveiy  and  other 
stables  within  the  same  city;  and  also  to  remove  or  prevent 
the  construction  of  any  fire-place,  hearth,  chimney,  stove, 
oven,  boiler,  kettle  or  apparatus  used  in  any  manufactory  or 
business  which  may  be  dangerous  in  cj^using  or  promoting 
fires ;   and  also  to   direct  the  construction  of  deposits  for 
ashes  in  safe  and  suitable  places,  ajid  of  materials  secure 
against  fire  ;  and  for  that  purpose  to  authosizc  such  suita.l)Ic 
officer  or  ofliccrs  as  they  may  think  proper,  and  at  such  rea- 
sonable times  as  they  shall  appoint,  to -enter   into   and  exa- 
mine all  dwelling  houses,  lots,  yards,  inclosurcs  and  buildings 
of  every  description  within  the  said  city,  to  examine  and 
discover  whether  any  danger  exists  therein ;  and  in  order 
that  proper  measures  may  be  taken  to  provide  for  the  safety 
of  the  inhabitants  of  the  neighborhood. 


[Forty- Sixth  Session — Vol  6,  h.  142.] 

CHAR  CXXII. 

AN  ACT  to  amend  an  Act,  entitled  "  A71  act  for  the  more  effeo- 
tual  prevention  of  Fires  in  the  City  of  New-York,  passed 
April  n,  1815. 

Passed  April  9,  1823. 

Certain  buildings      68.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York^ 

proor^^  0  ^  "^^^  represented  in  Senate  and  Assembly ,  That  all  dwelling-houses, 

store-houses  and  other  buildings,  which  from  and  after  the 

passing  of  this  act,  shall  be   built  or  erected  in  the  city  of 

New- York,  that  is  to  sjiy,  within  tbit  part  of  the  said  city,  tu 


FIRES PREVENTION  OF,  28S 

the  northward  of  the  poiat  of  tiie  batter)'-,  and  included  be= 
tween  the  said  point  of  the  battery  and  a  line  beginning  upon 
the  East  Ri\;er,  op'posite  Blontgomery-street,  to  Cherry- 
street,  thence  down  Cherry-street  to  Catharine-street,  thence 
through  Catharine-street  to  Chathamistreet,  thence  down 
Chatham-street  to  Pearl-street,  thence  tlirough  Pearl- street 
to  Ehn-street,  thence  through  Elm-street  to  Canal-street, 
thence  through  C-anal-strcet  to  Broadway,  thence  up  Broad- 
way to  Art-street',  thence  commencing  again  at  Canal-street 
and  running  to  Hudson's  River,  including  all  the  lots  of 
ground  to  the  depth  of  one  hundred  feet  on  the  northerly  and 
easterly  sides  of  said  streets,  through  which  the  above  men- 
tioned li<ne  runs,  excepting  as  hereinafter  excepted,  and  in- 
cluding also  the  lots  of  ground  to  the  depth  of  one  hundred 
feet,  fronting  on  both  sides  of  Broadway  between  Canal- 
street  and  Art-street,  excepting  however  the  lots  on  the  east- 
erly side  of  Elm-street,  shall  be  made  and  constructed  of 
stone  or  brick,  with  party  or  fire-walls  rising  at  least  six 
inches  above  the  roof,  and  shall  be  covered,  except  the  flat 
roof  thereof,  with  tile  or  slate,  or  other  safe  materials  against 
fire,  and  not  with  boards  or  shingles  :  Provided,  Such  flat  do  Proviso. 
not  exceed  two  fifth  parts  of  such  roof,  and  that  there  be 
erected  around  the  same  flat  a  substantial  balcony  or  balus- 
trade. 

G9.  §  II.  And  he  it  fiirther  enacted,  That  the  first  section  ^pc^fe^"  "*^^" 
of  the  act  hereby  amended,  be,  and  the  same  j^s  hereby  repeal- 
ed, and  that  all  the  other  provisions  and  pcnal^es  in  the  said 
act,  shall  have  the  same  force  and  eflect  to  all  intents  and 
purposes,  which  they  would  have  had  provided  the  provi- 
sions of  this  act  had  been  incorporated  with,  and  made  part 
.of  the  act  hereby  amended  rvt  the  time  the  same  was  passetl ; 
Provided  however,  That  the  repeal  of  said  section  shall  not  Proviso, 
in  any  wi^e  affect  any  suit  or  prosecution  commenced,  or 
penalty  or  oflence  incurred  or  committed  previous  to  the 
passing  of  this  act,  but  every  such  suit  or  [Ji'osecution  may 
lawfully  [)rocecd,  and  every  such  penalty  or  oficnce  be  de- 
manded, prosecuted,  recovered  or  ])unishcd,  as  the  case  may 
be,  as  if  the  said  scctioai  of  tha^aid  act  had  remained  in  full 
force  ;  nor  shall  any  thing  herein  contained  in  any  wige  af- 
fect   th(;  provisions  of  (he  aet,  entiped  "An  am  in  addition 


284  FIRES— -PUEVENTioN  or. 

to  the  act  for  the  more  effectual  prevention  of  fires  in  the 
city  of  New- York,"  passed  April  1%  1822. 


[Fiftieth  Sessio7i — Vol.  7,  c.p.  73.] 

CHAP.  XCIII. 

AN  ACT  in  addition  to  the  act,  entitled  "  An  act  in  addition 
to  the  act  for  the  more  effectual  prevention  of  Fires  in  the  city 
of  New-York,''  passed  April  I2th,  18^2. 

Passed  March,  21  1827. 


buSgfn  cS'  "^^^  ^  ^'  ^^  ^^  enacted  by  the  People  of  the  State  of  New-York, 
scribod  ^^^^^  ^'^  represented  in  Senate  and  Assembly,  That  all  dwelling-houses, 
store-houses  and  other  buildings,  which,  from  and  after  the 
first  of  August  next,  shall  be  built  or  erected  without  the 
limits  prescribed  in  and  by  the  act,  entitled  "  an  act  to  amend 
the  act,  entitled  an  act  fgr  the  more  effectual  prevention  of 
fires  in  the  city  of  New- York,'-  passed  April  9th,  1823,  and 
to  the  west  and  south  of  the  limits  following,  that  is  to  say : 
beginning  at  a  point  in  the  centre  of  the  Bowery  or  Chatham- 
street,  where  it  is  intersected  by  a  line  drawn  through  the 
centre  of  Catharine-street,  and  running  thence  up  the  Bowery 
to  Grand-street ;  thence  through  Grand-street  to  Broadway, 
comprehending  also  and  including  the  lots  to  the  depth  of 
one  hundred  feet  on  each  side  of  the  streets  through  which 
the  said  line  runs,  shall  be  made  and  constructed  of  stone  or 
bf  ick,  with  party  or  fire  walls,  rising  at  least  six  inches  above 
the  roof,  and  shall  be  cov^^red,  except  the  flat  roof  thereof, 
with  tile  or  slate,  or  other  safe  materials  against  fire,  and 
Proviso.  "ot  with  boards  or  shingles :  Provided,  Such  flat  do  not  ex- 
ceed two-fifth  parts  of  such  roof;  and  that  there  be  erected 
around  the  same  flat  a  substantial  balcony  or  balustrade. 

Certain  penalties.  71.  §  II.  And  be  it  further  enacted,  That  all  the  provisions 
and  penalties  in  the  said  act,  entitled  "  An  act  in  addition  io 
the  act  for  the  more  effectual  prevention  of  fires  in  the  city 


FIRES— PREVENTION  OF-  ^^^ 

f 

of  New- York,"  passed  April  12th,  1823,  shall  have  the  same 
force  and  effect,  to  all  intents  and  purposes,  with  respect  to 
the  district  embraced  in  this  act,  which  they  would  have  had, 
provided  the  provisions  of  that  act  had  been  incorporated 
with,  and  made  a  part  of  this  act.* 

4 

•  It  oppears  that  the  character  of  our  firemen  lor  activity,  energy,  and  intrepidity,  la  not 
of  recent  growth.  By  on  oct  passed  16th  December,  1737,  V.  S.  vol.  1,  p.  199,  (which  seems 
to  be  the  first  act  the  colonial  asecmbly  passed  upon  this  eubjeet,)  the  corporation  arc  autho- 
rized to  appoint  not  exceeding  forty-two  firemen,  whereaf  an  equal  number  ehall  be  elected 
or  appointed  out  of  the  elx  several  wards  of  the  said  city,  on  the  Bouth  side  of  fresh  water. 
The  preamble  rechea  that  whereas  the  inhabitants  of  the  city  of  New- York  of  all  degrees 
have  very  Justly  acquired  the  reputation  of  being  singularly  and  remarkably  famous  for  their 
diligence  and  serviceablencss  in  cases  of  fires  ;  and  whereas  the  same  inhabitants  have,  at  a 
very  great  charge  and  expesse,  supplied  themselves  and  are  provided  with  tw^o  fire  engincrJ, 
and  various  sorts  of  poles,  hooks,  iron  chains,  ropes,  ladders,  and  several  other  tools  and  in- 
8trunM;nt8  for  the  extinguishing  of  fires ;  and  whereas,  notwithstanding  which  many  housce 
have  frequently  been  burnt,  consumed,  or  very  much  damaged  by  fires  unfortunately  hap- 
pening in  the  saae  city,  before  such  fiies  could,  notwithstanding  all  diligence  used,  be  extin- 
guished, often  ttfthe  great  damage  of  owners,  and  might  happen  to  be  to  the  impoverishing 
and  ntter  ruin  of  many  of  the  good  peeple  o(  the  same  city  ;  the  rage  and  violence  of  which 
ft>r  the  future  may  be  in  great  part  prevented,  if*  a  sufficient  number  of  skilful  persons  be 
appointed  to  have  the  care,  management,  and  working  of  the  said  fire  engines,  and  other 
tools  and  instruments  for  extinguishing  of  fires,  in  cases  of  such  casualty  and  disitress  that 
may  hereafter  happen.  The  act  authorizes  the  common  council  to  displace  any  firemen  and 
appoint  others  in  their  stead,  and  to  preseribe  rules  for  their  government ;  and  exempt  fire- 
men  from  being  chosen  constables,  surveyors  of  roads,  jurors,  or  serving  in  the  militia,  &c. 
except  in  times  of  imminent  danger.  Thirty  additional  fircmeti  were  directed  to  be  appoint 
cd,  by  an  act  passed  11th  December,  1763,  V.  8.  vol.  9,  p.  435.  And  by  an  act  passed  IStfi 
lieccmber,  17<ie,  forty-nine  additional  firemen  were  directed  to  be  appoint^  ;  end  by  an  act 
passed  fitk  Febmary,  1773,  twenty  additional  firemen  were  directed  to  be  appointed.  Aim) 
sthce  the  organization  of  tlje  present  government  nume/ous  acts  have  been  passed  Increas- 
ing their  number,  as  may  be  seen  by  a  reference  to  the  list  of  acts  in  this  vofume. 

It  appears  that  In  the  year  lt37  thwrc  were  hut  two  fire  engiaca  in  the  city.  At  this  day 
there  are  upward  of  M,  well  supplied  with  the  necoaaary  apparatus  for  extiagiiijihing  fires. 
Then  there  were  hut  40  firemen,  now  they  number  more  than  WOO ;  as  strong  a  proof  as  cqqUI 
be  cited  of  the  Increase  of  Hie  city  in  weoith  and  Rumber  of  Inhabltflnts. 


2»^  I'ISHERIES. 

FISHERIES, 

ii\  ilUlteON  RIVER  AT  AND  BELOW  NEW- YORK, 

Revised  Statutes^  Vol.  1,  j)-  (>87. 
TITLE  XI. 

OF  FISnERIES  GENERALLY,  AND  PARTICULARLY  IN  HUDSON  RIVERr 
AND  AT  AND  BELOW  THE    CITY  OF  NEW- YORK. 


Sect.  1.  Cocolus  indicus  not  to  be  thrown  into  streams,  &c. 
2.  Penalty  for  violating  ICiSt  section. 
^  3.  Salmon  not  to  be  taken  between  certain  days  ;  penalty. 

4.  At  certain  Fcasons  fish  not  to  be  taken  in  certain  waters  on  Sunday. 

5,  C.  Fishing  with  seines  or  nets  on  Sunday  in  any  waters,  prohibited ;  penally 

7.  Drift  nets  not  to  be  used  in  certain  waters  during  certain  months. 

8.  Fishing  at  certain  places  prohibited  except  on  certain  daj's. 

9.  Penalty  for  violating  two  last  sections. 

10.  Penalty  for  spearing  pike  between  Fort  Miller  dam  and  Waterford. 

11.  Nets  of  certain  description  may  be  used  in  parts  of  Hudson  river. 

12.  Certain  poles,  &lc.  may  be  set  in  that  river,  out  of  its  channel. 

13.  Penalties  how  applied  ;  by  whom  sued  for. 

14.  Laws  concerning  fisheries  adjacent  to  Staten-Ieland,  not  to  be  affected. 

15.  Courts  of  common  pleas  may  regulate  fishing  in  their  counties. 

16.  Orders  not  to  continue  in  force  more  than  three  years ;  may  be  modified,  &c 

17.  Not  to  be  made  or  altered,  without  application  of  si.v  freeholders. 

18.  Notice  of  application  fur  any  order,  <kc.  how  to  be  given  and  published. 
!•>.  Orders  to  be  entered  in  minutes  of  court;  to  be  posted  and  published. 
t20.  Orders  to  take  ctloct  after  such  posting  and  publication. 

'21.  Costs  and  expenses  of  application,  &c.  by  whom  to  be  paid. 

fVs-pofcocuiuf^ni       ^  1.  ^o  person  shall  put,  cast,  or  throw,  into  any  of  the 

tU<  tts  proliibited.  '  ^  ^  ,  n        -i  -  ^       a  ■ 

waters  of  this  state,  for  the  purpose  of  taking  or  destroying 
any  fish  being  in  any  of  the  said  waters,  any  of  the  berry 
commonly  called  cocolus  indicus,  whether  it  be  mixed  with 
any  other  substance  or  not. (27) 

renaity.  §  2.  Whocvcr  shall  violate  eithei'  of  the  provisions  con- 

tained in  the  preceding  section  of  this  Title,  shall  for  every 
oirence,  forfeit  the  sum  of  twenty-five  dollars.  (27) 


Penalty  for  tak 
Ingsahnonat  cer 
»:iin  time- 


§  8.  No  person  shall  catch,  take,  or  destroy,  any  of  tJie  fish 
usually  called  salmon,  in  any  of  tlie  waters  in  this  state,  be- 
tween the  twentieth  day  of  October,  in  any  yean  and  the 
first  dnv  e>f  February  thereafter  ;  and  whoever  shall  violate 


I,awt;  of  1832,  p  2iI5,  section  IL' 


FISHERIES.  287 

the  provisions  of  this  section,  shall  for  every  oficncc,  forfeit 
the  sum  of  ten  dollars.*  (28) 

§  4.  Between  the  same  periods,  in  any  year,  no  person  shall  il^ukluon'sU'' 
fish  vi^ith  seines,  or  set,  or  draw,  or  raise  any  sort  of  nets,  or  *^^^' 
in  any  manner  take  fish,  in  any  of  the  waters  of  this  state,  at 
or  below  the  city  of  New- York,  after  the  setting  of  the  sun  on 
Saturday  of  each  week,  until  the  rising  of  the  sun  on  Mon- 
day following.  (28) 

§  5.  No  person  shall  fish  with  seines,  or  set,  or  draw,  or    Fishing  with 

r  .  P    ,  .  ,  .        ,  seines,    &c.     on 

raise,  any  sort  of  nets,  m  any  of  the  waters  withm  this  state,  Sunday, 
between  twelve  o'clock  at  night  of  Saturday,  in  each  week, 
and  twelve  o'clock  at  night  of  the  following  Sunday.  (29) 

§  6.  Every  person  who  shall  violate  either  of  the  provisions  ,  Penalty  for  vio: 

^  -    -^  ,  ,  -i  .  \Mwti     two    last 

of  the  two  last  preceding  sections,  shall  for  every  ofience,  s^tuons. 
forfeit  the  sum  of  twenty-five  dollars,  but  shall  not  be  liable 
to  any  penalty  imposed  in  the  eighth  Title  of  this  Chap- 
ter. (20) 


t-netrf  in  cer- 
tain waters. 


§  7.  During  the  months  of  March,  April,  or  May,  in  any  uri 
year,  no  person  shall  use  or  employ  any  drift  net,  in  any  of 
the  waters  of  this  state,  at  or  below  the  city   of    New- 
York.  (30) 

§  8.  During  the  same  months,  in  any  year,  no  person  shall  tc^foV"  Fort^Jm 
fish  in  any  manner,  on  Saratoga  or  Fort-Miller  falls,  except '"  ^^"'''• 
on  Monday,  Friday  and  Saturday,  in  each  wTek.(:30) 

*  It  appears  by  an  act  passed  I6tli  February,  1771,  V.  S.  vol.  C,  p.  filO,  entitled  an  act  to 
prevent  the  taking  and  destroying  of  salmo.i  in  Hudson's  river,  that  e/Torfs  were  made  for 
the  production  of  a  salmon  fishery  in  Hudson  river.  Tlie  preamble  of  the  act  recites  that 
whereas  it  is  thought  that  if  the  fish  called  salmon,  which  arc  very  plenty  in  some  of  the 
rivers  and  lakes  in  this  and  the  neisrhbouring  colonies  were  brought  into  Hudson  river,  that 
they  would  by  spawning  there  soon  become  numerous,  to  the  great  advantage  of  the  public. 
And  wliereas  a  number  of  persons  in  the  county  of  Albany  propose  to  make  the  experiment, 
and  defray  the  expense  attending  tJio  same  ;  in  order  that  the  good  design  may  be  more 
effectually  carried  into  execution,  it  is  conceived  necessary  that  a  law  should  be  passed  for 
prohibiting  the  taking  and  destroying  the  said  fisli  for  a  term  of  years.  The  act  then  declares 
that  any  person  taking  any  salmon  within  five  years  in  the  Hudson  river,  or  tlie  waters 
,  emptying  into  it,  shall  forfeit  ten  pounds.  Notwithstanding  the  exertions  made  in  purtjuance 
of  this  act,  it  docs  not  appear  they  were  attended  with  success.  Tiiat  delicious  fish  .had 
some  lime  before,  and  has  ever  shice  ceased  to  ^isit  the  Hudson  river,  or  any  ut  its  tributary 
streams.  -(     ••    i.    :    "    .V        v^    ;    -  :  \ 

^%)  Laws  of  181G,  p.  183,  section  2.  {'29)  Laws  of  1615,  p.  149,  sett  i  :  leiG,  p.  168 

Li.  'Z;  1&22,  p  108,  sect.  4.  (30)  Law;i  of  ItilS,  i»;  Hi),  scot,  4  5t  G. 


288  FISHERIES. 

iS'?wo' list      5  ^'  Whoever  shall  violate  either  of  the  provisions  of  the 
sections.  ^y^^  |j^g^  preceding  sections,  shall  for  every  offence,  forfeit  the 

sum  of  twenty-five  dollars.  (30) 

spearinH  pike  In      §  10.  No  person  shall  spear  any  fish  commonly  called  pike, 
certain  places,     j^  ^^^  waters  of  the  Hudson  river,  between  the  Fort-Miller 
dam  and  the  village  of  Waterford  ;  and  whoever  shall  vio- 
late this  provision,  shall  forfeit,  for  every  offence,  the  sum  of 
ten  dollars.  (31)  ^  ^  ^ 

Certain  nets  may  §  U'  Hoop-ucts,  fikcs,  or  sct-ncts,  may  be  used  for  catch- 
of  Hudson"rivei!''  iug  fish  in  Hudsou's  river,  on  the  flats,  and  along  the  flats  and 
shores  between  the  city  of  New-York  and  the  state  dam  at 
Fort  Edward,  provided  they  be  constructed  with  buoys  not 
exceeding  four  feet  in  length,  and  two  feet  in  diameter  ;  but 
such  hoop-nets,  fikes,  or  set-nets,  shall  not  be  used  in  the  chan- 
nel of  said  river,  nor  in  any  place  that  was  occupied,  or 
used,  prior  to  the  eleventh  day  of  April,  one  thousand  eight 
hundred  and  fifteen,  for  the  purpose  of  drawing  seines. (32) 

poicB,  &c.  con-  §  12.  Such  poles,  stakes,  or  timber,  as  may  be  necessary 
maybeBct,&c. '  in  fishiug  with  the  hoop-nets,  fikes,  or  set-nets  authorized  in 
the  preceding  section,  may  be  set  in  any  part  of  HudsonV 
river,  out  of  the  channel  thereof,  between  the  points  mention- 
ed in  the  last  preceding  section,  provided  the  navigation  of, 
said  river  be  not  thereby  obstructed  or  endangered.  (32) 


tics 


Suits  for  penal-  §  13.  All  penalties  imposed  in  the  preceding  sections  of 
this  Title,  shall  be  for  the  use  of  the  poor,  and  shall  be  sued 
for  and  recovered  by  the  overseers  of  the  poor  of  the  city  or 
town  in  which  the  offence  shall  be  committed. 

This  title  not  to      §  14.  Nothino^  Contained  in  the  preceding  sections'  of  this^ 

apply  to  Staten-         '  ,111  1  m  '    r  •    •  i 

Island.  Title,  shall  be  construed  to  affect  any  special  provisions  here- 

tofore made  by  law,  and  now  in  force,  concerning  the  fish- 
eries in  the  waters  adjacent  to  Staten-Island. 

Powers  of  com-      §  15.  The  courts  of  commou  pleas  in  the  several  coun- 

gSate^fiSJeheJ.^'  ^ies  of  this  statc,  shall  have  power  to  regulate  the  fishing  in 

any  of  the  streams,  ponds,  or  lakes,  in  their  respective  coun^- 

(30)  Laws  of  18i:>,  p.  149,  section  4  &.  6.  (31)  Lawe  of  1827,  p.  97.  (32)  Laws 

of  IW*,  p.  148,  sectiorv  1,  2. 


FISHERIES.  289 

ties ;  and  to  make  such  order  and  rule  to  prevent  the  de- 
struction of  fish  therein,  as  they  shall  deem  proper ;  and  from 
time  to  time  to  remove  any  restriction  against  fishing  therein, 
heretofore  imposed  by  law,  except  the  restriction  against 
fishing  on  Sunday,  herein  before  provided.  They  shall  also  ^^jg^^/'^"''®  p*" 
have  power  to  prescribe  such  penalties  for  the  violation  of 
any  such  order  or  rule,  not  exceeding  twenty-live  dollars  for 
each  offence,  as  they  shall  deem  proper. (33) 

^  16.  No  such  order  or  rule  shall  be  made,  at  any  one  time,  d^J^'&c" °^'''" 
to  continue  in  force  for  any  longer  term  than  three  years  ;  and 
every  such  rule  or  order  may,  from  time  to  time,  be  altered, 
modified,  or  annulled  by  such  courts,  in  their  discretion. 

§  17.  No  such  order  or  rule  shall  be  made,  except  upon   Pre-reciuisite  to 

T         •  '1  '-Til  -7  anv  order. 

the  application  oi  at  least  six  Irecholdcrs  of  the  town  or  towns 
in  w^hich  such  stream,  pond,  or  lake,  is  situated,  nor  shall  any 
such  order  or  rule  l^e  altered,  modified,  or  annulled,  except 
upon  the  like  application. 

§  18.  Before  the  making-  of  anv  Such  application,  a  notice.  Notice  of  nppii 

,  ,         ,  1  •  T  1  -1    cation  for  orU«r. 

signea  oy  the  persons  making  the  samos  and  setting  forth 
the  object  of  the  intended  application,  and  the  time  when  the 
same  is  to  be  made,  shall  be  posted  up  on  the  outer  door  of 
the  court-house  of  the  county  in  w^hich  such  stream,  pond,  or 
lake  is  situated,  at  least  three  weeks  before  the  making  of 
such  application,  and  shall  be  published  three  weeks  succes- 
sively in  one  of  the  ncAVspapers  printed  in  such  county,  or  if 
there  be  no  newspaper  printed  therein,  then  in  the  newspa- 
per printed  nearest  to  the  strer^m,  lake,  or  pond,  mentioned 
in  the  notice.  And  before  the  court  shall  proceed  to  make, 
alter,  modify,  or  annul  any  such  order  or  rule,  due  proof  shall 
be  produced  of  the  posting  and  publishing  of  such  notice  as 
herein  required. 

§  19.  Every  such  order  or  rule,  v-hen  granted,  shall  be  eil-   orders  to  hp,  En- 
tered at  length  by  the  clerk  of  the  county,  in  the  minutes  of  pubfj^K''^'*"* 
the  court,  kept  by  him;  and  a  certified  copy  thereof  shall  be 
immediately  posted  by  him  on  the  outer  door  of  the  court- . 
house  of  the  same  county,  and  continued  lor  six  i^Ioiidays 

(33)  This  and  llio  rouuiiiiing  scclioiic  of  ihii  Title  arc  laUcn,  nith  soinc  vaiialioiit,  from 
Laws  ori8-2(j,  p.  2'i6,  scstioa  J,  2,  3. 

37 


290  FISHING. 

successively,  after  the  granting  of  such  order  or  rule.  Such 
copy  shall  also  be  published  for  three  weeks  successively  in 
a  newspaper,  as  provided  in  the  last  preceding  section. 

uk?effecu^^'^^°  §  20.  After  such  order  or  rule  shall  have  been  duly  posted 
and  published  for  the  period  above  prescribed,  it  shall  be  bind- 
ing on  all  persons ;  .and  every  person  who  shall  violate  the 
same  shall,  for  every  such  offence,  forfeit  the  sum  prescrib- 
ed therein,  for  the  use  of  the  poor. 

E^nses^y  ^  gj.  The  costs  and  expenses  incident  to  every  applica- 
tion for  any  such  order  or  rule,  shall  be  paid  by  the  persons 
who  shall  have  signed  the  notice  of  the  application. 


FISHING5 

ON    THE    SOUTH    SIDE    OF    STATIN    ISLAND. 

{Chap.  106,  Vol.  6.] 

1.  Penalty  for  fixing  any  net  or  weir,  &c.  beyond  a  certain  line  on  the  south  Bide  of 

Staten  Island.    • 

2.  Free  hauling  places. 

3.  Hedges,  &c.  may  be  removed. 

4.  Persons  prohibited  from  fishing  on  Sunday. 

AN  ACT  to  regulate  the  Fishing  on  the  Sfiores  of  the  South 
side  of  Staten  Island^  and  to  prevent  obstructions  on  the  same, 
and  for  other  purposes. 

Passed  March  22,  1822. 

I.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New- 
'York,  represented  in  Senate  and  Assembly ,  That,  from  and 
after  the  first  day  of  April  next,  it  shall  not  be  lawful  for  any 
person  or  persons,  under  any  pretence  whatsoever,  to  fix  or 
cause  to  be  fixed  or  placed,  any  fike-net,  gill-net,  hoop-net, 
set-net,  or  any  other  net  or  weir,  by  means  of  any  hedge, 
stake,  stone,  post,  pole,  or  anchor,  or  any  other  fixture,  in 
any  of  the  waters  on  the  south  side  of  Staten-Island,  at  any 
greater  distance  from  the  shores  thereof  than  is  hereinafter' 
mentioned  and  described,  viz.  from  a  line  drawn  from  the 
outer  end  of  the  hedge,  at  and  in  front  of  the  land  of  A.  V.  D. 
Fountain,  which  hedge  and  fixtures  shall  not  extend  more  j 
than  two  hundred  and  forty-four  yards  from  ordinary  high! 


FISHING.  291 

water  mark  on  the  shore  opposite  to  the  same,  to  the  outer 
end  of  the  hedge  owned  or  occupied  by  George  Barnes,  near 
the  new  creek,  which  hedge  shall  not  extend  more  than  four 
hundred  and  fifty  yards  distance  from  ordinary  high  water 
mark,  from  the  shore  opposite  to  the  same  to  a  line  running 
from  thence  to  the  outer  end  of  a  hedge  or  stake  to  be  placed 
for  that  purpose,  opposite  to  the  elm  tree,  at  four  hundred 
and  fifty  yards  distance  from  ordinary  high  water  mark,  from 
thence  to  the  outer  end  of  the  hedge  at  the  point  of  the  beach, 
or  point  of  the  great  kills,  which  hedge  shall  not  extend  more 
than  four  hundred  and  fifty  yards  from  ordinary  high  water 
mark  as  aforesaid ;  and  that  any  person  oflending  against 
this  act  shall  be  subject  to  a  fine  or  penalty  of  twenty-five 
dollars  for  every  four  yards  he  shall  extend  his  fixture  beyond  . 
the  line  hereinbefore  described,  and  five  dollars  for  every  day 
after  complaint  shall  have  been  made,  to  be  sued  for  before 
any 'justice  of  the  peace  of  said  county,  and  recovered  by 
any  person  who  shall  sue  for  the  same,  with  costs  of  suit,  for 
the  use  of  the  poor  of  said  county. 


plac«e. 


2.  §  II.  And  be  it  farther  enacted,  That  the  following  ^^'^^**^^'* 
shall  be  free  hauling  places  for  the  inhabitants  of  said  coun- 
ty for  the  drawing  or  fishing  with  seines,  viz.  the  bar  or  sand 
bank  lying  and  being  in  front  of  the  lands  of  J.  V.  D.  Jacob- 
son  and  A.  V.  D.  Fountain,  and  Ijetween  their  hedges  ;  the 
second,  the  shore  or  beach  on  the  south-w^est  side  of  Col. 
John  Garrison  and  Stephen  Kcttelas'  hedge  ;  the  third,  the 
shore  or  beach  lying  between  the  hedges  of  Jacob  Lozier 
and  Joseph  Barton;  the  fourth,  on  the  shore  or -beach  ly- 
ing on  the  north  side  of  the  elm-tree  hedge  at  the  foot  of  New 
Durop  lane. 


3.  §  III.  And  be  it  further  enacted,  That  from  and  after  the  "g  ^Soved 
first  day  of  April  aforesaid,  it  shall  be  lawful  for  any  person 
ex  persons,  for  the  convenient  occupancy  of  the  said  free 
hauling  places,  to  remove  any  hedges,  stakes,  fixtures,  or  ob- 
structions, of  what  nature  or  kind  soever,  that  now  is  or  may 
be  hereafter  found  on  the  said  hauling  places  ;  and  any  per- 
son who  shall  obstruct  or  place  any  hindrances  in  any  of  the 
aforesaid  hauling  places,  shall,  for  each  and  every  such  of- 
fence, forfeit  the  sum  of  twenty-five  dollars,  to  be  sued  for 
and  recovered  in  the  manner  and  for  the  uses  aforesaid. 


ficc.  aaay 


'292  GAME. 

L'Tomtshing  4.  §iy.  And  he  it  further  enacted,  That  no  person  shall 
oo  Sunday.  clraw  01'  set  any  nets,  or  in  any  manner  take  any  lish  in  any 
of  the  waters  of  this  state,  on  Sunday  ;  and  any  person  con- 
victed of  such  offence  at  the  suit  of  any  person  who  may  com- 
plain thereof,  before  any  justice  of  the  peace,  who  is  hereby 
declared  to  have  full  jurisdiction  for  that  purpose,  shall  be 
punished  by  fine  not  exceeding  five  dollars,  together  with 
costs,  or  by  imprisonment  in  the  county  jail  not  exceeding 
ten  days,  in  the  discretion  of  such  justice. 


Revised  Statutes,  Vol.  I,  p.  102. 

GA.!HE, 

KILLING  OF,  IN  THE  COUNTY  OF  NEW-YORK. 


A    Killing  of  heath-hen?,  quails,  partridges,  and  woodcock  at  certain  times 
2.  Penalty  for. 
r?.  Evidence  of  having  incurred  penalty. 

4.  Killing  muskrais. 

5.  Suits  for  penalties. 

hens"quaii!.,  par-  1.  §  7.  No  porsou  sliall  kill  auy  heath-hens  within  the  county 
c"ckraT  cmain  of  Qucens,  bctwcen  the  first  day  of  January  and  the  first 
Wednesday  in  October,  nor  in  the  county  of  Suffolk  between 
the  first  day  of  January  and  the  second  Wednesday  in  Sep- 
tember ;  nor  shall  any  person  kill  any  quails  or  partridges  in 
the  counties  of  Queens,  Kings,  Suffolk  and  New- York  be- 
tween the  fifth  day  of  January  and  the  twenty-fifth  day  of 
September;  nor  in  the  county  of  Albany  between  the  first 
day  of  March  and  the  first  day  of  October ;  nor  shall  any 
person  kill  any  woodcock  in  any  of  the  counties  above  named 
between  the  first  day  of  February  and  the  first  day  of  July; 
nor  shall  any  person  kill  any  pheasants  in  the  county  of  Al- 
^  bany  between  the  first  day  of  March  and  the  first  day  of 
October.  (50) 

Penalty.  2.  §  8.  Wlioevcr  sliall  offend  against  the  provisions  of  the 

last  section,  by  killing  any  heath-hens,  shall  forfeit  twenty- 
five  dollars  ;  by  killing  any  partridge,  one  dollar ;  and  by  kill- 
ing any  quail,  woodcock  or  pheasant,  fifty  cents. (.50) 

C50)  T.aws  of  1813.  p.  %5,  section  1  :  of  1?22.  p.  19S  ;  of  1824,  p.  201. 


GAME.  293 

3.  §  9.  Every  person  who  shall  expose  to  sale  any  heath-hen,  ^,g'*ln"u^„*!^*'^: 
woodcock,  quail,  partridge  or  pheasant,  in  either  of  the  said  "^">'' 
counties  respectively,  or' shall  have  any  of  the  said  game  in 

his  possession  in  either  of  the  said  counties,  during  the  time 
when  the  killing  of  such  game  is  forbidden  by  law',  shall  be 
deemed  guilty  of  killing  the  same  game,  within  the  time  pro- 
hibited. (50) 

4.  §  10.  No  person  shall  kill  any  muskrat  at  any  other  Killing muskratg. 
place  than  along  the  line  of  some  canal  or  artificial  dam  or 
embankment,  between  the  first  day  of  May  and  the  first  day  of 
November  in  any  year  ;  whoever  offends  against  this  provi- 
sion shall  forfeit  one  dollar  for  every  muskrat  so  killed. (51) 

5.  §  11.  The  penalties  prescribed  in  this   Title  shall  be   suits  for  ponai 
sued  for  and  recovered  by  and  in  the  name  of  the  overseers 

of  the  poor  of  the  town  where  the  oflence  was  committed, 
in  an  action  to  be  commenced  within  three  months  after  the 
commission  of  the  offence,  and  shall  be  applied  for  the  use  of 
the  poor.* 

(50)  I,a\V3  of-lSlS,  p.  265,  section  1  ;  of  1822,  p.  ICS  ;  of .1824,  p.  201.  (51)  I^ws 

of  1820,  p.  182. 

*  The  attention  of  the  colonial  assembly  was  directed  to  the  preservation  of  game  so  early 
as  the  18th  of  September,  1708,  V.  S.  vol.  1,  p.  73.  By  an  act  then  passed  it  was  enacted 
that  for  the  preservation  of  deer,  and  other  game,  williin  the  county  of  Suffolk,  Queen's 
county  and  King's  county,  that  whosoever  within  the  said  counties,  Christian  or  Indian, 
freeman  or  slave,  after  the  publication  hereof,  siiall  kill  or  destroy  any  buck,  doe,  or  fawn, 
or  any  sort  of  deer  whatever,  and  wild  turkles,  lieath-hens,  partridges,  or  quails,  their  eggs 
or  young  ones,  at  any  time  of  the  year,  except  the  times  and  seasons  hereinafter  mentioned 
and  expressed  ;  that  is  to  say,  for  deer,  between  the  first  day  of  August  and  the  first  day  of 
January,  and  for  turkles,  heath  hens,  partridges,  and  quails,  between  the  first  day  of  August 
and  the  first  day  of  April,  shall  forfeit  and  pay  for  every  such  buck,  doe,  fawn,  or  other  deer 
so  killed  or  destroyed  as  aforesaid,  the  sum  of  thirty  shillings  lawful  money  of  New- York, 
or  by  default  thereof,  sutler  imprisonment  for  the  trrm  and  space  of  thirty  days,  without 
bail  or  mainprlzc,  unless  within  that  time  he  or  they  shall  pay  the  forfeiture  aforesaid  ;  and 
for  every  wild  turkey,  chicken,  or  eggs  killed  or  destroyed  as  aforesaid,  the  sum  of  five  shil- 
lings, like  currency  money  aforesaid,  or  in  default  thereof,  suffer  imprisonment  for  the  space 
of  five  days  as  aforesaid  ;  and  for  every  heath-hen,  partridge,  or  quail,  their  eggs  or  young 
ones,  so  killed  or  destroyed  as  aforesaid,  the  sum  of  two  shillings  and  sixpence,  or  two  days 
and  a  half  imprisonment  as  aforesaid.  The  above  act  was  amended  by  an  art  passed  24fh 
March,  1772,  V.  S.  vol  2,  p.  697,  increasing  the  penalty  in  the  precinct  of  Islip  in  Snfll)lk 
county  :  and  since  that  period  various  acts  have  been  passed  for  the  preservation  of  game. 


294  GRAIN MEASURING  OF. 


CHAP.,CXLL 

,    GRAIN, 

MEASURING  OF,  IN  THE  CITY  OF  NEW- YORK. 

1.  Measurer-general  and  measurers. 

2.  To  keep  an  office  in  the  city. 

3.  To  decide  in  case  of  dispute. 

4.  Pay  of  measurer. 

5.  6.  Restrictions. 

7, 8.  Regulations  respecting  measuring  and  suspension  of  mcasurere. 
y.  Measures. 

10.  Annual  report. 

11.  Pay  for  services  and  expenses. 

12.  Additional  measurers. 

AN  ACT  regulating  the  Measuring  of  Grain  in  the  City  of 

New-York. 

Pas-:ed  AprilH,  1832.  p.219. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Sm"aSr'  §  1-  ^^^  governor  shall  nominate,  and  with  the  consent 
of  the  senate,  appoint  a  measurer-general,  and  not  less  than 
ten  or  more  than  twenty  measurers  of  grain  in  the  city  of 
New- York,  who  shall  hold  their  offices  for  two  years  from 
the  date  of  their  appointment. 

Tokeepanoflicc  §  2.  It  shall  bc  tlic  duty  of  the  measurer-general,  to  keep 
an  office  in  some  convenient  part  of  said  city,  for  the  recep- 
tion of  orders  from  the  owner,  agent,  purchaser  or  other  per- 
son having  any  grain  in  charge ;  and  it  shall  be  the  duty  of 
the  measurers,  on  the  requirement  of  the  measurer-genera^ 
to  go,  w^ithout  delay,  to  the  place  within  the  city  of  New- 
York  where  such  grain  is  deposited,  and  measure  the  same. 


To  decide  in  case 
of  dispute. 


§  3.  If  any  dispute  shall  arise  between  the  purchaser  and 
seller  of  any  grain,  or  between  cither  of  them  and  the  mea- 
surer, respecting  the  measurement  of  any  grain  in  the.  said 
city,  such  dispute  shall  bc  submitted  to  measurer-general, 
whose  determination  shall  be  final ;  but  if  any  such  dispute 
shall  relate  to  the  quality  of  the  grain,  and  if  the  buyer  or  sel- 
ler shall  be  dissatisfied  with  the  decision  of  the  measurer-ge- 
neral, they  or  either  of  them,  may  appeal  to  three  indifferent 


GRAIN MEASURING  OF.  295 

persons,  one  to  bo  chosen  by  each  of  the  parties,  and  the  third 
by  the  two  thus  chosen,  whose  decision  shall  be  conclusive 
on  the  matter.  '> 

J  4.  The  measurer  who  shall  perform  the  service,  shall  be       »«  pay. 
entitled  to  demand  and  receive  at  the  rate  of  seventy-five 
cents  for  every  hundred  bushels  of  grain  measured  by  him, 
one  half  to  be  paid  by  the  buyer  and  the  other  half  by  the 
seller. 

§  5.  No  person,  except  those  appointed  in  pursuance  of  Rcatrkiion. 
this  act,  shall  measure  any  grain  within  the  city  ot  New- 
York,  for  hire,  pay  or  reward,  under  the  penalty  of  twenty- 
five  dollars,  to  be  recovered  by  any  person  who  shall  sue  for 
the  same.  The  measurers  of  grain  now  in  office  in  the  said 
city  shall  continue  to  discharge  the  duties  of  their  offices 
until  other  measurers  shall  be  appointed  under  this  act,  and 
until  they  shall  have  been  sworn  in. 

§  6.  Neither  the  measurer-general  or  measurers  shall,  di-  ibia. 
rectly  or  indirectly  purchase  any  grain  except  for  their  own 
use ;  or  be  concerned  or  connected  in  business  or  trade  with 
any  person  dealing  in  grain,  or  act  as  agent  for  any  person  or 
persons  in  the  purchase  or  sale  of  any  grain,  under  the, pen- 
alty of  two  hundred  and  fifty  dollars,  to  be  recovered  by  any 
person  who  shall  sue  for  the  same. 

6  7.  The  measurer-ffcneral  is  hereby  authorized  and  re-   Measuring  how 

.        ,  .  ,     ,  .,.,.,>  TVT  regulated. 

quired  to  supermtend  the  measurers  within  the  city  of  New- 
York,  and  allot  to  each  as  equitable  a  portion  of  the  business 
as  the  nature  of  the  case  will  admit;  and  the  said  measurers 
are  required  to  follow  such  instructions  or  directions  as  they 
or  either  of  them,  may  from  time  to  time  receive  from  the 
measurer-general,  in  relation  to  the  duties  required  of  them 
by  law  :  and  they  shall,  once  in  every  month,  make  separate 
returns  to  him  of  the  number  of  bushels  of  the  difiercnt  kinds 
of  grain  measured  by  them  respectively,  with  the  average 
price,  as  near  as  practicable,  from  what  place  shipped,  and  if 
exported,  to  what  place. 

§  8.  The  measurer-general  is  hereby  authorized,  and  it     sagpcmior. 
shall  be  his  duty  to  suspend  from  the  exercise  or  performance 


298 


Measures. 


GRAIN— MEASURING  OF. 

of  all  official  acts,  or  measurer  who  shall,  in  his  opinion,  act 
inconsistently  with  the  trust  reposed  in  such  measurer,  by 
neglect,  incapacity,  mal-practice  or  other  cause,  and  report 
the  name  of  such  measurer,  'together  with  the  reasons  for 
such  suspension,  to  the  person  administering  the  government 
of  this  state,  who  in  his  discretion,  may  remove  from  office 
such  measurer,  and  appoint  some  fit  person  to  supply  the  va- 
cancy, until  the  pleasure  of  the  senate  shall  be  known, 

§  9.  Whenever  any  measurer  shall  attend  for  the  purpose 
of  measuring  any  grain,  it  shall  be  the  duty  of  the  person  sell- 
ing or  delivering  such  grain,  to  cause  the  measures  to  be  fill- 
ed and  removed  according  to  the  directions  of  the  measurer- 
general. 


Annual  report.  §  10.  It  shall  bc  thc  duty  of  the  meas-urcr-gencml  annually, 
in  the  month  of  January,  to  make  and  transmit  to  the  legisla- 
ture, a  report  containing  the  number  of  bushels  of  grain  of 
different  kinds  measured  under  his  superintendence,  in  each 
month  during  the  year  ending  with  the  thirty-first  day  of  De- 
cember preceding  such  report;  the  average  price,  as  near  a» 
practicable  ;  from  what  place  shipped ;  and  if  exported,  to 
what  place ;  together  with  the  amount  of  fees  received  by 
liimself  and  each  measurer. 


Pay  for  services 
and  expenses. 


§  11.  The  measurer-general  shall  bc  entitled  to  receive  for 
his  services  and  expenses,  six  cents  on  every  hundred  bushels 
of  grain  measured  under  his  superintendence  ;  and  it  shall 
bc  the  duty  of  the  measurers  respectively,  on  making  the  re- 
turns required  by  the  seventh  section  of  this  act,  to  pay  to 
the .  measurer-general  six  cents  on  every  hundred  bushels 
measured  by  them ;  and  for  any  default  in  such  payments, 
or  for  any  wilful  false  or  hicorrect  return,  the  measurer-ge- 
neral, or  measurer,  guilty  thereof,  shall  forfeit  his  office  and 
be  removed  therefrom. 


Additional  mea- 
surer. 


§  12.  If,  at  any  time,  the  measurers  directed  to  be  appoint- 
ed by  thc  first  section  of  this  act,  shall  be  insufficient  for  the 
necessary  despatch  of  their  official  duties,  the  measurer-ge- 
neral shall  have  power  to  appoint  so  many  additional  mea- 
surers as  may  be  necessary  ;  but  no  such  additional  measurer 
shall  hold  his  office  for  a  longer  time  than  shall  bc  necessary 


GRANTS  OF  LAND  UNDER  WATER.  297 

for  the  performance  of  the  particular  duties  for  which  he  was 
so  appointed. 

^  13.  This  act  shall  take  effect  immediately  on  the  passage  aci  to  lak*  effect 
thereof. 


GRANTS  OF  LAND  UNDER  WATER* 

Revised  Statutes,  Vol.  1 ,  p.  208. 

ARTICLE  FOURTH. 

OP  GRANTS  OP  LAND  UNDER  WATER, 

67.  When  and  to  whom  commissioners  may  grant  lands  under  water. 

68,  69.  The  power  given  in  preceding  section  to  extend  to  certain  waters. 
70,  71.  Applicants  to  give  notice,  and  how. 

§  67.  The  commissioners  of  the  land-office  shall  have  power  jvh^"  an«*  » 
to  grant  so  much  of  the  lands  under  the  waters  of  naviga- 
ble rivers  or  lakes,  as  they  shall  deem  necessary,  to  promote 
the  commerce  of  this  state ;  but  no  such  grant  shall  be  made 
to  any  person,  other  than  the  proprietor  of  the  adjacent  lands, 
and  every  such  grant  that  shall  be  made  to  any  othetperson, 
shall  be  void.  (67) 

§  68.  The  powers  hereby  vested  in  the  said  commission-  Certain  watete, 
ers,  shall  extend  to  lands  under  the  water  of  Hudson's  river, 
adjacent  to  the  state  of  New- Jersey  ;  and  also  to  lands  under 
the  waters  adjacent  to  and  surrounding  Great  Barn  Island,  in 
the  city  and  county  of  New- York ;  and  to  the  land  between 
high  and  low  water  mark  on  said  island ;  but  no  grant  shall 
be  so  made,  as  to  interfere  with  the  rights  of  the  corporation 

I  of  the  city  of  New- York,  or  to  affect  the  navigation  of  the 

I  waters  surrounding  the  said  island. (67) 

§  69.  The  powers  of  the  commissioners  shall  also  extend  ibi<L 
.  to  the  lands  under  water,  adjacent  to  and  surrounding  Staten 
Island ;  but  no  such  grant  shall  be  so  made  as  to  interfere 
with  any  rights  of  the  corporation  of  the  city  of  New- York, 
or  to  extend  more  than  five  hundred  feet  into  the  water,  from 
low  water  mark, (67) 

(67)  1  R.  L.  293,  section  4  ;  Laws  of  1815,  p.  201,  section  1. 

38 


298  HACKNEY  COACHES. 


Notice  by  appli 
cant. 


§  70.  Every  applicant  for  a  grant  of  land  under  water, 
shall,  previous  to  his  applic|ition,  give  notice  thereof,  by  ad- 
vertisement, to  be  published  for  six  weeks  successively,  in  a 
newspaper  printed  in  the  county  in  which  the  land  so  intend- 
ed to  be  applied  for  shall  be  situated ;  and  shall  cause  a  copy 
of  such  advertisement  to  be  put  up  on  the  door  of  the  court- 
house of  such  county,  and  if  'there  be  no  court-house  in  the 
county,  then  at  such  place  as  the  commissioners  shall  direct.(67) 

Ibid.  §  71.  If  there  be  no  newspaper  published  in  the  county 

where  such  land  shall  lie,  the  advertisement  shall  be  pub- 
lished in  the  newspaper  that  shall  be  printed  nearest  to  such 
land. 


HACKNEY  COACHES. 

[Forty 'Seventh  Session — Vol  6,  c.  p.  40.] 

CHAR  L. 

1.  Owners  of  hacliney  coaches  to  be  licensed. 

2.  Section  272  of  Act  of  1813  repealed  in  part. 

AN  ACT  relating  to  Hackney  Coaches  and  Carriages  in  the 
City  of  New-York. 

Passed  Ft  bruar}' 21,  1824. 

♦^re,  &c.  to  1.  §  I,  Be  it  enacted  by  the  People  of  the  State  of  New-York^ 
represented  in  Senate  and  Assembly,  That  the  owner  of  every 
hackney  coach  or  carriage,  or  hackney  coaches  or  carriages 
in  the  city  of  New- York,  who  shall  obtain  such  license  as  is 
mentioned  in  the  two  hundred  and  seventy-second  section  of 
the  act,  entitled  "  An  act  to  reduce  several  laws  relating 
particularly  to  the  city  of  New- York,  into  one  act,"  passed 
April  9th,  1813,  shall  pay  therefor  annually  to  the  common 
council  of  the  said  city,  a  sum  to  be  determined  by  the  com- 
mon council,  not  less  than  five  dollars,  and  not  exceeding 
twenty  dollars,  ibr  each  hackney  cpach  or  carriage. 

^rart  of  a  section  2.  §  2.  And  be  it  further  e^iacted,  That  so  much  of  the  said 
two  hundred  and  seventy-second  section  of  the  act  before' 
mentioned,  as  may  be  inconsistent  with  the  provisions  of  this 
act,  be  and  the  same  is  hereby  repealed. 

(G7)  1  R.  L.  293,  section  4  •  ?  ^ws  •f  1815.  n.  291,  section  1. 


HARBOUR  MASTERS.  299 

[Fort]/' Second  Session — Vol.  5,  a.  p.  11.] 

HARBOUR  PWASTERS. 

CHAP.   XVIII. 

1.  Two  harbour  masters  to  be  appointed. 

2.  Their  duty. 

3.  Their  authority  to  regulate  and  station  rcssels. 

4.  Their  feea. 

5.  Fees,  wlien  to  be  paiil. 

(5.  To  enforce  the  laws  relative  to  cleansing  docks. 
^  7.  Powers  of,  defined. 

AN  ACT  to  amend  an  actj  entitled  ^^  An  act  to  reduce  several 
laws  relating  particularly  to  the  City  of  New-York  into  one 
act,  so  far  as  the  same  relates  to  the  Master  and  Wardens, 
Harbour  Masters  and  Pilots  of  the  port  of  New-York,  and 
their  duties,  and  for  other  purposes.''^ 

Passed  February  19,  1819. 

1.  §  XXXIII.  And  he  it  further  enacted,  That  the  person  Jjo^harbour  ' 
administering  vhe  government  of  this  state,  by  and  with  the  appoi^cd. 
advice  and  consent  of  the  council  of  appointment,  shall,  from 

time  to  time,  appoint  two  proper  persons  to  be  harbom-  mas- 
ters of  the  port  of  New- York,  who  shall  respectively  hold 
their  office  during  the  pleasure  of  the  said  council ;  and  that 
the  said  harbour  masters,  before  they  enter  upon  the  duties  of 
their  said  office,  shall  respectively  execute  bonds,  to  the  peo- 
ple of  this  state,  with  two  sufficient  sureties,  to  be  approved 
of  by  the  mayor  or  recorder  of  the  city  of  New- York,  each  in 
the  penal  sum  of  two  thousand  five  hundred  dollars,  condi> 
tioned  for  the  faithful  and  impartial  fulfilment  of  the  duties 
required  by  this  act,  and  shall  also  take  an  oath  truly  and 
faithfully  to  execute  the  same :  Provided  however.  That  the 
harbour  masters  already  appointed  shall  continue  in  office 
until  others  arc  appointed  as  aforesaid. 

2.  §  XXXIV.  And  be  it  further  enacted,  That  the  said  har-  Their  duty. 
?our  masters  shall  jointly  and  severally  perform  all  the  du- 

ies,  exercise  all  the  powers,  and  divide  equally  between 
hem  all  the  emoluments  imposed  and  authorized  by  this  act ; 
•provided.  That  the  said  harbour    masters   shall    not  have    p^ovisg. 
,)0wer  or  powers  to  appoint  a  deputy  or  deputies,  unless  in 
he  following  cases  :  that  is  to  say,  in  case  of  the  sickness  of 


I 


300  HARBOUR  MASTERS. 

one  or  both  of  the  said  harbour  masters,  either  of  them  may- 
appoint  a  deputy  or  deputies  to  act  during  such  sickness,  and 
in  case  of  the  death  of  one  of  them,  the  surviving  harbour 
master  may  appoint  a  deputy  or  deputies,  to  act  until  the 
council  of  appointment  shall  supply  such  vacancy. 

Btatioi?ve8sei3 "       3.  §  XXXV.  And  he  it  further  enacted,  That  the  said  har- 
bour masters  shall  have  authority  to  regulate  and  station  al 
ships  and  vessels  in  the  stream  of  the  east  and  north  rivers 
v^ithin  the  limits  of  the  city  of  New- York,  and  the  wharve 
thereof,  and  to  remove,  from  time  to  time,  such  ships  or  ves 
sels  as  are  not  employed  in  receiving  and  discharging  thei 
cargoes,  to  make  room  for  such  others  as  require  to  be  mor 
immediately  accommodated,  for  the  purpose  of  receiving  o 
discharging  their's ;  and  as  to  the  fact  of  their  being  fairl 
and  bona  fide  employed  in  receiving  or  discharging  their  cai 
goes,  the  said  harbour  masters,  or  either  of  them,  is  hereb 
constituted  the  sole  judge  :   And  further,   The  said  harboi 
masters,  or  either  of  them,  shall  have  authority  to  determin 
how  far,  and  in  what  instances,  it  is  the  duty  of  the  maste: 
and  others,  having  charge  of  ships  and  vessels,  to  accomm« 
date  each  other,  in  their  respective  situations  ;  and  if  ar 
master,  or  other  person,  having  charge  of  any  ship  or  vesse 
shall  refuse  or  neglect  to  obey  the  directions  of  the  said  ha 
hour  masters,  or  either  of  them,  in  matters  within  their  a 
thority  to  direct,  or  if  any  person  shall  resist  or  oppose  tl- 
said  harbour  masters,  or  either  of  them,  in  the  execution  [ 
the  duties  of  their  office,  such  master,  or  other  person,  havi:; 
charge  of  any  ship  or  vessel,  or  other  person  whatsoevf, 
shall,  for  every  such  offence,  forfeit  and  pay  the  sum  of  fil' 
dollars,  to  be  recovered,  with  costs  of  suit,  in  the  name  i 
the  treasurer  of  the  hospital  of  the  said  city,  before  any  coi^ 
having  cognizance  thereof:  All  which  fines,  when  collect(j, 
shall  be  paid  to  said  treasurer,  for  the  use  of  said  hospital.! 

Their  fees.  4.  §  XXXVI.  And  he  it  further  enacted,  That  the  saidh;|- 
bour  masters  shall  have  power  to  demand  and  receive,  friji 
the  commanders,  owners  and  consignees,  or  either  of  the 
on  all  ships  or  vessels  of  the  United  States,  and  on  all  sh 
or  vessels  of  any  foreign  nation  that  are  permitted  by  le 
laws  of  the  United  States  to  enter  on  the  same  terms  as  vt* 
sels  of  the  United  States,  and  which  shall  enter  the  said  pfl 


HARBOUR  MASTERS.  301 

of  New- York,  and  load  or  unload,  or  make  fast  to  any  wharf 
therein,  one  and  a  half  cent  per  ton,  to  be  computed  from  the 
tonnage  expressed  in  the  register  or  enrolments  of  such  ships 
and  vessels  respectively,  and  no  more  ;  and  also  on  all  other 
foreign  ships  or  vessels  which  shall  arrive  at  and  enter  the 
said  port,  and  load,  unload,  or  make  fast  to  any  wharf  therein, 
double  the  amount  of  fees  above  specified,  according  to  the 
rate  of  tonnage  or  burthen  of  said  ships  or  vessels  respec- 
tively, to  be  ascertained  by  their  respective  registers,  or  other 
documents  on  board  the  same ;  Provided  nevertheless,  That  Proviso 
nothing  whatsoever  shall  be  demanded  by  the  said  harbour 
masters  for  the  entrance  into  the  port  of  New-York  of  any 
sloop  or  schooner  employed  in  the  coasting  trade  wdthin  the 
United  States,  unless  upon  the  apphcation  of  the  master  or 
person  having  charge  of  any  such  vessel  employed  in  the 
coasting  trade  as  aforesaid,  the  said  harbour  masters,  or 
either  of  them,  shall  interfere  and  adjust  any  difference  which 
may  happen  respecting  the  situation  or  position  of  any  such 
coasting  vessel ;  which  difference  said  harbour  masters,  or 
either  of  them,  arc  hereby  authorized  and  required  to  hear 
and  determine ;  in  which  case,  the  said  harbour  masters  or 
either  of  them,  may  demand  and  receive,  from  the  party  in 
default  in  the  premises,  the  sum  of  two  dollars,  and  no  more, 
for  any  difference  so  by  him  adjusted ;  to  be  sued  for,  and 
recovered,  in  the  names,  and  for  the  use,  of  said  harbour 
masters,  in  any  court  having  cognizance  thereof. 

5.  §  XXX Vil.    Andhe  it  further  enacted,  That  the  master,    Fpe^whemobe 

f.  paid. 

owner  or  consignees  of  any  ship  or  vessel,  subject  to  the 
payment  of  fees  to  the  harbour  masters  as  aforesaid,  shall, 
within  forty-eight  hours  after  the  arrival  of  such  ship  or 
vessel,  pay  the  fees  so  due  thereon,  at  the  office  of  the  said 
harbour  masters,  or  one  of  them ;  and  in  default  of  such 
payment,  if  the  same  shall  have  been  first  duly  demanded, 
such  master,  owner,  or  consignee,  on  whom  such  demand 
shall  have  been  previously  made,  shall  forfeit  and  pay  double 
the  amount  of  such  fees,  to  be  sued  for  and  recovered,  in  the 
names,  and  for  the  use,  of  the  said  harbour  masters,  in  any 
court  having  cognizance  thereof 

6.  §  XXX  VIII.  And  he   it  further  enacted,  That  it  shall  be  "arbour  master* 

,  ,  .     ,  '  to    enforce     tho 

the  dutv  ot  the  said  harbour  masters  to  sunenntend  and  en-  '^^^^  relative  to 

^  cleaning;     docks. 

&.C. 


302  HARBOUR  MASTERS. 

force  the  execution  of  all  laws  of  this  state,  and  by-laws 
of  the  corporation  of  the  city  of  New- York,  for  cleaning 
the  docks  and  wharves,  and  for  preventing  and  removing  all 
nuisances  in  or  upon  them,  or  either  of  them  :  And  if  the 
person  or  persons,  whose  duty  it  shall  be  to  remove  such 
nuisance,  shall  refuse  or  neglect  to  remove  the  same,  within 
forty-eight  hours  after  notire  from  the  said  harbour  masters, 
or  one  of  them,  requiring  such  person  or  persons,  to  remove 
the  same,  the  said  harbour  masters  may  thereupon  demand 
and  receive  from  such  person  or  persons,  so  neglecting  or 
refusing,  the  sum  of  two  dollars  and  fifty  cents  ;  and  in  case 
of  non-payment  thereof,  on  demand,  the  same  may  be  sued 
for  and  recovered,  in  the  names  of,  and  for  the  use  of  the 
said  harbour  masters,  in  any  court  having  cognizance  thereof. 


Powers  defined. 


{Forty-Third  Session^Vol.  6,  b.  p.  8.] 

CHAP.  X. 

AN  ACT  defining  the  Powers  of  the  Harbour  Masters  in  the 
City  of  New-York. 

Passed  January  22,1823. 

§  7.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly ,  That  nothing  contained 
in  so  much  of  the  act,  entitled  "  An  act  to  reduce  several  laws 
relating  particularly  to  the  city  of  New- York,  into  one  act,"^ 
as  relates  to  harbour  masters,  shall  be  so  construed  as  to  in- 
vest them  with  any  power  or  authority  respecting  vessels 
which  shall  lie  at  or  within  any  of  the  wharves,  docks  or 
slips,  belonging  to  the  mayor,  aldermen  and  commonalty  oi 
the  city  of  New- York. 


HAWKERS  AND  PEDDLERS.  303 

HAWKERS  and  PEDDLERS. 

Revised  Statutes  J  Vol.  I,  p.  675. 
TITLE  IF. 

OF  HAWKERS  AND  PEDDLERS. 

1.  No  person  to  peddle  without  license. 

2.  Application  for  licenses  to  be  made  to  secretary  of  state. 

3.  What  duties  to  be  paid  before  applicant  entitled  to  a  license. 

4.  Secretary  to  grant  license  upon  applicant's  showing  payment  of  fees. 

5.  Licenses  to  be  issued  in  April,  and  renewed  annually. 

6.  Penalty  for  peddling  without  license,  or  contrary  to  terms  ef  It. 

7.  Penalty  for  refusing  to  show  license  when  denianded. 

8.  Any  citizen  may  apprehend  a  person  found  peddling  without  license,  6lc. 

9.  Duty  of  justice  before  whom  such  peddler  may  be  taken. 

10.  In  prosecutions  for  penalties  under  this  Title,  when  no  costs  allowed  to  defendant. 

11.  No  suit  to  be  maintained,  unless  brought  within  60  days  after  offence. 

12.  Persons  sued  for  executing  this  Title,  may  plead  general  issue,  Sec. 

6  1.  No  person  shall  be  authorized  to  travel  from  place  to  Peddiers  to  ob 

*  *^  *  lain  license. 

place,  within  this  state,  for  the  purpose  of  carrying  to  sell  or 
exposing  to  sale,  any  goods,  wares  or  merchandise,  of  the 
growth,  produce  or  manufacture  of  any  foreign  country,  un- 
less he  shall  have  obtained  a  license  as  a  hawker  and  peddler, 
in  the  manner  herein  after  directed.  (45) 

§  2.  Every  person  desirous  to  obtain  a  license  as  a  hawker  License  how  ap 
or  peddler,  shall  apply  to  the  secretary  of  this  state,  and  shall 
deliver  to  him  a  note  in  writing,  signed  by  such  applicant,  or 
his  authorized  agent,  and  stating  in  what  mahner  the  appli- 
cant intends  to  travel  and  trade,  whether  on  foot,  or  with  one 
or  more  horses,  or  other  beasts  of  burthen,  or  with  any  sort 
of  carriage,  or  boat.  (45) 

§  3.  Every  such  applicant,  before  he  shall  be  entitled  to  a  Duties  to  be  paid. 
license,  shall  pay  into  the  treasury  the  following  duties  :  If 
he  intend  to  travel  on  foot,  the  sum  of  fifty  dollars  ;  if  he  in- 
tend to  travel  and  carry  his  goods  with  a  single  horse,  or 
other  beast  carrying  or  drawing  a  burthen,  or  with  a  boat,  or 
boats,  the  sum  of-  eighty  dollars  ;  and  if  he  intend  to  travel 
with  any  vehicle  or  carriage  drawn  by  more  than  one  horse  ; 
or  other  animal,  the  sum  of  one  hundred  dollars. (45) 

(45)  2  R.  L.  228,  section  1,  2. 


J 


304  ^WKERS  AND  PEDDLERS. 

b^grTmed;°''' '°  §  4.  It  shall  be  the  duty  of  secretary  of  state,  upon  the  pay- 
ment of  his  fees,  to  grant  to  e^ry  such  applicant,  who  shall 
deliver  to  him,  with  the  notice  above  required,  the  receipt 
of  the  treasurer^  countersigned  by  the  com ptraller,  showing 
the  payment  of  the  proper  duties,  a  license  under  his  seal  of 
office,  and  signed  by  himself,  or  his  deputy,  authorizing  such 
applicant  to  travel  and  trade  within  this  state  as  a  hawker, 
or  peddler,  in  the  manner  stated  in  the  notice  so  delivered,  for 
the  term  of  one  year  from  the  date  of  such  license. (45) 

«n«rwhen.  §  5.  AH  such  liceuses  shall  be  issued  in  the  month  of  April 

in  each  year,  and  at  no  other  time  ;  an-d  every  license  granted,, 
or  to  be  granted,  shall  be  renewed  annually  by  the  secretary 
of  state,  if  such  renewal  be  applied  for,  on  the  same  terms 
and  conditions  that  the  original  license  was  granted.  (4 5) 

renaity  for  ped-  ^  6.  Evcrv  Dcrson  wlio  shall  be  found  travelhnff  and  trad- 
cense.  jng  witliiu  this  state,  contrary  to  the  provisions  of  the  first 

section  of  this  Title,  or  contrary  to  the  terms  of  any  license 

that  may  have  been  granted  to  him  as  a  hawker,  or  peddler^ 
.    shall,  for  each  offence,  forfeit  the  sum  of  twenty-five  dollars^ 

to  the  use  of  the  poor  of  the  town  in  which  the  offence  shall 

be  committed.  (46) 

renaityforrofiis-      §  7.  Evcry  pcrson  so  tradin.?^,  who  shall  refuse  to  produce 

ing   to     produce  i  i  in  i-  •    •  u 

iicen-e.  a  license  as  a  hawker  or  peddler,  to  any  olncer  or  citizen  who 

shall  demand  the  same,  shall,  for  each  offence,  forfeit  the  sum 
of  ten  dollars,  to  the  overseers  of  the  poor  of  the  town  in 
•  which  the  demand  shall  be  made,  for  the  use  of  the  poor 
therein  ;  and  every  such  offender,  who,  after  notice,  shall  re- 
fuse or  neglect  to  pay  the  above  penalty,  shall  be  committed 
by  the  justice  beforc  whom  the  conviction  shall  be  had,  to  the 
jail  of  the  county  in  which  the  offence  shall  have  been  com- 
mitted, for  the  term  of  one  month.  (46) 

Proceeding  §  8.  Auv  citizcu  may  apprehend  and  detain  any  person  who 
shall  be  found  trading  as  a  hawker  or  peddler,  without  license, 
or  contrary  to  the  terms  of  his  license,  or  who  shall  refuse 
to  produce  his  license,  in  violation  of  the  provisions  of  this 
Title  ;  and  mav  convey  the  offender  before  any  justice  of  the 


thereon. 


(45)  2  R.  L.  'J-28.  section  1,  2.  (46)  2  K.  J..  220,  secti 


iou  4. 


HAWKERS  AND  PEDDLERS.  «(V» 

peace  in  th«  town  or  county  in  which  he  shall  be  appre- 
hended. (47) 

§  9.  It  shall  be  the  duty  of  such  justice,  if  a  sufficient  li-  ^'S^Ja^i"* 
cense  to  authorize  such  trading  be  not  produced  to  him,  and 
the  fact  of  trading  be  proved  to  him,  either  by  the  confession 
of  the  person  so  apprehended,  or  the  oath  of  competent  wit- 
nessesj^'to  convict  the  offender  of  such  ofiences  against  this 
Title,  as  shall  be  so  confessed  or  proved  ;  and  to  issue  his 
warrant  on  each  conviction,  directed  to  some  constable  of 
the  county  in  w^hich  the  conviction  shall  be  had,  commanding 
such  constable  to  cause  the  sum  of  twenty-five  dollars,  with 
costs  not  to  exceed  live  dollars,  to  be  forthwith  levied  by  dis- 
tress and  sale,  at  public  vendue,  of  the  goods,  wares,  and  mer- 
chandise of  the  oflender.  The  monies  collected  on  such 
warrant,  exclusive  of  the  costs,  shall  be  paid  by  the  justice, 
to  the  overseers  of  the  poor  of  the  town  in  v/hich  the  offence 
shall  have  been  committed.  (47) 


J  10.  In  every  case  of  a  prosecution  against  any  person 
for  the  recovery  of  any  penalty  given  in  this  Title,  no  costs 
shall  be  allowed  to  the  defendant,  if  it  shall  appear  that,  before 
the  commencement  of  the  prosecution,  such  defendant  had 
refused  to  produce  his  license,  or  to  disclose  his  name  when 
lawfully  required;  nor  in  such  case  shall  the  defendant  be 
entitled  to  maintain  any  action,  against  the  person  prosecut- 
ing him,  or  the  constable,  or  other  persons  by  whom  he  may 
have  been  apprehended,  or  the  justice  issuing  any  warrant 
or  other  process  against  him,  or  before  whom  he  may  have 
been  tried,  for  any  of  tlieir  acts  in  so  prosecuting,  apprehend- 
ing, or  trying  him.  (48) 


Cost*. 


§  11.  No  suit  or  prosecution  for  the  recover}-^  of  any  pe-   Limir^tida  of 
nalty  imposed  in  this  Title,  shall  be  maintained,  unless  it 
shall  appear  to  be  brought  within  sixty  days  after  the  com- 
mission of  the  offence  charged.  (48) 


§  12.  Every  person  who  shall  be  sued  for  putting  in  execu-    Pieadm?  a:id 
'lion  this  Title,  or  doing  any  matter  or  thing  pursuant  to  its 
provisions,  may  plead  the  general  issue,  and  give  the  special 


■47)  S  R.  L-  830,  section  7,  «, 9 


<AP)  2R.  L.  WO.  section  fi&  8, 


3P 


306  HIDES  AND  SKINS-.INSPECTION  of. 

matter  in  evidence  ;  and  if  the  plaintiff  in  any  such  suit  shall 
not  prevail,  the  defendant  shall  be  entitled  to  recover  treble 
costs.  (48)*  ^ 


HIDES  AND  SKII^S— Inspection  of. 

1.  Inspector  of. 

2.  Must  be  a  leather  manufacturer. 

3.  To  lake  an  oath. 

•  4.  To  execute  a  bond. 

5.  When  to  inspect. 

6.  Manner  of  inspection. 

7.  Hides  and  skins  to  be  stamped. 

8.  Inspector  to  appoint  deputies. 

9.  His  fees. 
iO.  Notice. 

11.  Labels  upon  hides  and  skins. 

12.  Inspector  to  report. 

13.  Act  to  be  in  force  immediately  after  passage, 

14.  Regulation  as  to  butchers  in  New- York. 

AN  ACT  regulating  the  Inspection  of  Green  Hides  and  Skins 
in  the  City  of  New-York. 

Passed  Apiil  20,  1830.    Chap.  325,  p.  406. 

§  1.  The  person  administering  the  government  of  this 
state  shall  nominate,  and,  with  the  consent  of  the  senate,  ap- 
point a  suitable  and  proper  person  to  be  inspector  of  green 
hides  and  skins  in  the  city  of  New^- York. 


Inspector. 


(4S)  2  R  L.  230,  section  C  &  8. 

*  By  an  act  passed  shortly  after  the  or},'anization  of  our  j^overnment  the  4th  of  April,  1785, 
J.  &l\.  vol.  1,  p.  214,  Hawking  and  Peddling  were  prohibited  under  the  penalty  of  five  pounds, 
^xcept  it  be  the  produce  of  one  of  the  United  States.  The  law  was  modified  by  an  act  pass- 
ed April  9, 1804,  3  VV.  p.  636.  It  authorizes  the  issuing  licenses  to  hawkers  and  peddlers  on 
paying  the  following  duties  : — For  every  person  travelling  on  foot  the  sum  of  fifty  dollars  ; 
for  every  person  so  travelling  with  a  single  horse,  or  other  beast,  bearing  or  drawing  a  bur- 
den, the  sum  of  eighty  dollars ;  and  for  every  person  so  travelling  with  a  wagon,  cart,  sled, 
or  other  carriage,  drawn  by  more  than  one  horse  or  beast,  the  sum  of  one  hundred  dollars  ; 
and  for  every  person  conveying  goods,  wares,  and  merchandise  as  aforesaid,  in  any  boat  or 
boats  navigatiag  any  of  the  waters  within  the  bounds  of  the  state,  the  sum  of  eighty  dollars. 
This  act  is  incorporated  in  the  Revision  of  the  Laws  of  1813,  vol.  2,  p.  228,  and  contains  the 
substance  of  the  present  law  upon  this  subject. 

Hawking  and  peddling  were  prohibited  in  the  city  of  N.  York  as  early  as  17GG,  V.  S.  p.  488. 
By  an  act  passed  January  27, 1770,  V.  S.  vol.  2,  p.  557,  to  regulate  hawking  and  peddling,  it 
was  declared  that  from  and  after  the  25th  of  March  then  next,  there  shall  be  answered  and 
paid  to  his  majesty,  his  heirs  and  successors,  for  every  hawker,  peddler,  petty  chapmann,  or 
any  other  trading  person  or  persons,  going  from  town  to  town,  or  to  other  men's  houses,  and 
travelling  either  on  foot,  or  with  horse,  horses,  or  otherwise,  within  this  colony  of  New- 
York,  carrying  to  sell,  or  exposing  to  sale,  any  goods,  wares,  and  merchandise,  a  duty  of 
eight  pounds  for  every  person  travelling  on  foot,  per  annum ;  and  that  every  person  so  tra- 
velling with  horse  or  other  beast,  bearing  or  drawing  burden,  with  which  he  or  she  shall 
travel,  over  and  above  the  said  first  mentioned  duty  of  eight  pounds ;  and  for  every  wagon, 
cart,  sled,  or  other  carriage  by  land  or  water,  the  further  sum  of  five  pounds  per  annum,  over 
and  above  the  aforesaid  duty.  This  act  was  continued  by  successive  legislative  provisions 
until  the  breaking  out  of  the  revolutionary  war.  when  the  acti  before  referred  to  wero 
passed. 


HIDES  AND  SKINS— iNspEGTioN  of. 


307 


§  2.  The  person  to  be  appointed  shall  be  an  experienced   manufaSr 
manufacturer  of  leather,  residing  in  said  city. 


To  take  oath. 


To  execute  a 
bond. 


§  3.  Before  entering  on  the  duties  of  his  office,  the  inspec- 
tor shall  take  and  subscribe,  before  some  officer  authorized  to 
take  affidavits  to  be  read  in  courts  of  records,  the  oath  or 
affirmation  required  in  the  sixth  article  of  the  constitution 
of  this  state  ;  and  the  same  shall  forthwith  be  filed  in  the  of- 
fice of  the  clerk  of  the  city  and  county  of  New- York. 

§  4.  The  inspector  shall  also,  before  entering  upon  the  du- 
ties of  his  office,  with  one  sufficient  surety,  to  be  approved  by 
the  mayor  of  said  city,  execute  a  bond  to  the  people  of  this 
state,  in  the  penalty  of  five  thousand  dollars,  conditioned  to 
pay  all  such  damages  as  may  be  sustained  by  reason  of  any 
wilful  omission,  refusal,  or  neglect,  in  discharging  the  duties 
of  said  office ;  which  bond  shall  also  be  filed  with  the  said 
clerk,  and  may  be  prosecuted  by  any  person  injured  or  da- 
maged on  account  of  any  such  omission,  neglect  or  refusal. 


§  5.  It  shall  be  the  duty  of  the  said  inspector  to  inspect,  when  to  inspect. 
at  as  early  an  hour  in  each  day  of  the  week,  except  Sunday, 
as  may  be,  at  the  yards  or  buildings  of  the  purchasers,  all 
green  hides  and  calf-skins,  taken  from  beef  cattle  and 
calves,  slaughtered  in  the  city  of  New- York,  and  purchased 
therein. 


§  6.  In  such  inspection,  it  shall  be  the  duty  of  the  inspec- 
tor to  carefully  examine  each  side  of  every  hide,  and  each 
calf  skin,  and  ascertain  whether  the  same  is  injured  or  da- 
maged, by  reason  of  any  holes,  cuts,  slashes  or  wounds,  it 
may  have  received  in  the  process  of  skinning.  He  shall  pro- 
vide proper  stamps,  and  legibly  stamp  the  butt  of  each  side  of 
every  hide,  and  each  skin  inspected,  with  the  letter  of  figures, 
G.  1,  2,  or  3,  and  so  on,  as  the  judgment  of  the  inspector  shall 
dictate,  and  as  the  same  shall,  upon  such  inspection,  appear 
to  be  more  or  less  injured,  or  not  injured  at  all. 

§  7.  Those  sides  and  skins,  wdiich,  upon  inspection,  shall 
be  found  free  from  injury,  shall  be  stamped  "  G,"  and  be 
taken  for  good,  merchantable  and  prime  ;  those  injured  from 


And  howi 


Pfampi. 


^^^  HIDES  AND  SKINS— iNsPEe-rioN  op. 

the  cause  aforesaid,  five  cents,  shall  be  stamped  "  1 ;"  those 
injured  ten  cents,  "  2  ;"  those  injured  fifteen  cents,  "3;"  and 
so  on,  increasing  the  number  of  the  stamp  one  for  every  addi- 
tional five  cents  of  injury  which  the  side  or  skin  may  have 
sustained ;  which  sum  thus  indicated  by  the  number  of  the 
stamp,  shall  be  deducted  by  the  purchaser  from  the  value  of 
the  side  or  skin  so  stamped,  had  the  same  been  good,  prime, 
and  merchantable. 


D«paiie«. 


RU  feM. 


§  8.  The  inspector  shall  appoint  not  exceeding  three  depu- 
ties, one  of  vi^hom  shall  be  an  experienced  licensed  butcher, 
who  may  perform  all  the  duties,  and  shall  be  subject  to  all  the 
liabilities  created,  and  take  the  oath  prescribed  by  this  act. 

§  9.  The  said  inspector  shall  receive  for  inspecting  each 
hide,  three  cents  ;  and  for  each  calf  skin,  one  cent,  and  no 
more  ;  to  be  paid  by  the  purchasers  of  hides  and  skins. 


Notiee.  §  10.  It  shall  be  the  duty  of  all  purchasers  of  hides  and 
calf  skins  subject  to  inspection  by  this  act,  to  notify  the  in- 
spector of  the  place  at  which  such  hides  and  skins  will  be 
collected  by  him  from  the  butchers,  and  where  he  must  at- 
tend to  inspect  the  same. 

UhoiB.  5  11.  Each  ptirchascr  of  hides  and  skins  subject  to  inspec- 
tion, shall  provide  himself  with  a  sufficient  number  of  labels 
containing  the  name  of  the  butcher  of  whom  he  may  purchase, 
which  shall  be  firmly  fastened  to  each  hide  and  skin  at  the 
lime  it  is  received  from  the  butcher,  and  remain  so  fastened 
until  the  same  is  inspected,  and  an  account  o{  the  inspection 
thereof  taken ;  and  if  any  person  shall  wilfully  remove,  ob- 
literate, or  destroy  any  such  label  so  attached  as  aforesaid, 
with  intent  to  defraud  the  seller,  any  butcher  or  other  person, 
he  shall,  on  conviction,  be  deemed  guilty  of  a  misdemeanor, 
and  punished  by  fine  or  imprisonment,  or  both,  at  the  discre- 
tion of  the  court  before  whom  tlie  conviction  was  had. 


Inspector  t©  r»- 
port. 


§  12.  It  shall  be  the  duty  of  the  inspector  created  by  this 
act,  to  make  and  subscribe  a  report  to  the  legislature,  on  the 
first  day  of  January  of  each  year ;  which  report  shall  set 
forth  the  number  of  hides  and  skins  inspected  by  him  for  the 
y«ar  preceding,  the  amount  paid  to  deputies  and  assistnnts. 


HUDSON  RIVER.  30i 

find  the  amount  of  fees  by  him  received  for  inspection ;  which 
report  shall  be  verified  by  the  oath  or  affirmation  of  such 
inspector. 

§  13.  This  act  shall  be  in  forcf  immediately  after  the  pas- 
sage thereof. 

AN  ACT  regulating  the  inspection  of  Green  Hides  and  SJnns 
in  cei^ain  places, 

Pua«ed  April,  22,  1831. 

14.  §  5.  If  any  butcher  or  other  person  shall  sell  or  otherwise  Regulation  m  t* 

■"  *'  ^  butchers  m  New- 

dispose  of  any  hide  or  skin,  liable  to  inspection  under  the  act  YorjL. 
regulating  the  inspection  of  green  hides  and  skins  in  the  city 
of  New-York,  passed  April  20th,  1830,  with  intent  to  evade 
or  prevent  the  inspection  thereof;  or  if  any  person  shall  pur- 
chase in  the  city  of  New- York  any  hide  or  skin  liable  to  in- 
spection, and  which  shall  not  have  been  inspected,  and  shall 
not  within  forty-eight  hours  after  such  j)urchase  cause  the 
same  to  be  inspected  and  stamped  according  to  law^ ;  eveiy 
person  offending  against  either  of  the  provisions  aforesaid, 
shall  forfeit  double  the  value  of  each  hide  or  skin  so  sold,  dis- 
posed of  or  purchased,  to  be  sued  for  and  recovered,  with 
costs  of  suit,  in  any  court  having  cognizance  thereof,  in  the 
name  and  for  the  use  of  the  person  prosecuting  therefor. 

§  G.  This  act  shall  take  effect  immediately  after  the  pas- 
sage thereof. 


OBSTRUCTING  ^-AVIGATIO^  OF,  AT,  AND  ril03I  NEW-YORK. 

Revised  St/it2itcs,  Vol  I,/).  C86. 

K  TroJiihition  as-aim:!  obstrnctions  in  channol  of  Hiulsnn  river. 

2.  Obstructions  at  and  below  New-York,  and  penalt)'  for  violation. 

2.  Q,uaMflcation  of  bust  section. 

4.  Provisions  against  obstructions  out  of  the  channel  of  Iludvon  river. 

1.  §  1.5.  No  person  shall  make  use  of  any  set-nets,  weirs,      riohihiiion 
hoop-nets,  or  fikes  in  the   channel  of  Hudson  river,  at  any  tionrin  channel 
place  between  the  city  of  Ncvr-York  and  the  state  dam  at  ^ 
Fort-Edward ;  nor  shall  any  person  set,  drive  or  place,  or 
cau^e  to  be   set,  driven  or  placed,  any  hedge,  stake,  stone, 
post,  po]p.  anchor,  or  any  other  fixture,  for  any  purpose  what- 


310  HUDSON  RIVER. 

ever,  in  the  said  channel,  at  any  place  within  the  points  above 
specified.  (23) 

obstruetionB  at      2.  5  16.  No  Dcrson  shall  set  or  place,  or  cause  to  be  set 

and  below  New-  i  r  ' 

York.  or  placed,  during  the  months  of  March,  April,  or  May,  in  any 

year,  in  any  of  the  waters  of  this  state  at  or  below  the  city 
of  New-York,  any  fike-net,  gill-net,  hoop-net,  set-net,  or  any 
other  net  or  weir,  by  means  of  any  hedge,  stake,  stone,  post, 
pole,  anchor,  or  any  other  fixture,  to  extend  into  the  channel  of 
said  waters,  or  to  any  greater  distance  from  the  shore,  in 
any  case,  than  twenty  rods  from  the  ordinary  low  water 

Penalty  for  vio-  mark.     Whocvcr  shall  violate  the  provisions  of  this  or  of  the 

lationsoftlnsand  -r 

last  section.  preceding  section,  shall,  for  every  offence,  forfeit  the  sum  of 
one  hundred  and  fifty  dollars,  for  the  use  of  the  poor  of  the 
county  in  which  such  offence  shall  be  committed,  to  be  sued 
for  in  the  name  of  the  people,  by  the  district  attorney  of  any 
county  bordering  on  the  waters  on  which  the  offence  shall 
have  been  committed,  to  whom  notice  shall  first  be  given  of 
the  commission  of  such  offence.  (24) 

Last  section  qua-      3.  §  17.  The  last  preceding  section  shall  not  be  construed 

iifi«d.  ^Q  affect  any  special  regulation  heretofore  made  by  law,  and 

now  in  force,  concerning  the  placing  the  nets  or  obstructions 

in  the  waters  adjacent  to  Staten-Island,  and  to  the  town  of 

New-Utrecht.  (25) 

Provisions  4.  §  18.  No  pcrsou  sliall  make  use  of  any  fike-net,  gill-net, 

against    obstruc-  *  ,♦  ,  ^    . 

tioiiBoutofchan-  hoop-nct,  sct-uct,  or  any  otner  net  or  weir,  nor  set,  drive,  or 

nnl    of     Hudson  ^  "^  . 

"vor.     ■  place  any  hedge,  stake,  stone,  post,  pole,  anchor,  or  any  other 

fixture,  in  any  part  of  Hudson  river,  out  of  the  channel  there- 
'  of,  between  the  city  of  New- York  and  the  state  dam  at  Fort 
Edward,  other  than  such  as  are  permitted  to  be  used  or 
placed  for  the  purpose  of  catching  fish,  in  the  next  title  of 
this  chapter.  Whoever  shall  violate  either  of  the  provisions 
of  this  section,  shall,  for  every  offence,  forfeit  the  sum  of 
twenty-five  dollars,  for  the  use  of  the  poor  of  the  city  or  town 
in  which  such  offence  shall  be  committed  ;  and  shall  be  liable 
to  indictment  for  a  misdemeanor,  punishable  on  conviction, 
by  a  fine  not  exceeding  five  dollars,  or  by  imprisonment  in  a 
county  jail  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment. (26) 

(23)  Laws  of  1815,  p.  148,  ^  1 , 2.  (24)  lb.  §  5,  6 ;  Laws  of  1816,  p.  188,  ^  1 ;  1820 ,  p.  27  * 

(M)  Bams  rcferenc?,  and  Laws  ofl332,  p.  107.     (26)  t.aws  of  1815,  p.  148 ;  182S,  p.  309,  $  1 . 


IMPRISONMENT  FOR  DEBT.  311 


IMPRISOr^MBxVT  FOR  DEBT. 

ACT    ABOLISHING    OF. 

1.  Imprisonment  for  debt  abolished. 

2.  ExceptioHB. 

3.  Plaintiff  may  apply  for  warrant  to  arrest  defendant. 

4.  Evidence  to  be  adduced  to  the  officer  in  support  of  the  appllcadon. 

5.  Warrant  may  be  issued. 

6.  How  executed. 

7.  Persons  arrested  may  controvert  the  facts  on  which  warrant  waa  Iwued. 
e.  Power  of  the  officer  conducting  the  inquiry. 

9.  In  what  cases  defendant  may  be  committed  to  jail. 

10.  In  what  cases  commitment  shall  «ot  be  granted. 

11.  Defendant  committed  to  remain  in  custody  as  prisoners  on  criminal  procs 

12.  Persons  committed  may  petition  for  assignment  of  their  properly. 

13.  To  deliver  li.st  of  creditors  and  inventory  of  estate. 

14.  To  serve  notice  on  plaintiffs. 

15.  Any  creditor  may  oppose  such  application. 

16.  Officers  may  adjourn  hearing  for  thirty  days. 

17.  Assignees  may  be  appointed. 

18.  Their  rights  and  powers. 

19.  General  provisions. 

20.  Proceedings  in  cases  of  persons  Imprisoned  when  this  act  takea  eflfect. 

21.  Imprisoned  persons  may  proceed  as  in  sections  12  and  13, 

22.  Fees. 

23.  Bond  not  to  apply  to  properly  exempted  by  statute. 

24.  Amount  of  recovery  when  bond  is  forfeited. 
SJ5.  Not  to  apply  to  debts  of  $50,  or  under. 

26.  Punishment  for  removing  or  secreting  property. 

27.  Proceedings  in  cases  of  conviction  for  misdemeanor. 

28.  In  case  of  perjury  by  witnesses. 

29.  In  case  of  a  bill  in  equity. 

20.  Executions  in  what  form  to  be  issued. 

31.  Warrant  in  what  case  to  issue. 

32.  In  case  of  non-resident  plaintiffs. 

33.  In  case  of  non-resident  defendants. 

34.  Suits  by  attachment  before  justices. 

35.  In  what  cases  to  be  summoned. 

36.  Attachments  how  to  be  served. 

37.  Proceedings  when  personally  served. 

38.  When  not  personally  served. 

39.  Judgment  to  be  presumptive  evidence  of  indebtedness. 

40.  Condition  of  bond  when  execution  cannot  issue  against  body. 

41.  Repeal  of  three  sections  of  Revised  Statutes. 

42.  Cost  allowed  on  two  summonses  only. 

43.  Certain  provisions  of  Revised  Statutes  to  apply  to  this  act. 
4i.  Persons  imprisoned  when  act  takes  effect,  to  be  discharged. 

45.  How  entitled  to  discharge. 

46.  May  bring  writ  of  habeas  corpus. 

47.  Marine  Court  of  x\cw  York  and  Assistant  Justices'  Court,  tc 
4^.  Act  to  take  effect  March  1, 1832. 


«18  IMPRISONMENT  FOR  DEBT, 

AN  ACT  to  Abolish  Imprisonment  foj-  Dehtt-and  to  Punish 
Fraudulent  Debtor s."^ 

Passed  Apr.I  26,  1831. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly  f  do  enact  as  follows  : — 
d?btTboiS"d!^'  §  !•  That  no  person  shall  be  arrested  or  imprisoned  on 
any  civil  process  issuing  out  of  any  court  of  law,  or  on  any 
execution  issuing  out  of  any  court  of  equity,  in  any  suit  or 
proceeding  instituted  for  the  recovery  of  any  money  due 
upon  any  judgment  or  decree,  founded  upon  contract,  or  due 
upon  any  contract,  express  or  implied,  or  for  the  recovery  of 
any  damages  for  the  non-performance  of  any  contract. 

«Meption».  §  2.  The  preceding  section  shall  not  extend  to  any  person 
who  shall  not  have  been  a  resident  of  this  state,  for  at  least 
one  month  previous  to  the  commencement  of  a  suit  against 
him ;  nor  to  proceedings  as  for  contempts  to  enforce  civil 
remedies ;  nor  to  actions  for  fines  or  penalties,  or  on  pro- 
mises to  marry,  or  for  moneys  collected  by  any  public  offi- 
cer, or  for  any  misconduct  or  neglect  in  office,  or  in  any  pro- 
fessional employment. 

Plaintiff mny  np-      ^  3.  Iq  all  cascs,  whcrc,  bv  the  preccdino^  provisions  of 

ply  for  a  warrant         ^  '  '       ./  1  o     1 

to  arrest  defend-  this  act,  a  defendant  cannot  be  arrested  or  imprisoned,  it 
shall  be  lawful  for  the  plaintiff  who  shall  have  commenced  a 
suit  against  such  defendant,  or  shall  have  obtained  a  judg- 
ment or  decree  against  him,  in  any  court  of  record,  to  apply 
to  any  judge  of  the  court  in  which  such  suit  is  brought,  or  to 
any  officer  authorized  to  perform  the  duties  of  such  judge, 
for  a  warrant  to  arrest  the  defendant  in  such  suit. 

Evidence  to  be  §  4.  No  such  Warrant  shall  issue,  unless  satisfactory  evi- 
officer  in  fupport  dcncc  bc  adduccd  to  such  officer,  by  the  affidavit  of  the  plain- 
o  app  ication.  ^.^.  ^^  ^^  gQ^ie  Other  person  or  persons,  that  there  is  a  debt 
or  demand  due  to  the  plaintiff,  from  the  defendant,  amounting 
to  more  than  fifty  dollars,  and  specifying  the  nature  and 
amount  thereof,  as  near  as  may  be,  for  which  the  defendant, 
according  to  the  provisions  of  this  act,  cannot  be  arrested  or 
imprisoned ;  and  establishing  one  or  more  of  the  following 
particulars : 

*  This  act  has  no  particular  or  local,  but  a  general  operation  throughout  the  etate.    It  was 
rhought  (as  a  referfiiceto  it  must  necessarily  be  Irequent^  advisable  to  irirrt  it  her?. 


IMPRISONMENT  FOR  DEBT.  313 

1.  That  the  delendant  is  about  to  remove  any  of  his  pro- 
perty out  of  the  jurisdiction  of  the  court  in  which  such  suit  is 
brought,  with  intent  to  defraud  his  creditors  ;  or, 

2.  That  the  defendant  has  property  or  rights  in  action, 
which  he  fraudulently  conceals,  or  that  he  has  rights  in  action, 
or  some  interest  in  any  public  or  corporate  stock,  money  or 
evidences'  of  debt  which  he  unjustly  refuses  to  apply  to  the 
payment  of  any  judgment  or  decree  which  shall  have  been 
rendered  against  him,  belonging  to  the  complainant,  or, 

3.  That  he  has  assigned,  removed,  or  disposed  of,  or  is 
about  to  dispose  of,  any  of  his  property,  with  the  intent  to  de- 
fraud his  creditors:  oi', 

4.  That  tlie  defendant  fraudulently  contracted  the  debt  or 
incurred  the  obligation,  respecting  v/hich  such  suit  is  brought. 

§5.  Upon  such  proof  being  made  to  the  satisfaction  of  5^^^^^^*"^^*^'" 
the  officer  to  whom  the  application  shall  be  addressed,  he 
shall  issue  a  warrant  in  behalf  of  the  people  of  this  state^ 
either  with  or  without  seal,  directed  to  any  sheriff,  consta- 
ble or  marshal,  within  the  county  where  such  officer  shall  re- 
side, therein  briefly  setting  forth  the  complaint,  and  com- 
manding the  officer  to  whom  the  same  shall  bq, directed  to 
arrest  the  person  named  in  such  warrant,  and  bring  him  be- 
fore such  officer  v/ithout  delay ;  which  warrant  shall  be 
accompanied  by  a  copy  of  all  affidavits  presented  to  such 
officer,  upon  which  the  warrant  issued,  which  shall  be  certi- 
fied by  such  officer,  and  shall  be  delivered  to  the  defendant, 
at  the  time  of  serving  the  warrant  by  the  officer  serving  the 
same. 

§  G.  The  officer  to  whom  such  warrant  shall  be  delivered    How  executed, 
shall  execute  the  same,  by  arresting  the  person  named  there- 
in, and   bringing  him  before  the  officer  issuing  such  war- 
rant, and  shall  keep  him  in  custody  until   he  shall  be  duly 
discharged,  and  committed  as  hereinafter  provided. 

§  7.  On  the  appearance  of  the  person  so  arrested,  before  ma^^'ronuovm 
the  officer  issuing  such  warrant,  he  may  controvert  any. gf[J2km issued'' 
the  facts  and  circumstances  on  which  such  warrant  issued,' 
and  may,  at  his  optiouf  verify  his  allegations  by  his  own  af- 
fidavit ;  and  in  case  of  his  vcriiying  the  same,    the  com- 
plainant may  examine  such  defend) '-^  - -^    nth,  touching  any 

40 


314  IMPRISONMENT  FOR  DEBT. 

fact  or  circumstance  material  to  the  inquiry  ;  and  the  an- 
swers of  the  defendant  on  suqh  examination  shall  be  reduced 
to  writing  and  subscribed  by  him :  and  the  officer  conduct- 
ing such  inquiry  shall  also  receiye  such  other  proof  as  the 
parties  may  ofier,  either  at  the  time  of  such  first  appearance, 
or  at  such  other  time  as  such  hearing  shall  be  adjourned  to  ; 
and  in  case  of  an  adjournment,  such  officer  may  take  a  re- 
cognizance, with  or  without  surety,  at  his  discretion,  from 
the  defendant,  for  his  appearance  at  the  adjourned  hearing. 


Power  of  officer 
conducting  tlie 


§  8.  The  officer  conducting  such  inquiry  shall  have  the 
iuquiry.  same  authority  to  issue  subpoenas  for  witnesses,  which  is 

now  conferred  by  law  on  any  officer  empowered  to  hear  ap- 
plications of  insolvents,  for  the  purpose  of  exonerating  their 
persons  from  imprisonment,  and  shall  have  the  same  power 
to  enforce  obedience  to  such  subpoenas,  and  to  punish  wit- 
nesses refusing  to  testify  :  and  witnesses  wilfully  disobeying 
any  such  subpoena  shairbe  liable  to  the  penalties  pre- 
scribed in  the  seventh  article  of  title  first  and  chapter  fifth 
"    of  the  second  part  of  tho  Revised  Statutes. 

fnwhatcass^dn-      §  9.  If  such  officcr  is  satisfied  that  the  allegations  of  the 

fendant  iaay  be',.  ,  .,  ,,  iipii 

committed.  complauiant  are  substantiated,  and  that  the  deiendant  has 
^  done,  or  is  about  to  do,  any  one  of  the  acts  specified  in  the 
fourth  section  of  this  act,  he  shall,  by  a  commitment  under 
his  hand,  direct  that  such  defendant  be  committed  to  the  jail 
of  the  county  in  which  such  Itearing  shall  be  had,  to  be  there 
detained  until  he  shall  be  discharged  according  to  law  ;  and 
such  defendant  shall  be  committed  and  detained  accord- 
ingly- 

In  what  cases  not      §  10.  Sucli  Commitment  shall  not  be  granted  if  the  defend- 
to  be  committed.  1    n    •  1 

ant  shall  either, 

1.  Pay  the  debt  or  demand  claimed,  with  the  costs  of  the 
suit,  and  of  the  proceeding  ag!iinst  him:  or, 

2.  Give  security,  to  the  satisfaction  of  the  officer  before 
whom  the  hearing  shall  be  had,  that  the  debt  or  demand  of 
the  plaintiff,  with  the  costs  of  jthe  suit  and  proceedings  afore- 
said, shall  be  paid  within  sixty  days,  with  interest :  or, 

3.  Make  and  deliver  to  such  officer  an  inventory  of  his  es- 
tate, and  an  account  of  his  creditors,  and  execute  an  assign- 
ment of  his  property,  as  hereinafter  provided,  on  which  the 


IMPRISONMENT  FOR  DEBT.  315 

same  proceedings  shall  be  had  as  upon  a  petition  of  such  de- 
fendant, in  the  manner  hereinafter  directed,  except  that  no 
notice  to  the  plaintiff  shall  be  requisite  ;  and  no  adjournment 
shall  be  granted  for  more  than  three  days,  except  at  the  in- 
stance of  the  defendant ;  and  a  discharge  shall  be  granted 
in  like  case,  and  with  the  same  effect :  or, 

4.  Enter  into  a  bond  to  the  com.plainant,  in  a  penalty  not 
less  than  twice  the  amount  of  the  debt  or  demand  claimed', 
with  such  sureties  as  shall  be  approved  by  such  officer,  con- 
ditioned that  such  defendant  will,  within  thirty  days,  apply 
for  an  assignment  of  all  his  property,  and  for  a  discharge,  as 
provided  in  the  subsequent  sections  of  this  act,  and  diligently 
prosecute  the  same  until  he  obtains  such  discharge  :  or, 

5.  If  such  defendant  shall  give  a  bond  to  such  plaintiff,  in 
the  penalty  and  with  the  sureties  above  described,  condi- 
tioned that  he  will  not  remove  any  property  which  he  then 
has,  out  of  the  jurisdiction  of  the  court  in  which  such  suit  is 
brought,  with  the  intent  to  defraud  any  of  his  creditors  ;  and 
that  he  will  not  assign  or  dispose  of  any  such  property  with 
6uch  intent,  or  with  a  view  to  give  a  preference  to  any  cre- 
ditor for  any  debt,  antecedent  to  such  assignment  or  disposi- 
tion, until  the  demand  of  the  plaintiff,  with  costs,  shall  be  sa- 
tisfied, or  until  the  expiration  of  three  months  after  a  final 
judgment  shall  bo  rendered  in  the  suit  brought  for  the  reco- 
very of  such  demand, 

§  11.  Any  defendant  committed  as  above  provided,  shall  to  remain  in  cu«- 
remain  in  custody  in  the  same  manner  as  other  prisoners  on 
criminal  process,  until  a  final  judgment  shall  have  been  ren- 
dered in  his  favour,  in  the  suit  prosecuted  by  the  creditor  at 
whose  instance  such  defendtmt  shall  have  been  committed,  or 
until  he  shall  have  assigned  his  property  and  obtained  his 
discharge,  as  provided  in  the  subsequent  sections  of  this  act; 
but  such  defendant  may  be  discharged  by  the  'officer  commit- 
ting him,  or  any  other  person  authorized  to  discharge  the  dil- 
ties  of  such  officer,  on  such  defendant  paying  the  debt  or  de- 
mand claimed,  or  giving  security  for  the  paym-ent  thereof,  as 
provided  in  the  tenth  section  of  this  act,  or  on  his  executing 
either  of  the  bonds  mentioned  in  the  said  section. 

§  12.  Any  person  committed  as  above  provided,  or  who    ^f'""  commit 

^  •'A  JL  '  led  ma}'  petition 

shall  have  given  the  bond  specified  in  the  fourth  subdivision  tor  a^si^iimentof 

"  ••  his  property. 


31 G  IMPRISONMENT  FOR  DEBT. 

of  the  tenth  section  of  this  act,  or  against  v.hom  any  suit 
shall  have  been  commencec^  in  a  court  of  record,  in  which 
such  person,  by  the  provisions  of  this  act,  cannot  be  arrested 
or  imprisoned,  may  present  a  petition  to  a  justice  of  the  su- 
preme court,  a  circuit  judge,  any  judge  of  a  county  court,  or 
any  supreme  court  commissioner  in  the  county  in  which  such 
defendant  resides  or  is  imprisoned,  praying  that  his  property 
may  be  assigned,  and  that  he  may  have  the  benefit  of  the 
provisions  of  this  act. 

To(i«>iirrriistof     §  13.  On  presenting  such  petition,  such  defendant  shall  de- 

rreditors  and  in-,.  x       r   i  •  i-.  i  •  x  r  \  • 

vouioryofcstatc.  iiver  an  account  oi  nis  creditors,  and  an  inventory  ol  ins 
estate,  similar  in  all  respects  to  the  account  and  inventory 
required  of  a  debtor,  by  the  sixth  article  of  title  first  and 
chapter  five  of  the  second  part  of  the  Revised  Statutes  ;  and 
shall  annex  to  the  said  petition,  account  and  inventory,  an 
affidavit^  which  shall  be  taken  and  subscribed  by  him,  before 
the  officer  to  whom  such  petition  is  presented,  similar  in  all 
respects  to  the  oath  required  by  the  fifth  section  of  the  sixth 
article  of  the  aforesaid  title  and  chapter. 

To  pnv.^  notice     §  14.  Fourtccn  days'  previous  notice  of  the  time  and  place, 
on  p  am  ^^  whichj  and  of  the  officer  to  whom  such  petition  will  be 

presented,  together  with  a  copy  of  such  petition,  and  the  ac- 
count and  inventory  thereto  annexed,  shall  be  served  person- 
ally on  the  plaintifis  by  whom  such  defendant  shall  be  prose- 
cuted, their  personal  representatives  or  their  attorney ;  and 
proof  of  such  service  shall  be  made  at  the  time  of  presenting 
such  petition. 

Anyrroditormay  §  15.  Ally  croditor  of  such  petitioner  may  oppose  such  ap- 
piicatron."*^^'  ^^'  plication,  and  may  examine  the  petitioner,  his  wife  or  any 
other  witness,  in  the  manner  prescribed  in  the  third  article 
of  the  aforesaid  first  title  and  fifth  chapter,  and  shall  be  enti- 
tled to  the  like  process  to  compel  their  attendance  and  testi- 
mony ;  and  such  witnesses  shall,  in  all  respects,  be  subject 
to  the  provisions  of  the  seventh  article  of  the  said  title,  for 
their  neglect  to  obey  subpoenas,  or  to  testify. 

omrrr  )n:\y  ad-      §  16.  Udou  sufficiciit  causc  showu  bv  the  petitioner,  or  by 

journ  hearing  lor  -  *  ^  ,*'...  ,,'  , 

thirty  days.        any  Creditor,  the  oihcer  to  wiiom  such  petition  is  addressca, 
may  adjourn  the  hearing  thereof,  not  exceeding  thirty  days ; 


IMPRISONMENT  FOR  DEBT.  317 

and  if,  at  any  hearing  of  such  petition,  the  opposing  creditor 
shall  fail  to  satisfy  such  officer  that  the  proceedings  on  the 
part  of  the  petitioner  are  not  just  and  fair,  or  that  he  has  con- 
cealed, removed  or  disposed  of,  any  of  his  property,  with  in- 
tent to  defraud  his  creditors  ;  such  officer  shall  order  an  as- 
signment of  all  the  property  of  such  petitioner,  in  the  same 
manner  as  provided  in  the  fifth  article  of  the  first  title  of  the 
fifth  chapter  of  the  second  part  of  the  Revised  Statutes,  ex- 
cept such  as  is  therein  exempt ;  which  assignment  shall  be 
executed  v/ith  the  like  effect  as  declared  in  the  said  article, 
and  shall  be  recorded  in  the  same  manner. 

§  17.  Such  officer  shall  appoint  one  or  more  assignees,  to  ^^^^^^^^J^'^^^ 
whom  such  petitioner  shall  assign  all  his  estate ;  and  upon 
producing  to  such  officer  evidence  that  such  assignment  has 
been  recorded,  and  a  certificate  of  the  assignees,  that  all  the 
property  of  such  petitioner,  specified  in  his  inventory,  has 
been  delivered  to  them,  or  that  ho  has  given  satisfactory  se_ 
curity  for_the  future  delivery  of  the  same,  such  officer  shall 
grant  to  the  petitioner  a  discharge,  which  shall  exonerate 
him  from  being  proceeded  against  by  any  creditor  entitled  to 
a  dividend  of  the  estate  of  such  petitioner,  as  hereinafter  pro- 
vided, under  the  third,  fourth,  fifth,  sixth,  seventh,  eighth  and 
ninth  sections  of  this  act,  for  any  fraud  committed  or  intend- 
ed before  such  discharge. 

§  18.  The  assia^nces  to  w^hom  such  assia^nment  shall  be  Tiicir  rights  and 

*  ^  ^  powers. 

made,  shall  be  vested  with  all  the  rights  and  powers  over  the 
property  so  assigned,  which  are  specified  in  the  eighth  article 
of  the  first  title  of  chapter  five  of  the  second  part  of  the  Re- 
vised Statutes,  and  shall  be  subject  to  the  same  duties,  obli- 
gations and  control,  in  all  respects,  and  shall  make  dividends  ; 
and  vacancies  in  their  number,  shall  be  supplied  as  therein 
directed. 

§  19.  The  general  provisions  applicable  to  proceedings  General  provi- 
under  the  several  articles  of  the  said  first /itle,  and  which 
are  contained  in  the  seventh  article  of  the  said  title,  shall  be 
deemed  to  apply  to  the  proceedings  herein  directed,  so  far 
as  the  same  are  nt)t  inconsistent  vvith  the  provisions  of  this 
act ;  and  the  officers  and  assignees  performing  any  duties 
under  this  act,  shall  be  entitled  for  their  services,  to  the  same 


318  IMPRISONMENT  FOR  DEBT. 

fees  and  compensation  as  are  provided  by  law,  for  similar 
services  under  the  fifth  article  of  the  aforesaid  title  of  chap- 
ter five,  and  as  are  provided  by  law  for  services  in  criminal 
cases. 

ca^erof*^persons  5  20.  Evcry  porson  imprisoned  on  civil  process,  at  the 
tSracrSkrs^^f"  ^"^^^  ^^  ^^^^^  ^^^  taking  effect  as  a  law,  in  any  case  where,  by 
^^^^-  the  preceding  provisions  of  this  act,  such  person  could  not 

be  arrested  or  imprisoned,  shall  be  entitled  to  be  discharged 
at  the  expiration  of  three  months  after  this  act  shall  take  ef- 
fect as  a  law,  unless  the  creditor  at  whose  suit  such  person 
shall  be  imprisoned,  shall  within  the  time  aforesaid,  make 
application  and  complaint  to  some  jud^e  of  the  court  in 
which  such  suit  was  brought,  or  to  some  officer  authorized 
to  perform  the  duties  of  such  judge,  as  specified  in  the  third 
and  fourth  sections  of  tkis  act,  o.nd  upon  such  application  being 
made,  if  a  warrant  is  not  issued  as  hereinafter  provided,  such 
imprisoned  person  shall  be  entitled  to  be  discharged  from  im- 
prisonment ;  and  if  such  warrant  be  granted,  the  same  pro- 
ceedings shall  be  had  thereon,  as  herein  before  provided ; 
and  the  removal  of  the  defendant  from  any  jail  in  which  he 
may  be  imprisoned  by  any  warrant  in  sUch  proceedings, 
shall  not  bo  deemed  an  escape. 

'HowimprisoTifd  §21.  Evcry  person  imprisoned,  as.  in  the  last  preceding 
persons maj  pro  g^^^'^j^  spccificd,  may  givc  a  notice  to  the  creditors  at  whose 
suit  he  is  imprisoned,  and  present  a  petition  and  inventory, 
as  specified  in  the  twelfth  ^nd  thirteenth  sections  of  this  act ; 
and  the  same  proceedings  shall  be  had  thereon  as  herein  be- 
fore provided,  and  a  discharge  granted  on  such  petition  as 
therein  directed,  shall  entitle  such  petitioner  to  be  discharg- 
ed from  his  imprisoimient. 

Fees.  §  22.' Whenever  any  complaint  shall  be  made  under  the 

third,  fourth  and  fifth  sections  of  this  act,  and  the  same  shall 
be  dismissed,  the  party  making  the  same  shall  be  liable  for 
all  fees  to  officers,  and  for  all  costs  and  expenses  which  the 
defendant  shall  have  incurred. 

Bond  to  what  to      §  23.  Whenever  in  this  act,  the  removal,  concealment  or 

*'''*'^'  disposal  of  any  property  is  declared  to  be  the  ground  of  any 

complaint  or  proceeding,  and  where  any  bond  is  required  in 


IMPRISONMENT  FOR  DEBT.  -  319 

reference  to  such  concealment,  removal  or  disposal,  the  same 
shall  not  be  deemed  to  apply,  to  any  property  which  shall  be 
expressly  exempted  by  statute  from  levy  and  sale  under  exe- 
cution. 

§  24.  Whenever  a  bond,  g;ven  under  the  tenth  section  of  4r°w"hen'^bo?d 
this  act,  shall  become  forfeited  by  the  non-performance  of  the  is  forfeited, 
condition  thereof,  the  plaintiff  shall  be  entitled  to  recover 
thereon  the  amount  due  to  him,  on  the  judgment  obtained  in 
the  original  suit  instituted  against  the  defendant  giving  such 
bond. 

§  25.  The  foregoing  provisions  of  this  act  shall  not  extend   xot  to  apply  to 
to  suits  or  proceedings  before  justices'  courts,  for  the  recov-    ^   .° 
ery  of  any  debt  or  demand  of  fifty  dollars  or  less. 


§  26.  Any  person  who  shall  remove  any  of  his  property  punishment  of 
out  of  any  county,  with  intent  to  prevent  the  same  from  be-  [^^"'^^'"e  proper- 
ing  levied  upon  by  any  execution,  or  who  shall  secrete,  as- 
sign, convey,  or  otherwise  dispose  of  any  of  his  property, 
with  intent  to  defraud  any  creditor,  or  to  prevent  such  pro- 
perty being  made  liable  for  the  payment  ef  his  debts,  and  any 
person  who  shall  receive  such  property  with  such  intent, 
shall,  on  conviction,  be  deemed  guilty  of  a  misdemeanor; 
and  where  the  property  so  removed,  secreted,  concealed,  as- 
signed, conveyed,  received  or  otherwise  disposed  of,  shall  be 
worth  fifty  dollarg  or  less,  such  oflence  may  be  tried  by  a 
court  of  special  sessions  of  the  peace  in  the  manner  directed 
in  the  third  title  of  chapter  second  of  the  fourth  part  of  the 
Revised  Statutes,  and  in  such  case,  the  punishment  for  such 
offence  shall  be  limited  as  prescribe^  in  the  said  title. 

§  27.  Whenever  any  person  shall  have  been  convicted  proceedings  in 
of  a  misdemeanor  under  the  last  preceding  section  of  this  JJqI.  °^  '^°°^''*^* 
act,  the  same  proceedings  may  be  had  for  the  appointment  of 
trustees  to  take  charge  of  the  estate  of  such  person  as  are 
authorized  by  the  second  article  of  the  first  title  of  chapter 
five  of  the  second  part  of  the  Revised  Statutes  ;  and  the  trus- 
tees so  appointed  shall  possess  all  the  powers,  rights  and  au- 
thority, be  entitled  to  the  same  compensation  and  be  subject 
to  the  same  duties,  obligations  and  control,  in  all  respects,  as 
trustees  appointed  under  the  said  second  article  ;  and  in  ad- 


320  IMPRISONMENT  FOR  DEBT. 

dition  thereto,  if  such  trustees  suspect  that  the  person  so 
convicted  has  concealed  about  his  person  or  otherwise 
money  or  evidences  of  debt,  upon  making  oath  of  the  same 
before  any  judge  of  the  county  court,  and  on  such  judge  be- 
ing satisfied  that  such  suspicions  are  well  founded,  he  may 
issue  a  warrant  authorizing  and  commanding  any  sheriff  or 
constable  to  search  the  person  of  such  defendant,  and  any 
place  occupied  by  him,  or  any  trunk  or  other''article  owned 
,  or  possessed  hy  him,  for  money  or  evidences,  and  to  deliver 
what  shall  be  so  discovered  to  such  trustees. 

In  case  of  peiju-      §  28.  When  it  shall  appear  to  any  officer  authorized  to  en- 

ry  ot  witiiessco'.  "^  i  i  j 

tertain  any  proceedings  under  this  act,  that  any  misdemea- 
nor or  perjury  has  been  committed  by  any  party  or  witness, 
it  shall  be  his  duty  to  take  the  measures  prescribed  by  law  to 
cause  the  offender  to  appear  at  the  proper  court  having  ju- 
risdiction of  the  offence,  to  answer  for  the  same. 

ejuitj!*^^^'''"^"  §  29.  No  person  shall  be  excused  from  answering  any  bill 
in  equity  seeking  a  discovery  in  relation  to  any  fraud  prohi- 
bited by  this  act,  or  from  answering  as  a  witness  in  relation 
to  any  such  fraud ;  but  no  such  answer  shall  be  used  in  evi- 
dence in  any  other  suit  or  prosecution. 

wimT'ibnu^to  be      §  30.  No  cxccutions  issued  on  any  judgment  rendered  by 
issued.  ^j^y  justice  of  the  peace,  upon  any  demand  arising  from  con- 

tract, express  or  implied,  or  upon  any  other  judgment  founded 
upon  contract,  whether  issued  by  such  justice  or  by  the  clerk 
of  the  county,  shall  contain  a  clause  authorizing  an  arrester 
imprisonment  of  the  person  against  whom  the  same  shall 
issue,  unless  it  shall  be  proved,  by  the  affidavit  of  the  person 
in  whose  favour  such  execution  shall  issue,  or  that  of  some 
other  person,  to  the  satisfaction  of  such  clerk  or  justice, 
either, 

1.  That  the  person  against  whom  the  same  shall  issue,  had 
not  resided  in  this  state  for  the  space  of  thirty  days  immedi- 
ately preceding  the  commencement  of  the  suit  upon  which 
such  judgment  was-  rendered,  or  immediately  preceding  the 
rendition  of  such  judgment,  if  the  same  was  rendered  upon 
confession  without  process  ;  or, 

2.  That  such  judgment  was  for  the  recovery  of  money  col- 
lected by  any  public  officer :  or, 


IMPRISONMENT  FOR  DEBT.  321 

3.  For  9fficial  miscondact  or  neglect  of  duty  :  or, 

4.  For  damages  for  misconduct  or  neglect  in  any  profes- 
sional employment. 

§  31.  No  warrant  shall  issue  against  a  defendant  in  any  JIsYioTssSr^'^ 
case  in  which,  by  the  provisions  of  the  last  preceding  sec- 
tion, an  execution  on  the  judgment  recovered,  could  not  be 
issued  against  his  body,  and  whenever  a  warrant  in  such 
case  shall  issue,  the  like  affidavit  shall  be  required  as  for 
the  issuing  of  an  execution  by  the  provisions  of  said  sec- 
tion. 

'§  32  Whenever,  by  the  provisions  of  the  last  preceding  je"idenriahS 
section,  no  warrant  can  issue,  and  the  plaintiff  shall  be  a  non- 
resident of  the  county,  and  shall  give  the  like  proof  of  the 
fact,  and  tender  to  the  justice  the  security  now  required  by 
law  to  entitle  him  to  a  warrant,  the  justice  shall  issue  a  sum- 
mons, which  may  be  made  returnable  not  less  than  two,  nor 
more  than  four  days  from  the  date  thereof,  and  shall  be  served 
at  least  two  days  before  the  time  of  appearance  mentioned 
therein ;  and  if  the  same  shall  be  returned  personally  served, 
the  same  proceedings  shall  be  had,  and  no  longer  adjourn- 
ment granted  than  in  case  of  a  warrant  at  the  instance  of  a 
non-resident  plaintiff. 

§  33.  Whenever,  by  the  provisions  of  the  thirteenth  sec-  a^fenXur'*^*^"^ 
tion  of  this  act,  no  warrant  can  issue,  and  the  defendant  shall 
reside  out  of  the  county,  he  shall  be  proceeded  against  by 
summons  or  attachment,,  returnable  not  less  than  two,  nor 
more  than  four  days  from  the  date  thereof,  which  shall  be 
served  at  least  two  days  before  the  time  of  appearance  men- 
tioned therein  ;  and  if  such  defendant  be  proceeded  against 
otherwise,  the  justice  *jhall  have  no  jurisdiction  of  the  cause. 

,  §  34.  In  addition  to  the  cases  in  which  suits  may  now  be   suits  by  attach - 

,  ,      ^  .        .  ^    ,  ,  ,    -^  mem  before  ju* 

commenced  before  justices  of  the  peace  by  attachment,  any  *^*^''^- 
suit  for  the  recovery  of  any  debt  or  damages  arising  upon 
any  contract,  express  or  implied,  or  upon  any  judgment,  for 
fifty  dollars  or  less,  may  be  so  commenced,  whenever  it  shall 
•  satisfactorily  appear  to  such  justice  that  the  defendant  is 
i  about  to  remove  from  the  county  any  of  his  property,  with 
intent  to  defraud  his  creditors,  or  has  assigned,  disposed  of, 

41 


322  IMPRISONMENT  FOR  DEBT. 

secreted,  or  is  about  to  assign,  dispose  of,  or  secrete  any  of 
his  property,  with  the  like  intent,  whether  such  defendant  be 
a  resident  of  this  state  or  not. 

be^summcTnir^^  ^  ^^'  ^^^^YQ  any  attachment  shall  issue  in  such  cases,  or 
in  the  cases  provided  for  in  article  second,  title  fourth,  chap- 
ter second,  part  third  of  the  Revised  Statutes,  the  plaintiff 
shall,  by  his  own  affidavit,  or  that  of  some  other  person  or 
persons,  prove  to  the  satisfaction  of  the  justice,  the  facts  and 
circumstances  to  entitle  him  to  the  same,  and  that  he  has  such 
a  claim  as  is  specified  in  the  last  preceding  section  against 
the  defendant,  over  and  above  all  discounts  which  the  de- 
fendant may  have  against  him,  specifying,  as  near  as  may  be, 
the  amount  of  such  claim  or  the  balance  thereof;  and  such 
plaintiff,  or  some  one  in  his  behalf,  shall  also  execute  in  the 
cases  provided  for  by  this  act,  a  bond  in  the  penalty  of  at  least 
one  hundred  dollars,  with  such  sureties,  and  upon  such  condi- 
tion as  is  required  in  section  twenty-ninth  of  said  article  ;  and 
so  much  of  said  article  as  requires  any  other  or  different  proof 
for  the  issuing  of  an  attachment,  than  that  required  by  this 
section,  is  hereby  repealed. 

Attachments         R  nQ.  Evcrv  attachment  issued  by  virtue  of  this  act,  or  of 

how  to  be  served-         i  j  j  y 

the  provisions  contained  in  the  said  second  article,  shall  be 
served  in  the  manner  now  provided  in  said  article,  except, 
that  if  the  defendant  can  be  found  in  the  county,  the  copy  of 
such  attachment  and  inventory  shall  be  served  upon  him  per- 
sonally, instead  of  leaving  the  same  at  the  place  now  pre- 
scribed in  said  article  ;  and  the  return  of  said  officer,  in  ad- 
dition to  what  is  now  required,  shall  state  specifically  whether 
such  copy  was  or  was  not  personally  served  upon  the  de- 
fendant. 


wh^ITpSnaiiy      §  ^7.  If  such  attachment  was  issued  in  one  of  the  cases  pro- 
served,  vided  for  by  this  act,  and  shall  be  returned  personally  served 
upon  the  defendant,  the  justice  shall,  on  the  return  day,  pro- 
ceed to  hear  and  determine  the  cause  in  the  same  manner  as 
upon  a  summons  returned  personally  served. 

wiien  not  per-  §  38.  Jf  such  an  attachment  was  issued  in  one  of  the  cases 
provided  for  by  this  act,  and  at  the  return  day  it  shall  appear 
by  the  return,  that  property  was  attached,  and  that  a  copy  of 


IMPRISONMENT  FOR  DEBT.  ^  323 

such  inventory  and  attachment  was  not  personally  served, 
and  the  defendant  shall  not  appear,  the  plaintiff  may  take  out 
a  summons  ftgainst  the  defendant ;  and  if  such  summons  shall 
be  returned  that  the  defendant  cannot  be  found  after  vigilant 
inquiry,  or  that  the  same  has  been  personally  served  upon 
the  defendant,  then,  in  either  case,  the  justice  shall  proceed 
to  hear  and  determine  the  cause  in  the  same  manner  as  upon 
a  summons  returned  personally  served. 

§  S9,  A  judgment  obtained  before  any  justice,  in  any  suit  Judgment  to  be 
commenced  by  attachment,  when  the  defendant  shall  not  be  ti^nce  of  indebt- 

''  edness.  / 

personally  served  with  the  attachment  or  summons,  and  shall 
not  appear,  shall  be  only  presumptive  evidence  of  indebted- 
ness, in  any  suit  that  may  be  brought  thereon,  and  may  be  re- 
pelled by  the  defendant ;  and  no  execution  issued  upon  such 
judgment  shall  be  levied  upon  any  other  property  than  such 
as  was  seized  under  the  attachment  issued  thereon ;  nor  shall 
any  defendant,  in  such  case,  be  barred  of  any  set-off  which 
he  may  have  against  the  plaintiff 

§  40.  A  defendant,  against  whose  body,  by  the  provisions  ^.^"n^* execution 
of  this  act,  an  execution  cannot  be  issued  from  a  justices'  ^^"K  body^"'''* 
court,  shall  not  be  required,  in  order  to  obtain  an  adjourn- 
ment of  a  cause,  to  give  a  bond  with  the  condition  now  re- 
quired by  law,  but  instead  thereof,  the  condition  of  such  bond 
shall  be,  that  no  part  of  his  property  liable  to  be  taken  on  ex- 
ecution shall  be  removed,  secreted,  assigned,  or  in  any  way 
disposed  of,  except  the  necessary  support  of  himself  and  fa- 
mily, until  the  plaintiff's  demand  shall  be  satisfied,  or  until  the 
expiration  of  ten  days  after  such  plaintiff  shall  be  entitled  to 
have  an  execution  issued  on  the  judgment  obtained  in  such 
I  cause,  if  he  shall  obtain  such  judgment,  and  if  the  condition 
•  of  such  bond  be  broken,  and  an  execution  on  such  judgment 
be  returned  unsatisfied  in  whole  or  in  part,  the  plaintiff,  in  an 
action  on  such  bond,  shall  be  entitled  to  recover  the  amount 
due  on  such  judgment. 

§  41.  Sections  one  hundred  and  thirty-seven,  one  hundred  Repeal  of  thr«»© 

,      ,  .  .    ,  ,  ,  ,  ■  ,      ,  .  .  ,.      .  ,     sections  of  Rev. 

and  thirty-eight  and  one  hundred  and  thirty-nme,  of  title  Statutes, 
fourth,  chapter  second  and  part  third  of  the  Revised  Statutes 
are  hereby  repealed. 


324  IMPRISONMENT  FOR  DEBT. 

ti^illJJS^lS^      ^  ^*^-  ^^'hen  judgment  slmll  be  rendered  against  the  de- 
oniy.  fendant,  no  more  than  two  svffnmonses,  and  the  service  of  the 

two  summonses,  shall  be  included  in  the  costs  of  such  judg- 
ment. 

Certain  provi-      §  ^^'  ^^  ^^  provisions  of  Said  title  fourth,  not  hereby  ex- 
Stomtei  toYppy  pi'^ssty  repealed,  and  not  inconsistent  with  the  provisions  of 
to  this  act         ^i^g  ^^^^  ^j.g  hereby  declared  to  be  in  full  force,  and  to  apply 
to  the  provisions  of  this  act,  so  far  as  the  same  relate  to  pro- 
ceedings in  courts  before  justices  of  the  peace. 

9 

Persons  irapri  §  44.  All  pcrsous  imprisoncd  at  the  time  this  rfct  shall  take 
wke»  rffec"  *to  cffect  as  a  law,  by  virtue  of  any  execution  issued  upon  a  judg- 
'**^  ^"^  ment  recovered  before  any  justice,  upon  any  contract,  express 
or  implied,  shall  be  discharged  from  such  imprisonment,  as  in 
the  next  section  provided,  unless  the  plaintiff  in  such  execu- 
tion shall,  on  or  before  that  day,  file  with  the  jailer  an  affidavit, 
stating  such  facts  as  would  authorize  an  execution  against 
the  body  of  the  defendant,  according  to  the  twenty-ninth  sec- 

r 'i->n  /-»f  til?  Q    nn^ 


How  entiued  to  ^45.  To  entitle  such  imprisoned  debtor  to  such  discharffc, 
he  shall  present  to  the  jailer  or  sheriff  in  whose  custody  he 
shall  be,  an  affidavit  settincj  forth  that  tlie  execution,  bv  vir- 
tue  of  which  he  is  imprisoned,  issued  upon  a  judgment  ob- 
tained on  a  contract,  express,  or  implied,  or  obtained  upon  a 
judgment  founded  on  such  contract ;  and  thereupon  he  shall 
be  discharged,  and  the  sheriff  shall  not  be  liable  to  any  action 
for  such  discharge. 

May  brin?awrit  ^  45.  Any  peison  imprisoned  on  any  process  issued  out  of 
any  court,  who  shall  be  entitled  to  be  discharged  from  such 
imprisonment  under  the  provisions  of  this  act,  may  bring  a 
writ  of  habeas  corpus  or  certiorari  for  that  purpose,  in  the 
manner  provided  in  the  ninth  chapter  of  the  third  part  of  the 
Revised  Statutes. 


Marine  court. 


§  47.  The  provisions  of  tliis  act,  from  the  twenty-ninth  sec- 
tion inclusive,  shall  apply  to  executions,  warrants  and  other 
process  issued  by  the  marine  couit  in  the  city  of  New- York, 
by  the  assistant  justices  for  wards  in  the  said  city,  and  by 


IMPmSONMENT  FOR  DEBT.  396 

the  justices  of  the  justices'  court  of  the  city  of  Albany  and  of 
the  city  of  Hudson,  and  to  all  proceedings  in  the  said  courts 
and  by  the  said  justices,  in  the  like  cases  and  in  the  same  man- 
ner as  herein  provided  in  respect  to  justices  of  the  peace. 

5  48.  This  act  shall  take  effect  as  a  law  on  the  first  day  of  Act  to  take  effect. 
March,  one  thousand  eight  hundred  and  thirty- two ;  but  the 
secretary  of  state  shall  immediately  cause  a  sufficient  num- 
ber of  copies  of  this  act  to  be  printed  by  the  state  printer,  to 
supply  every  justice  of  the  peace  in  the  state,  and  every 
town  clerk  and  sheriff,  with  a  copy,  which  shall  be  transmit- 
ted by  him  to  the  clerks  of  the  different  counties,  and  by  them 
distributed  to  the  officers  entitled  thereto :  the  expense  of 
which  printing  and  transmission  to  the  county  clerks,  shall 
be  paid  out  of  the  treasury  in  the  manner  provided  by  law. 


336  INFANTRY. 

Revised  Statutes,  Vol  1,/?.  895. 
TITLE  X. 

SPECIAL    PROVISIONS. 

Aht.  1. — Of  the  infantry  of  the  city  and  county  of  New- York. 
Art.  2.— Of  the  first  and  sixth  t)rigadcs  of  New-York  state  artillery, 
Abt.  3.— Of  the  first  brigadie  of  light  artillery. 

ARTICLE   FIRST. 

OF  THE  INFANTRY  OF  THE  CITY  AND  COUNTY  OF  NEW- YORK. 

Smot.  1.  Infantry  in  New  York  to  parade  three  times  a  year. 

2.  The  officers  and  non-commissioned  officers  to  meet  not  lessthan  8  times  a  year. 

3.  The  1st,  2d,  and  3d  sections  of  Title  IX  to  extend  to  privates  as  well  as  non-coa»- 

misaioned  officers  in  infantry  companies  in  New-York. 

4.  Certificate  to  conform  to  provisions  of  preceding  section. 

3.  If  person  holding  certificate  remove  out  of  bounds  of  company,  &c.  he  may  contlnae 

to  parade  therein. 
fl.  How  notices,  &c.  served  In  New- York. 
f.  Commandants  of  brigades  to  appoint  brigade  courts-martiaJ  annually ;  of  whom  »d> 

consist. 

8.  They  shall  have  trial  of  all  delinquencies  in  brigade,  except  in  cases  of  offloere  Bbc«»e 

rank  of  captain. 

9.  Officer  ordering  court  may  supply  vacancies. 

10.  Commandant  of  brigade  to  deliver  returns  of  dellnQuencIe*  to  laxKidcnt  of  conrt, 

and  to  judge-advocato. 

11.  Court  to  assemble  annually,  as  commandant  or  brigade  shaU  dlrec<  ;  )nd^-6dvO' 

cato  to  administer  oath  to  members. 
ISi  rreeident  of  court  to  appoint  a  marshal. 
A3,  Marshal  to  eumraon  delinquents,  and  to  make  retams. 
t4.  Judge-advocate  may  issue  summons,  &c. 
15.  Persons  notified  and  not  appearing,  to  be  proceeded  against  as  if  present,  and  had 

pleaded  not  guilty. 
10.  Court  may  open  a  default  taken  against  a  party  delinquent. 

17.  Sentence  against  a  commissioned  officer  not  to  be  exercised  until  approved  of  by 

officer  ordering  court 

18.  Appeal  allowed  from  sentence  for  delinquency,  to  commandant  of  brigade. 

19.  Officer  absenting  himself  from  parade,  may  be  fined  not  exceeding  $25. 

20.  Officers  absenting  themselves  from  improvement  meetings,  to  be  fined  not  less  than 

two,  nor  more  than  five  dollars. 

21.  Fines  imposed  by  court,  to  be  reported  by  president  to  commandant  of  brigade. 

22.  President  to  make  a  list  of  persons  fined,  &c.  and  to  issue  his  warrant  to  collect  the 

same. 
JO.  The  officer  to  whom  directed,  lo  levy  fine  of  goods,  &c.  of  delinquent,  or  for  wa« 

of  them  to  take  his  body. 
£A.  He  shall  make  return  to  president  of  court. 

S5.  In  case  e  delinquent  cannot  be  found,  another  warrant  may  be  issued. 
oa  m  executing  warrant,  person  to  proceed  in  same  manner  a?  under  execution  iswued 

from  justices'  court. 
9T.  Keepers  of  jails  to  receive  persons  under  euch  warrants, 
aa.  Pr€aMente  of  brigade  courtB-manial  to  account  annually  to  commandant  of  brir 

gade,  and  to  pay  ovei  raonf.y.  ' 

30.  Meaio*  bow  jppropriatod. 


mFANTRY.  32T 

§  1.  The  iafantry  of  the  city  and  county  of  New- York  shall  t^X'y^ai!*''" 
parade  three  times  in  each  year,  once  by  companies  and  twice 
by  regiments  or  separate  battalions,  one  of  which  parades 
shall  be  ordered  for  inspection  and  review  by  the  command- 
ant of  the  brigade,  and  the  remaining  parades  by  the  com- 
mandants of  the  respective  regiments  or  separate  battalions, 
at  such  times  as  they  may  think  proper. (9) 

§  2.  The  officers  and  non-commissioned  officers  shall  meet  ^^"^Yngs"^^^^ 
for  militan,^  improvement,  not  less  than  eight  times  in  each 
year,  at  such  hours  of  the  day  as  may  be  directed  for  that  pur- 
pose ;  three  of  the  meetings  to  be  ordered  by  the  command- 
ant of  brigade,  and  the  residue  by  the  commandants  of  regi- 
ments or  separate  battalions.  The  names  of  all  persons  who 
shall  absent  themselves  from  any  such  meeting,  without  such 
excuse  as  the  officer  ordering  the  same  shall  deem  sufficient, 
shall  be  reported  by  the  brigade  inspector  or  the  adjutant,  as 
the  case  may  require,  to  the  president  of  the  brigade  court- 
martial,  within  thirty  days  after  such  meeting. 

5  3.  The  first,  second,  and  third  sections  of  the  ninth  title   certain  sections 

*  '  '  ol  preceding  title 

of  this  chapter,  shall  extend  to  the  privates  as  Veil  as  the  non-  ^{^^f^^'^^  ^°  ^^'^' 
commissioned  officers  of  every  company  of  infantry  in  the 
city  of  New-York ;  but  such  non-commissioned  officers  and 
privates,  to  entitle  themselves  to  the  privileges  specified  in 
those  sections,  shall  parade  uniformed  and  equipped  as  there- 
in mentioned,  at  all  parades  directed  by  law,  and  also  at  five 
additional  parades  in  each  year,  to  be  directed  by  the  com- 
mandant of  the  regiment  to  which  such  company  may  belong, 
at  such  times  and  in  such  manner  as  he  may  deem  best  adapt-  ^ 

ed  to  their  improvement  in  military  tactics. 

^  4.  The  certificate  to  be  granted  to  such  non-commis-     certificate. 
jiioned  officers  and  privates,  shall  conform  to  the  provisions 
contained  in  the  preceding  section. 

^  5.  If  anv  non-commissioned  officer  or  private  holding  Removal  of  pcr- 

.  ,  •  ^  _  "-^  sons  holding  cer- 

such  a  certificate,  shall  remove  out  of  the  bounds  of  his  com-  nficatc. 
pany,  battalion,  or  regiment,  but  not  out  of  the  city  of  New- 
York,  he  may  continue  to  parade  w4th  the  company  in  which 
he  was  first  enrolled  ;  unless  excused  by  the  commanding    ^ 

(9)  Laws  of  1^4,  p.  331,  ^  3  ;  1885,  p.  413,  $  5,  6. 


«J6  infantry; 

officer  of  suoh  company,  or  unless  he  shall  be  transferred  to 
another  company  or  regiment,  by  the  direction,  or  with  the 
consent,  of  the  commanding  officer  of  the  regiment  to  which 
euch  company  belonged. 


Jfotio<?»,&o.  Row 
•erred. 


§  6.  All  notices,  warrants  or  summonses  to  attend  any  pa- 
rade, improvement  meeting,  or  court-martial  in  the  city  and 
county  of  New-York,  may  be  served,  by  leaving  a  written  or 
printed  notice,  containing  the  substance  of  such  notice,  war- 
rant, or  summons,  at  the  store,  counting-house,  or  usual  place 
of  business  of  the  person  to  be  notified,  warned,  or  summon- 
ed, with  some  person  of  suitable  age  and  discretion ;  and 
every  such  person  shall  be  held  to  duty  in  the  beat  in  which 
he  may  have  been  so  notified  for  any  parade  unless  he  shall 
have  been  duly  notified  in  the  beat  in  which  he  actually  re- 
sided. 


Brigade  courV 
murtla}. 


§  7.  The  commandant  of  each  brigade  shall,  on  or  before 
the  first  day  of  June  in  every  year,  appoint  a  brigade  court- 
martial,  to  serve  also  as  a  court  of  inquiry,  to  consist  of  three 
commissioned  officers  ;  except  when  a  captain  or  subaltern 
is  to  be  tried,  in  which  case  such  commandant  shall  appoint 
two  additional  commissioned  officers  to  be  members  of  the 
court,  and  he  shall  also  detail  five  supernumeraries  to  act  in 
case  the  number  of  the  ordinary  members  shall  be  reduced, 
by  challenge  or  otherwise,  below  five. 


Ibid. 


}  8.  Such  court-martial  shall  have  the  trial  of  all  offences 
and  delinquencies  within  the  limits  of  the  brigade,  which 
may  be  brought  to  trial  within  the  year  ending  on  the  thirty- 
first  day  of  May  then  next,  except  for  offences  and  delinquen- 
cies of  officers  above  the  rank  of  captain. 


vw»nc7.  §  9.  The  officer  ordering  such  court  shall  have  power  to 

supply  any  vacancy  which  may  happen  therein. 


Duty  of  commai^ 
dant  of  brigade. 


§  10.  The  commandant  of  brigade  appointing  any  court- 
martial,  shall  forthwith  deliver  over  all  returns  of  delinquen- 
cies that  shall  come  to  his  or  his  adjutant's  hands,  to  the 
president  of  such  court-martial,  or  to  the  brigade  judge-ad- 
vocete. 


INFANTRY.  32Sf 

§  11.  Every  such  court-martial  shall  assemble  once  at  ^^aYsemX^*° 
least  in  every  year,  at  such  place  as  the  commandant  of  the 
brigade  shall  from  time  to  time  direct ;  and  on  its  first  as- 
sembling, (he  brigade  judge-advocate,  and  in  case  of  there 
being  no  brigade  judge-advocate,  qualified  to  act  as  such,  then 
such  judge-advocate  as  the  commandant  of  the  brigade  shall 
appoint  for  the  time  being,  shall  administer  to  each  member 
of  the  court  then  appearing,  and  afterwards  to  such  other 
members  of  the  court  as  may  thereafter  appear,  the  oath  pre- 
scribed in  the  ninth  section  of  the  sixth  Title  of  this  Chapter, 

§  12»  The  president  of  every  such  court-martial  shall  ap-      Marshal, 
point  a  marshal  for  said  court,  v^^hich  appointment  may  be 
made  either  before  or  after  the  president  shall  have  been 
sworn. 

§  13.  He  shall  direct  such  marshal  to  summon  all  delin-  His  duty, 
quents  and  parties  accused,  to  appear  before  the  court  at  the 
time  and  place  by  him  in  orders  appointed  ;  and  such  mar- 
shal shall  make  the  like  return,  and  with  the  like  eflect,  as 
commissioned  and  non-commissioned  officers  are  authorized 
and  required  to  make  in  cases  of  warning  to  a  company  or 
regimental  parade,  and  shall  be  subject  to  the  like  penalties 
for  neglect  of  duty. 

§  14.  The  brigade  judge-advocate  may  issue  summonses,  ^un^mons,  sub- 
subpcenas,  and  all  other  needful  process,  under  his  official 
signature  ;  and  the  same  shall  be  as  eflfectual  as  if  issued  by 
the  president  of  the  court. 

§  15.  Every  person  who  shall,  after  having  been  duly  no-  Persons  not  ap- 
tified  or  summoned,  refuse  or  neglect  to  appear  before  the 
court,  may  be  proceeded  against  as  if  he  was  personally  pre- 
sent, and  had  pleaded  not  guilty. 

§  16.  Every  such  court-martial,  on  the  application  of  any   Default  wheit 

i  I  delinquent,  fined  by  default  for  not  appearing,  who  shall  make 

satisfactory  excuse  to  the  court  for  his  default,  may  re-con- 

,  sider  his  case  ;  and  on  sufficient  cause  being  shown,  may  re- 

s  i  mit  the  fine,  penalty  or  forfeiture,  or  direct  the  same  to  be 

repaid  if  collected. 

42 


opened. 


''.30  INFANTRY. 

■'^^'^tS.''^^'^"  §  17.  No  sentence  of  any  such  court-martial  upon  any 
commissioned  officer  shall  bo"  carried  into  effect,  until  such 
sentence  shall  be  approved  by  the  officer  ordering  the  court. 

Aj,p  ai  §  18.  From  the  sentence  of  every  such  court-martial,  im- 

posing a  fine  for  any  delinquency,  an  appeal,  if  made  within 
twenty-days,  shall  be  allowed  to  the  commandant  of  Ihe  bri- 
gade. 

^""Sc^'""^'       §  19.  Every  ......^.  who  shall  absent  himself  without  suffi- 

,cient  pxcuse,  from  any  parade  prescribed  by  law,  may  be 
punished  by  fme,  not  exceeding  twenty-five  dollars  for  each 
parade. 

Ibid  §  20.  Every  commissioned  and  non-commissioned  officer 

who  shall  absent  himfeelf  from  any  of  the  improvement  meet- 
ings, mentioned  in  the  second  section  of  this  Article,  without 
such  excuse  as  the  officer  ordering  the  meeting  shall  deem 
sufficient,  may  be  punished  by  fine  of  not  less  than  two  nor 
more  than  five  dollars  for  everv  such  ofTcnce. 


1  )  lies  to  be  ic- 
poritd. 


V  21.  All  hues  imposed  by  any  such  <;OjUrt-martial,  shall 
be  reported  by  the  president  of  the  court  within  thirty  days 
after  they  shall  be  imposed,  to  the  comn^andant  of  the  bri- 
gade by  whom  the  court  shall  have  been  ordered. 

inn!°-in<i  w"u'  §  ^2.  For  tlic  purposc  of  collecting  such  fines,  the  presi- 
dent of  the  court  shall,  within  thirty  days  after  such  fines  shall 
-  have  been  imposed,  make  a  list  of  all  persons  fined  by  such 
court-martial,  and  who  shall  not  have  paid  their  fines,  desig- 
nating therein  the  number  of  the  street  or  ward  in  which  each 
delinquent  resides,  and  the  amount  of  the  fine  or  fines  im- 
posed upon  liim  ;  and  he  sl^al'l  also  draw  his  warrant  under 
his  hand  and  seal,  directed  to  any  constable  or  marshal  of 
the  city  and  county,  or  other  special  deputy  that  may  be  ap- 
pointed for  that  purpose  by  such  court-martial. 


rant. 


<-"f>»tentgof  wai-  §23.  The  Warrant  shall  command  the  person  to  whom  it 
may  be  directed,  to  levy  the  fine  or  fines  of  each  delinquent, 
together  with  the  fees  for  collecting  the  same,  of  the  goods 
and  chattels  of  such  delinquent ;  and  if  any  such  delinquent 
.•>hal]  be  under  agg-  and  Jive  with  his  father  or  mother,  master 


INFANTRY.  .331 

or  mistress,  then  to  levy  such  fine  or  fines,  with  such  f(  c: , 
of  the  goods  and  chattels  of  such  father  or  mother,  master  or 
mistress,  as  the  case  may  be ;  and  for  want  of  goods  and 
chattels  whereon  to  levy,  to  take  the  body  of  such  delinquent, 
and  him  to  deliver  to  the  keeper  of  the  jail  in  said  city  and 
county. 

}  24.  The  person  to  whom  such  warrant  shallbe  directed,  ^'^"™,°^"'^" 
shall  return  it  to  the  president  of  the  court-martial  in  forty 
days,  with  a  return  of  his  proceedings  thereon ;  and  shall,  on 
or  before  the  expiration  of  the  time  limited  for  the  return  ^f 
the  warrant,  account  to  the  president  or  liis  successor,  under 
oath,  and  pay  to  him  or  his  successor,  all  monies  he  m.ay 
have  collected  or  received  in  virtue  thereof. 

§  25.  In  case  he  shall  return  any  of  the  dehnquents  not  New  warrant. 
found,  it  shall  be  lawful  for  such  president,  or  his  successor, 
in  like  manner,  to  issue  another  and  a  further  warrant  against 
such  delinquents  so,  from  time  to  time,  returned  not  foujid, 
until  the  whole  of  the  fines  shall  have  been  collected,  or  th^* 
bodies  of  the  delinquents  taken. 

§  26.  The  person  to  whom  any  such  warrant  shall  be  de-  ^'^7X1?^^ 
livered,  in  executing  the  same,  shall  proceed  in  the  same 
manner,  be  entitled  to  the  same  fees,  and  be  subject  to  the 
same  penalties,  as  in  cases  of  execution  issued  out  of  the 
marine  court,  in  the  said  city. 

§  27.  The  keeper  of  the  jail  in  said  city  and  county  sliall  Duty  of  jai:-:, 
receive  the  body  of  every  person  committed  under  any  such 
warrant,  and  shall  keep  him  closely  confined  in  such  jail, 
without  bail  or  mainprize,  until  the  fine  or  fines,  for  which 
he  shall  have  been  committed,  together  with  the  fees  for  exe- 
cuting the  warrant,  and  the  jailer's  fees,  shall  be  paid;  but 
the  jailer  shall  set  at  liberty  every  such  person  after  he  shall 
have  been  so  confined  ten  days. 

§28.  The  president  of  every  bri(]:ade  court-inartial  shall    '''■f^''™'f."/ 

*  X  JO  _  C'Hirta  martial  to 

annually,  on  the  first  Monday  in  March,  and  oftener,  if  requir-^<^^<^^"*- 
ed,  account  upon  oath,  and  pay  over  to  the  commandant  of 
the  brigade  who  shall  have  ordered  the  said  court,  and  to 
the  commandants  of  regiments  or  separate  battalions,  wifMt, 


332  .         INFANTRY  AND  ARTILLERY. 

his  brigade,  who  are  hereby  constituted  a  board  of  officers 
for  that  purpose,  or  to  a  treasurer  by  them  to  be  appointed, 
all  the  monies  which  he  may  receive  as  aforesaid. 

appTied!^         §  29.  Such  iPionies  shall  be  appropriated  by  the  board, 

1.  To  the  payment  for  room  hire  and  stationary,  and  for 
the  compensation  allowed  to  the  brigade  inspector,  brigade 
judge-advocate,  and  members  of  the  courts-martial  and  courts 
of  inquiry  of  the  brigade,  and  the  marshals  appointed  by  such 
courts  respectively. 

2.  To  the  purchase  and  repair  of  colours  and  instruments  of 
music  ;  the  payment,  instruction,  and  equipment  of  musicians ; 
the  printing  of  orders  and  notices,  and  such  other  military 
purposes  as  shall  be  directed  and  allowed  by  the  board  of 


pfficers. 


ARTICLE  SECOND. 


FIRST  AND  SIXTH  BRIGADES  OF  NEW-YORK  STATE  ARTILLERY. 

30.  First  and  eixth  brigades  of  New- York  state  artillery,  to  use  same  weapons,  dtc.  ia 

use  at  passing  of  this  act. 

31.  Such  weapons,  &c.  and  cverj-  hor?c  enrolled  for  service,  exempt  from  execution. 
u3.  Officers  of  said  brigades  exempt  from  military  duty  after  six  years'  service. 

33.  Non-commissioned  officers,  &c.  shall  be  exempt  after  seven  years'  service. 

34.  Persons  serving  in  such  brigades,  entitled  to  a  reduction  of  500  dollars,  from  th» 

assessment  upon  their  property. 

35.  Officers,  &;c.  in  light  artillery  of  said  brigades,  entitled  to  a  like  reduction  of  one 

thousand  dollars. 

36.  Officers,  &c.  of  such  brigades,  during  service  therein,  exempt  from  jury  duty. 

-    37.  Regiments  of  said  brigades  shall  be  ordered  out  for  exercise,  not  less  than  eight,  nor 
more  than  twelve  times  annually. 

38.  Officers  of  said  brigades-  to  be  exercised  four  times,  and  non-commissiwied  officem 

twice,  annually. 

39.  Commandant  of  each  regiment  to  receive  from  state  military  stores,  powder,  &c  for 

exercise  of  his  regiment. 

40.  To  be  a  review  for  tl»e  inspection  of  brigade?  on  2d  Tuesday  of  October  annually. 

41.  Light  artillery  annexed  to  regiments  in  these  brigades,  may  be  ordered  out  not  lew 

than  eight,  nor  more  than  twelve  times  annually. 

42.  Officers,  &c.  how  warned  to  appear  at  parade. 

43.  In  cases  of  invasion,  «fec.  written  notices  not  necessary. 

44.  Commandants  of  companies  when  required  to  make  a  return  of  persons  absent  from 

parade. 

45.  Brigade  inspector  to  make  return  of  officers,  &c.  present  at  inspection. 

46.  Commandants  of  regiments  to  make  return  of  officers,  &c.  absent  from  Inspection. 

47.  Brigade  courts-martial  have  power  to  prescribe  or  alter  forms  of  returns  of  delin- 

quencies. 

48.  When  they  prescribe  or  alter  forms,  notice  to  be  published  in  order?. 

49.  Commandant  of  brigade  to  appoint  brigade  court-martial  annually;  constitution 

of  court. 

50.  It  shall  have  the  trial  of  all  delinquencies  in  brigade,  except  those  of  officers  above 

the  rank  of  captain, 
^i.  Provisions  of  first  Article  of  this  Title,  from  section  nine  to  eighteen,  inclueire,  to 
9pply  to  foufts-martial  of  said  brigades  of  artillery. 


INFANTRY  AND  ARTILLERY.  33S 

39.  PtinLshDients,  penalties,  and  fines  for  not  confonning  to  the  provisions  of  thte  arlkle 

53.  Fines  imposed  by  brigade  court-martial,  how  collected. 

54.  How  disposed  of  when  collected. 

55.  President  and  judge-advocate  to  receive  two  dollars  per  day ;  members  not  to  receive 

any  thing. 

56.  When  officer  is  convicted  upon  charges  preferred  agaioflt  him,  to  pay  costs  :  if  ac- 

quitted, costs  to  abide  direction  of  court. 

57.  Last  eeetion  not  to  extend  to  arrests  made  by  commandants  of  brigades,  &c. 

58.  Commandants  of  regiments,  &e.  to  account  annually  to  commandant  ot  brigade  for 

monies  received  by  thorn. 

59.  How  Buch  monies  expended  and  applied. 

60.  Brigade  inspectors  to  keep  a  roster  of  officers  In  their  brigade  bolow  rank  of  major. 
6L  Officers  and  privates  of  any  company  of  artillery,  not  in  New-York,  their  privileges 

and  «zemption«. 


§  30.  The  several  companies  and  regiments  composing  the    weap<m», 
first  and  sixth  brigades  of  New-York  state  artillery  may  use 
the  same  weapons,  accoutrements,  and  other  equipments,  with 
which  they  are  provided  at  the  passing  of  this  act,  until  other- 
wise directed  by  the  commander  in  chief. 


§  3L  Such  weapons,  accoutrements,  and  other  equipments,  Exemptions fron* 
together  with  every  horse,  actually  enrolled  for  service,  and 
belonging  to  any  member  or  members  of  these  brigades,  shall 
be  exempt  from  seizure  by  execution. 

§  32.  Every  officer  in  such  brigades  who  shall  hereafter  ^^^^JJJ*** 
resign  his  commission,  if  the  resignation  thereof  be  accepted 
by  the  proper  authorities,  shall,  provided  he  has  served  faith- 
fully in  any  capacity  in  his  brigade  for  the  period  of  six  years, 
be  thereafter  exempt  from  all  military  duty  in  this  state,  ex- 
cept in  cases  of  insurrection  or  invasion  ;  and  shall  in  no  case 
be  compelled  to  serve  in  a  grade  inferior  to  that  which  he 
shall  have  previously  held 

J  33.  Every  non-commissioned  officer,  musician,  or  private,  ^d*'°c5fi"!?l'^ani 
now  belonging  to,  or  who  shall  hereafter  belong  to  any  regi-  pnvateawheaeax^ 
ment  of  such  brigades,  and  shall  serve  faithfully  therein,  for 
the  period  of  seven  years,  shall  thereafter  be  exempt  from 
military  duty  in  this  state,  except  in  cases  of  insurrection  or 
invasion.  , 

§34.  Every  officer,  non-commissioned  officer,  musician.    Reduction  ia 

.  .         '  '  taxes. 

and  private,  actually  and  faithfully  serving  in  such  brigades, 
shall  be  entitled  to  a  reduction  of  five  hundred  dollars,  from 
the  amount  assessed  upon  him  by  the  assessors,  as  the  value 


334  INFANTRY  AND  ARTILLERY. 

of  his  property,  and  the  residue  shall  be  the  sum  for  \vhich 
he  shall  be  assessed. 


Reduction  of 
taxes. 


§  35.  Every  officer,  non-commissioned  officer,  musician, 
and  private,  in  any  troop  or  company  of  light  artillery,  in 
either  of  the  brigades,  shall  be  entitled  to  a  similar  reduction, 

to  the  amount  of  one  thousand  dollars. 


Exemption  from 
juries. 


§  36.  Every  officer,  non-commissioned  officer,  musician, 
and  private,  actually  and  faithfully  serving  in  such  brigades, 
shall,  during  such  service,  be  ex;empt  from  serving  upon  any 
grand  or  petit  jury  within  this  state ;  but  the  court  before 
whom  such  exemption  shall  be  claimed,  shall  not  receive  any 
certificate  as  conclusive,  but  shall  examine  into  the  fact  of 
such  service. 


Re^irafimg  how      §  38.  Each  rcfi^iment.  in  these  brigades  shall  be  ordered 

often  to  be  order-         '  .        -i  ,  i  i  r  i  •    i 

ed  out.  out  for  exercise  by  the  commandant  thereof,  at  least  eight, 

and  not  exceeding  twelve  times  in  each  year;  of  which  pa- 
rades so  many  shall  be  by  brigades  as  the  commandants  of 
brigades  shall  respectively  direct. 


GiRcers  to  be 
excrcifod. 


§  37.  The  commandants  of  these  brigades  shall  exercise 
the  officers  of  their  respective  brigades,  for  their  military  im- 
provemer^,  at  least  four  times  in  each  year ;  and  the  respec- 
tive commandants  of  regiments,  shall  exercise  their  commis- 
sioned and  non-commissioned  officers  at  least  twice  in  every 
year. 


Military  Bt.irc?. 


§  39.  The  commandant  of  each  regiment  shall  be  entitled 
to  receive,  from  the  military  stores  of  this  state,  as  much 
powder,  ball,  and  other  munitions,  as  the  commander  in  chief 
may  think  proper,  for  the  purpose  of  better  enabling  such 
officers  to  exercise  and  improve  their  respective  rGr> 
ments. 


Inspection  re- 

view 


§  40.  There  shall  be  a  review  for  the  inspection  of  the  bri- 
gades, on  the  second  Tuesday  of  October,  in  each  year,  or 
as  soon  thereafter  as  possible ;  and  the  commandant  of  each 
brigade,  and  the  staff  officers  thereof,  shall  attend  such  re- 
view. 


UfFANTRY  AND  ARTILLERY.  335 

5  41.  The  troops  of  light  artillery  annexed  to  regiments  ^l;^^^  "rS 
in  these  brigades,  may  be  ordered  out  for  exercise  by  the  '^"^• 
commandants  of  the  regimeAts  to  which  they  are  respective- 
ly annexed,  at  least  eight  and  not  more  than  twelve  times  in 
each  year,  including  in  the  number  every  regimental  parade 
which  they  may  be  ordered  to  attend ;  and  in  addition  to 
their  other  equipments,  may  be  armed  -with  rifles,  carbines, 
or  lances,  as  such  troops  shall  elect. 

§  42.  Officers,  non-commissioned  officers,  musicians,  and  °^"/Qed°^ 
privates,  shall  be  warned  to  appear  at  all  parades  and  places 
of  rendezvous," in  the;iaanner  prescribed  in  the  fifth  Title  of 
this  Chapter,  except  that  commissioned  officers  shall  be 
warned  by  the  serjeant-majors  of  their  respective  regiments, 
who  shall  make  their  returns  to  the  adjutant  or  colonel,  in 
the  same  manner,  and  with  the  like  effect,  as  is  provided  in 
said  Title  in  respect  to  company  returns. 

§  43.  In  cases  of  invasion,  tumult,  and  insurrection,  it  shall  Jhc^sl-fficfS 
not  be  necessary  for  commandants  of  companies  to  issue 
written  orders  or  notices  for  calling  out  their  men  :  but  ver- 
bal orders  and  notices  shall  be  sufficient.  / 

j       §  44.  Every  commandant  of  a  company  shall,  when  there-  Retuvn  o.  adin 
unto  required  by  the  commandant  of  the  regiment  to  which       '*''^"^'' 
he  belongs,  make  a  just  and  ti*ue  return  of  every  person  ab-     , 
sent  from  any  parade  or  rendezvous. 

§  45.  The  brigade  inspector,  or  person  acting  as  such,    Return  of  in. 
shall  make  a  just  and  true  return  of  the  officers,  non-commis-      ^p'"''^'''"- 
sioned  officers,  musicians,  and  privates,  present  at  every 
parade  for  inspection  and  review  attended  by  him,  together 
with  the  state  of  their  arms  and  equipments. 

§  46.  It  shall  be  the  duty  of  the  commandant  of  each  re sri-  ^^t*'"^  of  deim 
ment  to  make  a  just  and  true  return  of  the  name  of  every 
officer,  non-commissioned  officer,  musician,  and  private,  ab- 
sent from  such  review  for  inspection,  to  the  president  or  judge- 
advocate  of  the  brigade  court-martial. 

§  47.  The  brigade  court-martial  shall  have  power  to  pre- 
scribe,  and  from  time  to  time  to  alter  the  forms  of  returns  of 


qucuta. 


F-  nn«  Of  return*. 


336  INFANTRY  AND  ARTILLERY. 

delinquencies  to  be  made  by  commandants  of  regiments  and 
companies,  and  also  to  presci;ibe  or  alter  the  forms  of  returns 
made  by  non-commissioned  officers,  of  persons  waroed  by 
them  to  appear  on  parade. 


AlteratloM 
tbcrelQ. 


§  48.  Whenever  such  court-martial  shall  prescribe  or  alter 
the  form  of  any  return,  notice  thereof  shall  be  published  in 
orders ;  after  which,  such  returtis  shall  be  made  in  the  form 
directed  by  the  court. 


Brigade   court 
mar-ciaL 


§  49.  The  commandant  of  each  brigade  shall,  on  or  before 
the  first  day  of  June  in  each  year,  appqint  a  brigade  court- 
martial,  to  serve  also  as  a  brigade  court  of  inquiry,  to  con- 
sist of  five  commissioned  officers,  at  least  one  of  whom  shall 
be  a  field  officer,  and  president  tliereof,  and  any  three  of  whom, 
including  such  president,  may  make  a  quorum,  except  when 
a  captain  or  subaltern  is  tried,  in  which  case  five  members 
shall  be  present ;  and  the  commandant  shall  also  detail  five 
supernumeraries,  to  act  in  case  the  number  of  the  ordinary 
members  shall  be  reduced  by  challenge  or  otherwise  below 
five. 


Power  thereof.  §  50.  Each  court-martial  shall  have  the  trial  of  all  offences 
and  delinquencies  in  its  brigade,  which  may  be  brought  to 
trial  within  the  year  ending  on  the  thirty-first  day  of  May, 
then  next ;  except  such  offences  and  delinquencies  of  officers 
above  the  rank  of  captain,  as  are  not  provided  for  in  the  fifty- 
second  section  of  this  article. 

^°'''P*lr„.V^*'^'^      §  51.  The  provisions  of  the  first  Article  of  this  Title,  from? 

of  this  Title  ex-         ^  *^  ' 

tended.  scction  nine  to  section  eighteen,  both  inclusive,  shall  appljr 

to  the  courts-martial  of  said  brigades  of  artillery. 


Penalties  and 
fines. 


§  52.  The  following  punishments,  penalties  and  fines,  shalF 
be  incurred  and  imposed,  for  not  conforming  to  the  provi- 
sions of  this  artiele,  unless  a  satisfactory  excuse  be  produced" 
to  the  court-martial : 

1.  Every  commissioned  officer  who  shall  neglect  to  ap- 
pear and  do  duty,  in  the  complete  uniform  and  equipments  of 
his  corps,  at  any  parade  for  exercise,  when  thereunto  duly 
notified,  shall  forfeit  and  pay  a  penalty  not  exceeding  tea 
dollars  for  every  such  neglect. 


INFANTRY  AND  ARTILLERY.  337 

2.  Every  non-commissioned  officer,  musician  and  private^ 
who  shall  neglect  to  appear,  shall  forfeit  and  pay  a  penalty 
not  exceeding  five  dollars  for  every  such  neglect. 

3.  Every  commissioned  officer  absenting  himself  from  any 
meeting  for  improvement,  shall  forfeit  and  pay  a  penalty  of 
three  dollars  for  every  such  neglect. 

4.  Every  non-commissioned  officer,  who  shall  neglect  to 
execute  any  warrant  or  order  to  him  directed,  or  to  return 
such  warrant ;  or  shall  make  a  false  return  thereof;  or  shall 
neglect  or  refuse  to  appear  at  the  place  of  rendezvous  men- 
tioned in  such  warrant ;  or  neglect  or  refuse  to  summon  any 
delinquent  to  appear  before  any  court-martial,  when  there- 
unto required  by  a  summons  from'  the  president ;  or  shall 
neglect  to  return  any  such  summons,  in  his  own  proper  per- 
son, before  such  court-martial;  shall  forfeit  and  pay  for  every 
such  offence,  a  fine  not  less  than  five,  nor  more  than  twenty- 
five  dollars. 

5.  Every  commissioned  officer,  for  disobedience  of  orders,  < 
neglect  of  duty,  unofficer-hke  conduct  and  behaviour,  or  dis- 
respect to  a  superior  officer ;  or  for  neglect  to  furnish  him- 
self with  a  uniform  and  side-arms,  within  six  months  after 

he  receives  his  commission  ;  shall  be  arrested  and  brought 
to  trial  before  a  court-martial,  who  may,  on  conviction, 
sentence  him  to  be  cashiered,  and  may  impose  a  fine  not 
exceeding  ninety-five  dollars,  or  may  sentence  him  to  any 
part  of  said  punishment  or  penalties,  or  to  be  reprimanded 
or  suspended,  as  the  said  court-martial  shall  think  proper. 

6.  Every  non-commissioned  officer,  for  neglecting  or  re- 
fusing to  act  as  such  when  duly  appointed,  shall  be  sentenced 
to  pay  a  fine,  not  exceeding  twenty,  nor  less  than  five  dollars. 

7.  Every  non-commissioned  officer,  musician  or  private, 
who  shall,  on  any  day  of  parade,  neglect  or  refuse  to  obey 
the  orders  of  his  superior  officers,  or  to  perform  such  military 
duty  or  exercise  as  may  be  required,  or  shall  depart  from  his 
colours,  post  or  guard,  or  leave  the  ranks  without  permis- 
sion, shall  be  sentenced  to  pay  a  fine  not  exceeding  twentv-' 
five,  nor  less  than  two  dollars. 

§  53.  All  fines  imposed  by  the  brigade  court-martial,  shall   FJ:ieshoweoJ 
be  collected  in  the  manner  prescribed  in  the  first  Article  of 
this  Title  ;  except  that  the  president  of  the  court  shall,  within 
isixty  days  after  any  fines  have  been  imposed,  issue  his  war- 

43 


338  INFANTRY  AND  ARTILLERY. 

rant  for  their  colle2tion,  directed  to  the  keeper  of  the  jail  in 
the  city  and  county,  or  in  thekiounty  in  which  the  deUnquent 
shall  reside  ;  and  except  also,  that  the  jailer  shall  set  at  lib- 
erty, any  person  confined  by  virtue  of  such  warrant,  after  he 
shall  have  been  in  close  confinement  for  fifteen  days. 

HovT  «ppiied,  §  54.  All  such  fines,  when  collected,  after  deducting  the 
pay  of  the  president  and  judge-advocate,  and  of  the  marshal, 
constable,  or  special  deputy,  and  all  necessary  expense  for 
room  hire,  stationary  and  printing,  shall  be  divided  amongst, 
and  paid  to,  the  several  commandants  of  regiments  and 
separate  battalions,  in  the  brigade  in  which  such  fines  shall 
have  been  collected,  in  proportion  to  the  whole  amount  of 
fines  collected  from  said  regiment  and  separate  battalions, 
respectively  ;  but  in  such  manner,  that  the  expenses  incurred 
in  and  about  the  trial  of  delinquencies,  and  other  offences, 
returned  from  each  regiment,  or  arising  therein,  shall  be  de- 
frayed out  of  the  fines  which  may  have  been,  or  may  after- 
wards be  collected  therefrom,  as  far  as  the  same  may  go. 

SXersorcourl  5  55.  The  president  of  the  court,  and  the  judge-advocate, 
shall  each  be  entitled  to  two  dollars  per  day,  while  on  actual 
duty ;  and  none  of  the  other  members  of  the  court  shall  be 
paid  for  their  services ;  but  it  shall,  nevertheless,  be  their 
duty  to  attend  the  said  court. 

co»\Mo(pTosecM-  5  56.  When  any  officer,  arrested  upon  charges  preferred 
against  him,  shall  be  convicted,  he  shall  pay  the  costs  of  the 
prosecution ;  and  if  he  be  acquitted,  the  court  shall  have 
power,  in  its  discretion,  to  direct  the  costs  to  be  paid  by  the 
prosecutor,  or  person  preferring  such  charges;  and  the  pre- 
sident shall  issue  his  warrant  for  the  collection  thereof,  in  the 
same  manner  as  for  the  collection  of  a  fine. 

La"  section  qua-  ^  57.  The  last  preceding  section  shall  not  extend  to  any 
arrest  made  by  the  commandant  of  the  brigade,  or  the  com- 
mandant of  any  regiment  or  separate  battalion  therein,  on 
charges  preferred  by  the  officer  arrestmg. 

commandantt  to      §  53^  The  commaudauts  of  resriments  and  separate  batta- 

account  for  n»o-         '  •  •  1 

niM-  lions,  shall,  on  the  first  Tuesday  in  May,  in  each  year,  render 


INFANTRY  AND  ARTILLERY.  380 

an  account,  on  oath,  of  all  the  monies  by  them  respectively- 
received  and  expended,  to  the  commandant  of  their  brigade. 

§  59.  They  shall  apply  and  expend  such  monies  toward  b^!;;!fj,JJ£i^" 
the  payment  of  regimental  expenses,  as  has  been  heretofore 
custonlary ;  and  if  any  balance  shall  remain  in  their  hands, 
upon  the  rendering  of  such  account,  unexpended  or  unappro- 
priated, they  shall  pay  the  same  to  the  commandant  of  their 
brigade,  to  be  by  him  applied  towards  paying  the  expenses 
of  the  brigade. 

^  60.  Each  brigade-inspector  shall  keep  a  roster  of  all  the       Eost«r. 
officers  in  his  brigade,  below  the  rank  of  major. 

§  6L  All  officers,  non-commissioned  officers,  privates,  and  ex^m^tfrfnsof^rr^ 
musicians,  of  any  troop,  or  company  of  artillery,  not  in  the  yorZ  ^^^  ^°'  ^' 
city  of  New- York,  now  attached  to  the  command  of  the  com-  * 
mandant  of  the  sixth  brigade,  or  to  any  regiment  thereof,  shall 
continue  to  be  attached  to  the  same  ;  and  while  so  attached, 
they  shall  be  entitled  to  all  the  privileges  and  exemptions  that 
are  enjoyed  by  the  officers,  non-commissioned  officers,  and 
privates,  of  such  brigade  of  artillery,  and  be  subject  to  the  . 
same  duties,  and  in  hke  manner  answerable  for  all  delinquen- 
cies and  offences. 

ARTICLE  THIRD. 

OP   THE    riRST    BRIGADE    OF   LIGHT    ARTILLERY. 

'  62.  What  to  compose  "  first  brigade  of  light  artillery ;"  how  "to  be  equipped. 
63.  Rights,  privileges,  exemptious,  and  duties,  of  said  brigode. 


§  62.  The  two  regiments  of  light  artillery,  in  the  counties  How  composed 
of  New- York,  Kings,  Queens,  Richmond,  Suffolk,  and  West-  '"  ^"^""'^^^  " 
Chester,  now  organized  into  a  brigade,  shall  continue  to  be  a 
brigade,  to  be  denominated  the  "  First  Brigade  of  Light  Ar- 
tillery ;"  and  the  several  troops  and  companies  composing 
the  same  shall  be  armed  and  equipped  as  cavalry,  and  liable 
to  duty  as  light  artillery  ;  but  nothing  in  this  section  contain- 
ed shall  prevent  the  commander  in  chief  from  disbanding  said 
brigade,  if,  in  his  opinion,  it  shall  become  proper  or  expedient. 

§  63.  The  officers,  non-commissioned  officers,  musicians,    P-Jviic-ges  and 

'   exemptions. 

and  privates,  belonging  to  such  brigade,  shall  have  and  enjoy 


340 


INNS  AND  TAVERNS. 


all  the  rights,  privileges,  and  exemptions,  and  be  subject  to  all 
the  duties,  as  to  the  number  of  parades,  both  of  officers,  non- 
commissioned officers,  and  privates,  and  liable  to  the  same 
penalties,  vviiich  are  granted  to,  and  imposed  upon,  the  first 
and  sixth  brigades  of  New- York  state  artillery,  and  any 
troop  or  company  of  light  artillery,  attached  thereto. 


IN^S  AJVD  TAVERXS. 


Revised  Laws,  Vol.  l,p.  407. 
ACT  TO  REDUCE,  ifec.  1813. 

1.  Recognizance  from  tavern  keepers  how  taken,  and  prosecution  for  brcachef, 

2.  Commissioners  for  collecting  excist  in  New-York. 

3.  Selling  without  license  declared  a  misdemeanor. 

4.  Ten  dollars  for  license. 

5.  License  required  for  selling  above  five  gallons. 

6.  Duration  and  etiect  of  licenses. 

7.  Compensation  to  aldermen  and  assistants. 

8.  Good  character  and  citizenship  required  to  obtain  licens*. 

9.  License  money  to  be  applied  to  support  of  poor. 

10.  Duty  of  tavern  keepers. 

11.  Competency  of  jurors  and  witnesses. 

12.  Penalties  how  recoverable. 

13.  Section  2  of  Act  of  1824,  April  10,  amended, 

14.  Duty  of  mayor,  alderman,  and  assistant. 

15.  Penalty  for  selling  without  license. 


from^Lv^em!'       ^-  §  CCXLIV.  And  be  it  further  enacted,  That  the  recogni- 
wker^'   ^^^^  zances  which  shall  hereafter  be  given  and  entered  into  by  per- 
sons licensed  to  retail  any  spirituous  liquors  to  be  drank  in 
his  or  her  house,  out-house,  yard  or  garden,  within  the  city 
and  county  of  New- York,  in  pursuance  of  the  sixth  section 
of  the  act,  entitled  "  an  act  to  lay  a  duty  on  strong  liquors, 
and  for  regulating  inns  and  taverns,"  passed  7tli  April,  1801, 
instead  of  being  entered  and  acknowledged  to  or  in  the  name 
of  the  people  of  the  state  of  New- York,  shall  be  given  to  and 
taken  in  the  name  of  the  said  mayor,  aldermen,  and  common- 
com.  council  to  alty ;  and  the  said  mayor,  aldermen,  and  commonalty,  in 
breaches  thereof,  common  couucil  couvencd,  shall  take  such  order  in  relation 
-to  prosecutions  for  breaches  of  such  recognizances,  and  shall 
And  to  make  or- also  from  time  to  time  make  such  ordinances  to  regulate 
late  taverns.       tavcms  ill  the  Said  city,  as  they  may  deem  suitable  and  ne- 
cessary to  preserve  the  good  order  and  welfare  of  the  same. 


INNS  AND  TAVERNS.  341 

IForty-Seventh  Session, — Vol.  6,  c.  p.  256.] 

CHAP.  CCXV. 

AN  ACT  to  amend  an  act,  entitled  "  An  act  to  lay  a  Duty  on 
Strong  Liquors^  and  for  Regulating  Inns  and  Taverns,^  so 
far  as  it  relates  to  the  City  of  New-York^  and  for  other 
purposes. 

Passed  April  10,  1824. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the      Preamble 
city  of  New-York  have,  by  their  petition  under  their  corpo- 
rate seal,  prayed  for  the  passage  of  the  following  law^:  There- 
fore, 

2.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  fo?c™neSnrthe 
represented  in  Senate  and  Assembly,  That  the  mayor  of  the  York!'*"^'  *"^' 
city  of  New- York,  together  with  the  aldermen  and  assistants 

of  the  said  city,  and  no  other  person  or  persons  whatsoever, 
shall  be  the  commissioners  for  collecting  the  duty  of  excise 
of  and  from  the  several  venders  or  dealers  of  strong  or  spi- 
rituous liquors,  in  the  several  wards  of  said  city,  in  which 
such  aldermen  or  assistant  aldermen  shall  respectively  re- 
side ;  and  shall  have  power  and  authority,  in  pursuance  of  the 
provisions  of  the  act,  entitled  "  An  act  to  lay  a  duty  on  strong 
liquors,  and  for  regulating  inns  and  taverns,"  or  of  any  act 
amending  the  same,  and  in  pursuance  of  the  provisions  of  the 
charter  of  the  said  city,  to  grant  licenses  to  such  persons  as 
they  shall  deem  fit  and  proper,  to  retail  strong  or  spirituous 
liquors,  or  to  keep  an  inn  or  tavern,  pubhc  ordinary,  or  vic- 
tualling house,  within  the  said  city. 

3.  §  II.  And  be  it  further  enacted.  That  every  person  who    gpiiing  without 
shall  sell  by  retail,  or  deliver  in  pursuance  of  any  sale  in  the  anSemc^anor! 
said  city,  any  wine,  or  strong  or  spirituous  liquors,  to  be 

drank  in  his  or  her  house,  out-house,  yard  or  garden,  without 
license  as  aforesaid,  every  such  person  shall,  in  addition  to 
the  penalties  for  such  offence  prescribed  in  and  by  any  act 
of  the  legislature,  or  by  the  charter  of  the  said  city  of  New- 
York,  be  considered  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  fine  and  imprisonment,  or  either,  at  the  discre- 
tion of  the  court  having  cognizance  of  the  offence. 


343  INNS  AND  TAVERNS. 

liTSe^lT  '"'  4.  §  III.  ^7i6?  be  it  further  enacted,  That  the  sum  to  be 
charged  and  demanded  by  the  said  commissioners,  for  each 
and  every  license  to  be  granted  by  the  first  section  of  this 
act,  shall  be  ten  dollars  and  no  more,  any  thing  in  any  law  of 
this  state,  or  the  charter  of  the  said  city,  to  the  contrary  not- 
withstanding ;  and  no  other  license  or  demand  shall  be  made 
for  vending  spirituous  liquors  in  said  city  but  as  is  provided 
for  in  this  act. 

f^ol'^euingTbovJ      ^'  §  I^'  "^^^  ^^  U  furtkcr  enacted,  That  it  shall  not  be  law- 
sgaiions.  f^^i  ^Qj,  gj^y  person  or  persons  in  the  said  city,  to  gell  any 

strong  or  spirituous  liquors  above  five  gallons,  without  being 
licensed  by  the  said  commissioners,  as  provided  for  in  the 
first  section  of  this  act,  under  the  penalty  of  twenty-five  dol- 
Proviso.  lars  for  every  offence :  Provided,  That  nothing  herein  con- 
tained shall  apply  to  any  sales  made  by  any  importer  or  dis- 
tiller, of  any  liquors  imported  or  distilled  by  them. 

f?c"tonkengel^'^'  ^'  ^  ^'  ^^^  ^^  '^^  further  enacted.  That  all  such  licenses 
shall  be  issued  and  shall  take  effect  at  such  times  as  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New- York,  in  com- 
mon council  convened,  may  from  time  to  time  direct.  And 
further.  That  no  such  license  shall  continue  and  be  in  force 
for  a  longer  term  than  the  first  day  of  May  next  succeeding 
the  time  they  shall  take  effect. 

Compensation.  7.  ^  VI.  Aud  he  it  further  enacted,  That  the  aldermen  and 
assistant  aldermen  of  the  respective  wards  of  the  said  city, 
who  shall  so  attend  upon  the  granting  of  said  licenses,  shall 
receive  such  compensation  for  each  and  every  day  they  shall 
respectively  so  attend,  as  the  said  common  council  may  from 
time  to  time  allow,  to  be  paid  out  of  the  treasury  of  the  said 
city. 

Good  character      8.  §  VIII.  And  he  it  further  enacted.  That  no  such  license 

and     citizenship     ,     .,  /  .  -^  ,       .  .        ,  .    .  - 

required.  shall  be  granted  to  any  person  who  is  not,  m  the  opmion  of 

the  said  commissioners,  of  good  moral  character,  and  who  is 
not  a  citizen  of  the  United  States :  Provided  nevertheless, 
that  it  shall  be  lawful  for  the  said  commissioners  in  their 
discretion  to  grant  such  licenses  to  such  aliens  as  are  now 
licensed  for  the  purposes  aforesaid,  in  said  city. 


INNS  AND  TAVERNS.  843 

9.  J  VIII.    And  be   it  further  enacted,    That  all  monies  \o[Tipp\TeTffr 
which  shall  be  paid  and  collected  by  virtue  of  this  act,  shall  be  ^"pp°"  °^p°°'' 
applied  towards  the  support  and  maintenance  of  the  poor  of 

the  city  of  New- York. 

10.  §  IX.  And  be  it  further  enacted,  Th^i  no  i^LYern-keeiperf  kee"pL°&c*^*™ 
grocer,  or  keeper  of  an  ordinary  or  victualling-house,  or  pub- 
lic garden,  in  the  city  of  New- York,  shall  permit  any  riotous 

or  noisy  persons  to  be  assembled  in  his  house,  out-house,  gar- 
den or  premises,  on  Sunday,  nor  shall  he  sell,  or  suffer  to  be 
sold,  or  expose  for  sale,  on  said  day,  any  strong  or  spirituous 
liquors,  or  permit  or  suffer  any  excessive  drinking,  or  per- 
sons to  be  drunk  within  such  house, garden,  or  premises,  nor  on 
any  day  shall  permit  any  manner  of  unlawful  gaming,  quarrel- 
ling, or  disorderly  practice  or  conduct,  nor  keep  any  billiard 
table,  nor  any  other  instrument  or  device  used  for  gaming,  or 
knowingly  harbor  or  entertain  persons  of  ill  fame  or  character 
in  any  such  house  or  premises  ;  and  that  it  shall  and  may  be  sJ'pprelsed^^*" 
lawful  for  the  mayor  of  the  said  city,  in  conjunction  with  the 
aldermen  and  assistant  aldermen,  to  hear  and  determine,  in  a 
summary  way,  any  complaint  which  may  be  preferred 
against  any  tavern-keeper,  grocer,  or  keeper  of  any  ordinary 
or  victualling  house,  or  public  garden,  in  the  ward  in  which 
such  aldermen  and  assistant  aldermen  shall  reside,  for  any 
offence  in  the  premises,  and  in  case  they  shall  judge  it  pro- 
per, to  deprive  such  person  of  his  license. 

11.  §  X.  And  be  it  further  enacted,  That  nothing  contained  Jurors.witncsBc*, 
in  this  act  shall  in  any  way  affect  any  suit  for  any  penalty 
heretofore  incurred  under  the  act  hereby  amended,  or  any 

act  in  addition  to,  or  amendatory  thereof;  and  that  it  shall 
be  no  objection  to  the  competency  of  any  juror  or  witness, 
in  any  suit  to  be  brought  in  the  city  of  New- York  for  a  pe- 
nalty under  this  act,  or  under  any  other  penal  act,  that  such 
person  is  a  taxable  inhabitant  or  citizen  of  said  city. 

12.  §  XI.  Andbe  it  further  enacted,  That  it  shall  be  lawful  reco^S. ''^'^ 
for  the  said  mayor,  aldermen  and  commonalty  of  the  city  of 

New- York,  to  sue  for,  prosecute  and  recover,  in  their  own 
name,  but  for  the  use  of  the  poor  of  the  said  city,  in  any  court 
of  competent  jurisdiction,  every  penalty  and  forfeiture  incur- 
red in  the  said  city,  under  the  act,  entitled  "  An  act  to  lay  a 


344  INNS  AND  TAVERNS. 

duty  on  strong  liquors,  and  for  regulating  inns  and  taverns  ;" 
and  that  actions  therefor  m£ty  be  brought  in  the  supreme 
court,  or  any  court  of  common  pleas,  and  if  judgment  shall 
be  obtained  against  the  defendant,  common  pleas  costs  shall 
be  recovered,  and  if  the  defendant  shall  obtain  judgment,  he 
shall  only  be  entitled  to  recover  such  costs. 


[Fiftieth  Session.— Vol  7.  c.  p.  307.] 

CHAR  CCLXXX. 

AN  ACT  to  define  and  amend  the  second  section  of  the  act,  en- 
titled "  An  act  to  amend  an  act  to  lay  a  Duty  on  Strong  Li- 
quors,  and  for  regulating  Inns  and  Taverns,  so  far  as  it  re- 
lates to  the  City  of  New-York^  and  for  other  purposes  ^^* 
passed  April  10,  1824. 

Passed  April  14,  1827. 

Whereas  doubts  have  arisen  whether  any  penalty  can  be 
recovered  against  persons  selling  liquor  without  license  in 
the  city  of  New- York,  under  and  by  virtue  of  the  second  sec- 
tion of  this  act :  Therefore, 

V  §  13.  jBe  it  enacted  by  the  People  of  the  State  of  New-York,. 
Sections  of  act  represented  in  Senate  and  Assembly,  That  every  person  who 
amended.  '  ^  "  '  shall  scll  by  retail,  in  the  city  of  New- York,  or  deliver  in 
pursuance  of  any  sale  in  the  said  city,  any  wine  or  strong  or 
spirituous  liquors  to  be  drank  in  his  or  her  house,  out-house, 
yard,  garden,  or  premises,  without  being  licensed  according 
to  law,  shall  forfeit  and  pay  the  sum  of  twenty-five  dollars  for 
every  such  offence,  to  be  recovered  with  costs  of  suit,  in  the 
name  of  the  mayor,  aldermen,  and  commonalty  of  the  city  of 
New- York,  for  the  use  of  the  poor  of  said  city,  in  any  court 
having  cognizance  thereof. 


INNS  AND  TAVERNS.  345 

[Forty-Eighth  Session.— Vol.  l,a.p.  389.] 
CHAP.  CXCVI. 

AN  ACT  to  amend  the  act,  entitled  "  An  act  to  amend  an  act, 
entitled  "An  act  to  lay  a  Duty  on  Strong  Liquors,  and  for 
regulating  Inns  and  Taverns,  so  far  as  it  relates  to  the  City    - 
of  New-York,  and  for  other  purposes, ^^  passed  April  \0, 1824. 

Passed  April  IC,  1825. 

15.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-      Licenses. 
York,  represented  in  Senate  and  Assembly,  That  none  of  the 
provisions  of  the  act  hereby  amended,  shall  be  construed  to 
require  any  other  persons  than  the  mayor  of  the  city  of  New - 

York,  and  the  alderman  and  assistant  of  the  ward  in  the  said  anKssLanrTn 
city  in  which  such  alderman  and  assistant  shall  be  elected,  which  they  are 
to  determine  upon  the  propriety  of  issuing  (as  commissioners  ^"  ^  " 
for  collecting  the  duty  of  excise,  under  the  act  hereby  amend- 
ed,) or  to  issue  or  sign  any  license  to  any  person  or  persons, 
as  venders  or  dealers  of  strong  or  spirituous  liquors,  in  or 
for  the  ward  of  said  city  in  w^hich  such  alderman  and  assis- 
tant shall  be  elected  ;  and  the  said  mayor  and  the  said  alder- 
man, and  assistant  of  each  respective  jvard,  or  a  majority  of 
them,  shall  exercise  all  the  powders  under  the  act  hereby 
amended,  in  and  for  the  ward  in  which  such  aldermen  and 
assistants  shall  be  elected. 

16.  §  II.  And  be  it  further  enacted,  That  if  any  person  or  penalty  for  sen 
persons  m  the  said  city,  shall  sell  by  retail,  or  deliver  in  pur-  cense, 
suance  of  any  sale  in  the  said  city,  or  allow,  consent  to,  or 
permit  any  wine,  or  strong  or  spirituous  liquors  sold  by  re- 
tail, or  delivered  in  pursuance  of  any  sale  in  the  said  city,  to 
be  drank  in  his  or  her  house,  out-house,  or  garden,  or  in  or 
upon  his  or  her  premises,  without  being  licensed  according 
to  the  law  as  hereby  amended,  he,  she,  or  they  shall,  for 
every  such  offence,  be  considered  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  the  like  pains,  penalties,  and  punish- 
ments prescribed  in  the  second  section  of  the^  said  law  here- 
by amended:  And  further.  That  all  the  provisions  of  this 
law,  shall  apply  to  the  law  hereby  amended,  in  the  sarfte  man- 
ner, and  to  all  intents  and  purposes,  as  if  this  law  was  in- 
corporated in  and  made  a  part  thereof  in  the  place  and  in- 
stead of  any  part  or  parts  thereof  that  maybe  considered  re- 
pugnant hereto. 

44 


346  INSPECTION— OF  flour  and  meal. 

/ 

INSPECTION  OF  FL.OUR  AND  MEAL. 

Revised  Statutes,  Vol.  1.^.536. 

INSPECTION  OF  PROVISIONS,  PRODUCE,  AND  MERCHANDISE.* 

Art.  1.— Of  the  inspection  of  flour  and  meal. 
Art.  2.— Of  the  inspection  of  beef  and  pork. 
Art.  3.— Of  the  inspection  of  pot  and  pearl  ashes. 
Art.  4.— Of  the  inspection  of  fish. 
•       ^  Art.  5.— Of  the  inspection  of  fish  or  liver  oil. 

Art.  G. — Of  the  inspection  of  lumber. 

Art.  7. — Of  the  inspectitm  and  culling  of  staves  and  heading. 
Art.  8. — Of  the  inspection  of  flax  seed. 
Art.  9.— Of  the  inspection  of  sole  leather. 
Art.  lO.-^Of  the  inspection  of  hops. 
Art.  11.— Of  the  inspection  of  distilled  spirits. 
Art  12.— Of  the  inspection  of  leaf  tobacco  in  the  city  of  New- York. 
Art.  13.— General  provisions. 

ARTICLE  FIRST. 

OF  THE  INSPECTION  OF  FLOUR  AND  M^AL. 

Sect.  3.  Flour  and  meal  not  to  bo  exported  from  this  state,  unless  inspected ;  exceptions. 
•2.  When  and  where  to  be  inspected,  and  when  to  be  re-inspeCted. 

3.  Flour  and  meal  manufactured  in  this  state  for  exportation,  to  be  packed  in  casks. 

4.  Dimensions  of  casks. 

5.  6,  7, 8.  Casks  how  viiarked  and  branded. 
9.  When  packed  and  branded,  inspector  to  inspect  same. 

10.  His  duty  in  so  doing. 

11.  No  cask  containing  Indian  meal  to  be  branded,  unless  made  of  kiln-dried  corn. 

12.  Inspector  to  deliver  to  owner,  flour  and  meal  taken  from  cask. 

13.  Flour  and  meal  not  made  i»  this  state,  to  be  inspected  before  sale  in  New- York. 
H.  Penalty  for  shipping  flour  and  meal  without  being  inspected. 
15.' Vessels  suspected  to  contain  flour,  &c.  shipped  contrary  to  law,  to  be  searched. 

16.  Inspector  may  seize  and  sell  all  flour  or  meal  so  shipped ;  his  proceedings. 

17.  Penalty  for  offering  casks  of  flour  or  meal,  on  which  tare  is  undermarked. 

18.  Penalty  for  undermarking  tare  of  cask. 

19.  Penalty  for  exporting  casks  marked  "  light." 

20.  Penalty  for  neglecting  to  have  flour  or  meal  inspected  at  place  of  exportation. 

21.  Penalty  for  altering  brand  marks. 

22.  Penalty  for  ofl'ering  for  sale  mixed  flour,  as  good  wheat  flour. 

23.  Penalty  for  transporting  into  New-York,  Indian  meal,  upon  deck  of  vessel. 

*  By  the  charter  of  the  city,  January  15, 1730,  p.  73,  the  mayor,  aldermen  and  commonalty 
of  the  said  city,  and  their  successors,  that  the  common  council  of  the  said  city,  for  the  time 
•  being,  or  the  major  part  of  them,  shall  have  full  power  and  authority  to  license  or  appoint  by 
warrant,  under  the  common  seal  of  the  said  city,  or  otherwise,  one  or  more  surveyors  of  flour, 
.  bread,  beef,  pork,  and  other  provisions,  measurers  of  grain,  salt,  and  all  other  commodities, 

gaugers  of  wine,  beer,  ale,  cider,  rum,  brandy,  and  all  other  saleable  or  exciseable  liquors, 
&c.  and  to  displace  all  or  any  of  them,  and  put  others  in  their  room,  and  to  add  or  diminish 
the  number  of  them,  or  any  of  them,  as  often  as  the  said  common  council  of  the  said  city,  or 
the  major  part  of  them,  shall  think  fit.  The  common  council  in  pursuance  of  this  power  in 
the  charter,  formerly  appointed  surveyors  of  flour,  &c.  measurers  of  grain,  &c.  embracing 
all  the  subjects  now  included  in  our  inspection  laws.  The  colonial  assembly  of  the  province 
and  the  legislature  of  the  state,  have  from  time  to  time  resumed  or  assumed  jurisdiction  over 
most  of  tlie  subjects  enumerated  above,  and  liave  regulated  the  appointment  by  legislative 
enactments. 


INSPEGTION— -OF  FLOUR  and  meal.  347 

24.  No  inspector  to  purchase  or  sell  flour  or  meal,  except  for  his  own  use ;  penalty. 

25.  Not  to  be  connected  with  any  flour  manufacturer  or  merchant  ^  penalty. 

26.  Inspector  in  New- York,  when  to  give  certificate  of  quality  of  flour,  &g. 

27.  Genuineness  of  such  certificate,  how  verified;  presumptive  evidence. 

28.  Inspectors  in  New- York,  Albany,  and  Troy,  may  appoint  assistaiits,  &c, 

29.  Inspector  in  New-York  may  execute  his  duties  in  adjoining  counties. 

30.  Compensation  of  inspectors. 

31.  New- York  inspector. 

§  1.  No  wheat  flour,  rye  fiour,  Indian  meal,  or  buckwheat  ^?^Jen''fJ"\,e^^'i 
meal  shall  be  shipped  for  exportation  from  this  state,  except-  ^p^^^*^- 
ing  to  be  earned  down  the  Susquehannak,  or  on  the  lakes,  or 
the  river  St.  Lawrence,  unless  it  shall  have  been  inspected, , 
approved  and  branded,  according  to  the  provisions  of  Jliis 
Article.     But  this  prohibition  shall  not  extend  to  any  flour 
or  meal,  which  shall  be  brought  from  any  other  stale,  through 
one  of  the  canals,  and  which  shall  have  been  inspected  and 
branded,  according  to  the  laws  of  such' state.  (23) 


itij. 


§  2.  All  flour  or  meal  purchased  for  exportatic^i,  shall  be 
inspected  at  the  place  of  exportation ;  and  if  shipped  be- 
tween the  first  day  of  May  and  the  first  day  of  October,  shall 
be  re-inspected  at  the  time  it  shall  be  shipped,  unless  it  shall 
have  been  inspected  within  thirty  days  previous  to  such 
shipment. 

§  3.  All  wheat  flour,  rye  flour,  Indian  meal,  or  tuck^wheat    now  packed, 
meal,  manufactured  for    exportation  in  this  state,  shall  be 
packed  in  good  and  strong  casks,  made  of  seasoned  oak,  or 
other  sufficient  timber,  and  hooped  with  at  least  ten  hoops, 
three  of  which  shall  be  on  each  chime,  and  properly  nailed. 

§  4.  The  casks  shall  be  of  two  sizes  only;  one  size  shall  sizcorcasks-. 
contain  one  hundred  and  ninety-six  pounds  of  flour  or  meal, 
with  staves  of  twenty-seven  inches  long,  and  each  head  six- 
teen and  one  half  inches  in  diameter ;  the  other  size  shall 
contain  ninety-eight  pounds,  with  staves  twenty-two  inches 
long,  andeach  head  fourteen  inches  in  diameter,  or  with  st.aves 
twenty-sev6n  inches  long,  and  each  head  not  more  than  twelve 
inches  in  diameter  ;  but  Indian  meal  may  likewise  be  packed 
in  hogsheads,  which  shall  contain  eight  hundred  pounds. 

§5.  The  casks  shall  be  made  as  nearly  straight  as  may  and ^frliS''''^ 
be,  and  their  tare  shall  be  marked  on  one  head  with  a  mark- 

(23)  This  article  was  compiled,  with  some  variations  and  additions,  from  th«»  following 
■tatutcs  :— 2  R.  L.  320 ;  Laws  of  1822,  p  117 ;  1827,  p.  323. 


348>  INSP^ECTION— OF  flour  and  meal. 

ing  iron ;  they  shall  likewise  be  branded  with  the  weight  of 
^  ,      the  flour  and  meal  contained  therein,  and  with  the  initials  of 

.  the  christian  name  and  the  sm'name  of  the  manufactm'ers 

thereof,  at  full  length,  except  hogsheads  of  Indian  meal,  on 

which  the  weight  only  shall  be  branded. 


Casks  how  mark- 
ed and  branded. 


§  6.  Every  such  cask  of  wheat  flour  shall  be  branded  as 
follows  :  if  of  a  very  superior  quality,  "  Extra  Superfine  ;" 
if  of  a  quality  now  branded  "Superfine,"  with  the  word 
"  Superfine  ;"  if  of  a  third  quality,  "  Fine ;"  if  of  a  fourth 
•quality,  "  Fine  Middlings  ;"  if  of  a  Fifth  quality,  "  Mid- 
dliilgs  ;"  if  of  a  sixth  quality,  "  Ship  Stuffs." 


iMd.  §  7.  Each  cask  of  rye  flour  intended  for  the  first  quaHty, 

shall  be  branded  with  the  words  "  Superfine  Rye  Flour ;" 
and  each  cask  intended  for  the  second  quahty,  with  the 
words  "  Fine  Rye  Flour." 

Ibid.  §  8.  Each  cask  of  Indian  meal  shall  be  branded  with  the 

w^ords  "  Indian  Meal ;"  and  each  cask  of  buckwheat  meal, 
with  the  letter  and  word  "  B.  Meal." 


Inspector  to  in- 
spect. 


§  9.  When  the  flour  and  meal  has  been  packed,  and  the 
casks  branded,  according  to  the  preceding  provisions,  appli- 
cation may  be  made  to  an  inspector  of  flour  and  meal,  and  it 
shall  be  his  duty  to  examine  and  determine  the  quality  of  the 
flour  and  meal. 


Hiiduty.  §  10.  It  shall  be  the  duty  of  the  inspector, 

1.  To  ascertain,  by  examination,  the  weight  of  all  the 
casks  which  he  may  suspect  of  being  falsely  tared  : 

2.  To  alter  and  correct  the  brands,  in  all  cases  where  he 
skall  be  of  opinion  that  they  do  not  designate  the  real  qua- 
lity of  the  flour  or  meal:  ;jH 

3.  To  w^eigh  such  casks  as  he  shall  suspect  not  to  contain 
the  full  weight,  and  if  they  do  not  contain  the  full  weight,  to 
brand  them  with  the  word  "  Light :" 

4.  To  brand  all  casks  containing  flour  or  meal  so  damaged 
as  not  to  be  fit  for  exportation,  with  the  word  "  Bad :" 

And  lastly,  on  all  casks  made,  branded  and  packed,  ac- 
cording to  the  provisions  of  this  Article,  to  brand  in  a  legi- 
ble manner  on  the  quarter,  the  initials  of  his  christian  name 


INSPECTION— OF  FLOUR  AND  MEAL.  3^ 

and  his  surname,  at  full  length,  together  with  the  name  of  the 
county  where  the  inspection  has  been  made. 

§  11.  No  inspector  shall  brand  any  cask  containing  Indian    Indian  meai. 
meal,  unless  the  same  shall  have  been  made  of  corn,  proper- 
ly kiln  dried,  and  shall  be  ground  fine  and  bolted. 

§  12.  The  inspector,  if  required,  shall  deliver  to  the  owner  tarrrrom  S! 
or  his  agent  all  flour  or  meal  taken  from  a  cask,  with  the  '"  i"spe">ng- 
auger  or  instrument  that  he  shall  use  for  the  purpose  of  in- 
spection, under  the  penalty  of  twenty-five  dollars,  to  be  re- 
covered by  the  owner,  in  addition  to  his  actual  damages  ^nd 
costs  of  suit. 

§  13.  All  flour  or  meal  not  manufactured  within  this  state,  /'our  ^^^iJ  in  n. 

•■  York,  when  to  be 

which  shall  be  ofiered  for  sale  in  the  city  of  New- York,  in  inspected, 
casks,  except  damaged  flour  sold  as  such  at  auction,  shall  be 
inspected  previous  to  its  being  so  offered,  in  the  same  man- 
ner as  flour  intended  for  exportation,  and  be  subject  to  all 
the  provisions  and  penalties  of  this  Article. 

§  14.  Everv  person  who  shall  ship,  or  attempt  to  ship,  for  penalty  for  ghip- 

*     ^  „  1  •  J  ping  flour  or  meal 

exportation  irom  this  state,  any  flour  or  meal  not  inspected  not  inspected, 
and  branded  according  to  the  provisions  of  this  Article,  shall 
forfeit  the  same  ;  and  every  person  who  shall  have  exported 
from  this  state  any  such  flour  or  meal,  shall  forfeit  the  sum 
of  five  dollars  for  every  cask  so  exported.  ' 

§  15.  Everv  inspector  shall  have  power  to  enter  on  board  Power  and  duties 

r  1  T^  •  1  1     r-       n  of  inspector. 

of  any  vessel  between  sunrise  and  sunset,  to  search  for  flour 
or  meal  that  he  may  suspect  to  have  been  shipped  contrary 
io  the  provisions  of  this  Article  ;  and  every  person  who  shall 
obstruct  any  inspector  in  the  execution  of  this  duty,  shall 
be  deemed  guilty  of  a  misdemeanor,  punishable  by  fine  or 
imprisonment,  or  both,  in  the  discretion  of  the  court  by  which 
he  shall  be  tried. 


§  16.""  It  shall  be  the  duty  of  every  inspector  to  seize  and 
take  into  his  possession  all  flour  and  meal  that  he  shall  dis- 
cover to  have  been  shipped,  or  attempted  to  be  shipped, 
contrary  to  the  provisions  of  this  Article.  He  shall  sell  the 
same  at  public  auction,  giving  at  least  five  days'  public  no- 


Ibid. 


350  INSPECTION— OF  FLOUR  and  meal. 

tice,  in  some  newspaper  printed  in  the  county  or  place  for 
which  he  is  appointed,  of  the  time  and  place  of  such  sale  ; 
and  shall  pay  the  proceeds,  deducting  ten  per  cent,  for  his 
trouble  and  expenses,  to  the  superintendents,  or  other  per- 
'  sons  having  the  charge  of  the  poor,  in  the  county  or  place 
where  the  seizure  shall  be  made. 

ing^when^tare'is  §  1'^.  Evcry  pcrsou  knowiugly  offering  for  sale  any  cask 
un  ennar  e  .  ^^  flour  or  meal,  upon  which  the  tare  shall  be  undermarked, 
or  in  which  there  shall  be  *  a  less  quantity  of  meal  than  is 
branded  thereon,  shall  forfeit  five  dollars  for  every  cask  so 
undermarked,  or  deficient,  one  half  to  the  use  of  the  person  who 
shall  be  injured,  and  shall  prosecute  for  the  same,  with  such 
other  damages  as  he  shall  sustain,  and  the  other  half  to  the 
use  of  the  poor  of  the  city  or  town  where  the  recovery  shall 
be  had. 

For  undermark-      §  18.  Evcry  manufacturer  of  flour  or  meal,  who  shall  un- 

iiig  tare,  &.C.  •»  y  7 

dermark  the  tare  of  any  cask,  or  shall  put  therein  a  less 
quantity  of  meal  than  is  branded  thereon,  shall  forfeit  the 
sum  of  five  dollars  for  every  cask  so  undermarked,  or  defi- 
cient, one  half  to  the  person  who  shall  be  injured,  and  shall 
prosecute  for  the  same,  with  such  other  damages  as  he  shall 
sustain,  and  the  other  half  to  the  use  of  the  poor  of  the  city 
or  town  where  the  conviction  shall  be  had  ;  but  such  penalty 
shall  not  be  recovered,  when  the  light  weight  shall  appear  to 
have  been  occasioned  by  some  accident  unknown  to  such 
manufacturer,  and  which  happened  after  the  packing  of  the 
cask. 

For  exporting        §  19.  Evcry  pcrsou  wlio  shall  etport  from  this  state  any 
'^      "  '         flour  or  meal  in  casks,  which  shall  have  been  marked  "  fight" 
by  an  inspector,  shall  forfeit  the  sum  of  five  dollars  for  every 
cask  so  branded  and  exported. 

For  npciect  to  §  20.  Evcry  purcliaser  of  flour  or  meal  for  exportation, 
meal  inspected,  who  shall  ncglcct  to  havc  the  same  duly  inspected  and 
branded  at  the  place  of  exportation,  according  to  the  provi- 
sions of  this  Article,  shall  forfeit  the  sum  of  five  dollars  for 
every  cask  so  purchased  and  not  inspected,  although  such 
cask  may  have  been^inspected  and  branded  previous  to  such 
purchase. 


INSPECTION— OF  FLOUR  and  meal.  351 

§  21.  Every  person  who  shall  alter  or  counterfeit  any  Jg^^arks"'""^"''' 
brand  marks,  whether  state  or  private,  made  under  the  pro- 
visions of  this  Article,  shall  forfeit  the  sum  of  one  hundred 
dollars  fof  every  cask,  the  brand  of  which  shall  be  so  altered  or 
counterfeited ;  and  every  person  who  shall  put  any  flour  or 
meal  in  an  empty  cask,  branded  by  an  inspector,  and  offer 
the  same  for  sale  in  such  cask,  without  first  cutting  out  the 
brands,  shall,  for  each  cask,  forfeit  the  sum  of  five  dollars. 

§  22.  Every  person  who  shall  knowingly  offer  for  sale,  as  f'«;/«"ing  "^i^^d 
good  wheat  flour,  any  flour  which  shall  be  found  to  contain 
a  mixture  of  Indian  meal,  or  any  other  mixture,  or  any  un- 
sound flour,  shall  forfeit  for  every  cask  the  sum  of  five  dol- 
lars ;  and  for  the  payment  of  this  penalty,  the  flour  shall  be 
liable,  arid  may  be  seized  and  sold  by  the  inspector, 

§  28.  Every   person  having  charge  of  any  vessel,  who  indiVrmearoS 
shall  transport  into  the  state  of  New- York  any  Indian  meal  ^'^^^^ 
upon  the  deck  of  the  vessel,  shall  forfeit  twenty  cents  for  eveiy 
barrel,  and  eighty  cents  for  every  hogshead  of  such  meal. 

§  24.  No  inspector  of  flour  or  meal  shall  purchase  or  sell  ^''TiTfiZ' '^■ 
any  flour  or  meal,  except  for  his  private  use,  or  be  directly  ""*^*^' 
or  indirectly  concerned  in  any  such  purchase,  under  the  pe- 
nalty of  five  hundred  dollars  for  each  offence. 

§  25.  No  such  inspector  shall  be  in  any  manner  connected  ^^'^'^■ 
in  business  or  trade,  with  any  flour  manufacturer  or  flour 
merchant,  or  act  as  agent  for  any  such  manufacturer  or  mer- 
chant, or  any  other  person,  in  the  purchase  or  sale  of  flour 
or  meal ;  and  every  inspector  who  shall  violate  this  provi- 
sion, shall  forfeit  his  office,  and  shall  be  for  ever  thereafter  in- 
capable of  acting  as  an  inspector,  under  any  of  the  inspection 
laws  of  this  state. 

§  26.  It  shall  be  the  duty  of  the  inspector  of  flour  in  the  lospector  to  give 
city  and  county  of  New- York,  whenever  required,  to  certify  '"'^'^''*^^- 
under  his  hand,  the  quality  of  any  flour  inspected  by  him, 
and  the  state  and  condition  thereof,  and  of  the  barrels  con- 
taining the  same,  specifying,  as  particularly  as  may  be,  the 
extent  of  any  damage,  appearing  on  such  inspection;  the  ap- 
,  parent  cause  thereof,  whether  by  exposure  or  injury  in  trans- 


852  INSPECTION— OF  flour  and  meal. 

portation,  or  in  consequence  of  the  original  putting  up  of 
such  flour ;  and  also  specifying  the  brands  or  other  marks 
upon  the  casks  inspected,  and  the  name  of  the  consignees 
thereof.  For  every  such  certificate,  the  inspector  shall  be 
entitled  to  receive  ten  cents  for  every  folio  of  one  hundred 
words  contained  therein. 

enZfeT''  ^""^  §  ^7.  Evcry  such  certificate  shall  be  presented  to  the  clerk 
of  the  city  and  county  of  New- York,  and  if  he  shall  be  sa- 
tisfied that  it  is  genuine,  and  that  the  person  signing  the  same  . 
is  inspector  of  flour  and  meal  for  that  city,  he  shall  endorse 
thereon  his  own  certificate  to  that  effect,  under  his  hand  and 
seal  of  office  ;  and  every  certificate  of  an  inspector  thus  veri- 
fied, shall  be  presumptive  evidence,  in  all  courts,  of  the  facts 
therein  contained. 

Assistants.  §  28.  The  iuspcctor  of  flour  and  meal  in  the  city  of  New- 

York,  and  such  inspector  in  each  of  the  cities  of  Albany  and 
Troy,  may  appoint  as  many  assistants  to  assist  him  in  the 
execution  of  the  duties  of  his  office,  as  he  may  deem  neces- 
sary, who  shall  hold  their  office  during  his  pleasure  ;  and  for   , 
'  whose  acts,  all  of  which  shall  be  performed  in  his  name,  he   '■ 

shall  be  responsible.  i 

Powers  of  inspec-      §  29.  Such  insDcctor  for  the  city  and  county  of  New- York, 

tonnJS'ew-York.         ""  i        i      •  r*  i  •         rn  • 

may  execute  the  duties  of  his  office,  in  any  county  immedi- 
ately adjoining.  He  shall  appoint  a  deputy  in  the  county  of 
Kings,  to  inspect  all  flour  and  meal  manufactured  for  inspec- 
tion in  that  county ;  which,  when  so  inspected,  may  be  ex- 
ported from  that  county,  and  from  any  other  part  of  the  state, 
in  the  same  manner  as  if  inspected  in  the  city  of  New- York. 


CHAP.  CCC. 

AN  ACT  to  amend  the  act  Part  First,  Title  First,  Chapter 
Seventeenth,  of  the  Revised  Statutes,  ^^  Of  the  Inspection  of 
Flour  and  Meal" 

Passed  April  26,  1832. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Fees.  30.  §  1.  Every  inspector  of  flour  and  meal  shall  be  enti- 

tled to  receive  the  following  compensation  for  his  servicer. 


INSPECTION— OF  FLOUR  AND  MEAL. 


353 


to  be  paid  by  the  person  offering  such  flour  or  meal  for  in- 
spection; For  inspecting,  boring,  branding,  and  plugging 
every  hogshead,  three  cents,  every  barrel  or  half  barrel,  one 
cent,  when  inspected  in  tlie  city  and  county  of  New- York, 
and  two  cents  when  inspected  in  any  other  county.  For 
weighing  and  ascertaining  the  light  weight,  or  under  tare  of 
any  hogshead  under  tare,  thirty  cents;  of  any  barrel  or  half 
barrel,  six  cents. 


§  2.  Section  thirty  of  the  act  hereby  amended,  is  repealed.      Repeal. 


31.  §  3.  The  inspector  of  flour  in  the  city  of  New- York, 
in  his  annual  report  to  the  legislature,  shall  give  a  detailed 
statement  of  his  disbursements,  in  which  he  shall  state  the 
amount  paid,  to  whom  paid,  when  and  for  what  purpose, 
which  return  shall  be  made  under  oath. 


New-York  in- 
spector. 


*  Various  acts  have  been  passed  both  by  the  colonial,  and  since  the  organization  of 
the  present  government,  regulating  the  inspection  and  exportation  of  flour.  In  the  year 
1750,  November  24,  V.  S.  vol.  1,  p.  294,  an  act  was  passed,  entitled  an  Act  to  prevent  the 
exportation  of  Flour  and,the  false  tareing  of  bread  and  flour  casks.  The  preamble  recites, 
that  whereas  in  all  well  regulated  states  the  greatest  care  is  taken  to  have  their  staple  com- 
modities put  under  proper  regulations,  and  as  the  flour  of  this  colony  (its  gre.itest  staple) 
has  in  a  great  measure  lost  its  reputation  abroad;  tlierefore  in  order  to  preserve  and  retrieve 
the  same,  &c.  the  act  then  requires  all  bolters  of  flour,  and  bakers  of  bread  for  exportation, 
to  have  a  brand-mark  and  brand  every  cask  of  flour  and  bread,  under  a  certain  penalty,  and 
to  cause  him  to  enter  his  brand  mark,  together  with  his  name  and  place  of  abode,  witli  the 
clerk  of  the  court  of  sessions,  &c.  Many  other  acts  have  been  passed,  altering,  amending, 
repealing,  modifying,  reviving,  and  improving  the  law  upon  this  subject.  See  the  list  of  acts 
ia  this  vol. 


45 


354  INSPECTION— OF  beep  akd  pork. 

ARTICLE  SECOND. 

OF  THE  INSPECTION  OF  BEEP  AND  FORK.* 


Sjsct.  31.  Beof  and  pork  not  to  be  exported  without  Inspection; 

32.  Exceptions  from  the  preceding  section. 

33.  Penalty  for  violating  two  last  sections. 

34.  Inspectors  of  beef  and  pork  to  give  bond. 

35.  To  provide  store  or  yard,  when  storage  allowed. 

-**  36.  Barrels  for  re-packing  beef  and  pork,  how  to  be  made. 

37.  Dimensions  of  barrels. 

38.  What  staves  and  heads  to  be  made  of. 

39.  Hoops  to  be  well  set,  &.c. ;  barrels  how  to  be  branded ;  size  of  half-banels. 

40.  In  what  barrels  beef  and  pork  re-packed  in  certain  counties,  may  be  packed. 

41.  Inspector  to  brand  none  but  well  fatted  and  properly  packed  beef  and  pork. 

42.  Different  qualities  of  pork. 

43.  How  much  salt  and  pickle  to  be  put  into  cacli  barrel. 

44.  No  thin  oj  bad  pork  to  be  branded  under  the  foregoing  provisions. 

45.  What  beef  may  be  re-packed  for  exportation. 

46.  Different  qualities  of  beef,  and  of  what  each  shall  consist. 

47.  How  much  salt,  &c.  to  be  put  into  each  barrel. 

48.  Bloody  and  neck  pieces  of  beef,  hovr  to  be  prepared. 

4'J.  Beef  and  pork  re-packed,  how  pickled  ;  duty  of  inspectors,  if  casks  are  too  large. 
'■  50.  Weight,  &c.  of  every  barrel  to  be  branded  on  its  head. 

51.  How  b^ef  killed  according  to  customs  of  Jews,  to  be  packed,  &c. 

52.  Provisions  of  two  sections  of  Article  1st,  to  apply  to  beef  ahd  pork  In  New- York. 

53.  Fees  of  inspectors. 

54.  Penalty  on  inspector  for  being  concerned  in  purchasing  cattle  or  hoga  for  ealo 

55.  Penalty  on  inspector  for  inspecting,  &c.  out  of  his  own  county. 

56.  The  store  and  yard  of  inspector  in  New- York  to  be  on  margin  of  river. 

57.  Penalty  on  persons  not  being  inspectors  for  branding  casks,  &c. 

58.  Penalty  for  exposing  beef  or  pork  to  sun.  Sec,  after  inspection. 

59.  Penalty  for  intermixing  or  shifting  beef  or  pork  after  being  branded. 

60.  Penalty  for  slaughtering  cattle  or  hogs  contrary  to  this  Article. 

61.  Penalty  for  altering  inspectors'  mark,  &c. 

Beef  and  pork      §  31.  No  bccf  or  pork,  with  the  exceptions  stated  in  the 

epected.  next  sectioH,  shall  be  exported  or  shipped  for  exportation 

from  this  state,  unless  it  shall  have  been  previously  inspected, 

♦  It  appears  by  the  charter  of  the  city,  p.  73,  the  common  council  were  invested  with  au- 
thority to  appoint  surveyors  of  beef  and  pork.  They  were  appointed  in  the  early  colonial 
government  of  the  city.  What  their  power  and  duties  were,  except  as  indicated  by  their 
title  •'  Surveyors,"  it  is  difficult  to  ascertain  from  our  judicial  history.  The  first  legislative  act 
to  be  found  in  our  statute  book  upon  the  subject  was  passed  3d  of  November,  1740,  V.  S.  vol 
1,  p.  267,  entitled  an  act  to  prevent  abuses  in  the  re-packing  of  beef  and  pork.  The  preamble 
recites,  whereas  frequent  complaints  have  been  made  of  abuses  committed  in  the  re-pack- 
ing of  beef  and  pork,  and  putting  the  brand-markof  the  city  of  New- York  on  barrels  con- 
taining beef  and  pork  imported  from  other  places,  particularly  North  Carolina,  Virginia,  and 
Maryland,  to  the  disreputation  and  undervaluing  of  beef  and  pork  of  the  produce  of  this 
colony  exported  from  hence  ;  to  prevent  which  abuses  for  the  future,  the  act  then  directs 
how  the  different  qualities  of  beef  and  pork  shall  be  packed  and  branded,  the  size  of  the 
casks,  the  packer's  oath,  and  the  penalties  for  violating  the  act.  This  act  was  amended  by 
an  acfpassed  19th  of  May,  1744,  V.  S.  vol.  1,  p.  238,  which  authorized  the  re-paekers  in  the 
city  of  New-York  to  brand  half  barrels.  From  this  period  to  the  present  time,  numerous 
acts  have  been  passed  in  relation  to  this  subject,  wiiich  may  be  found  on  a  roferenee  to  the 
list  of  acts  in  this  volume. 


INSPECTION— OP  BEEF  AND  PORK.  »55 

pickled  and  branded  by  an  inspector  duly  qualified,  and  ac- 
cording to  the  provisions  of  this  Article.  (24) 

§  32.  The  preceding  section  shall  not  extend  to  beef  or  iwd.  Exoeptk»a. 
pork,  exported  or  shipped  to  either  of  the  provinces  of  Up- 
per or  Low^er  Canada,  by  wslj  of  the  lakes,  or  of  the  river 
St.  Lawrence  ;  nor  to  the  beef  or  pork  brought  into  this 
state  from  any  of  the  United  States,  and  packed  and  branded 
agreeably  to  the  laws  of  the  state  whence  it  is  brought;  nor 
shall  it  be  construed  to  prevent  any  licensed  butcher  from 
putting  up  beef  in  barrels,  half  barrels,  tubs  or  kegs,  for  ship 
stores,  or  in  kegs  or  tubs  for  exportation,  if  such  beef  be  put 
up  by  the  butcher  killing  the  same,  and  the  name  of  such  but- 
cher, and  the  weight  contained,  be  branded  on  the  head  of 
each  barrel,  half  barrel,  keg,  or  tub. 

§  83.  Every  person  who  shall  ship,  or  attempt  to  ship,  any      penalty, 
beef  or  pork,  contrary  to  the  provisions  of  the  two  last  sec- 
tions, shall  forfeit  the  sum  of  fifteen  dollars  for  every  barrel 
and  half  barrel  so  shipped  or  attempted  to  be  shipped. 

5  34.  Every  inspector  of  beef  and  pork,  before  he  shall  en-  ineiM»tor'«  bond. 
ter  on  the  duties  of  his  office,  shall  give  a  good  and  sufficient 
bond,  with  one  or  more  sureties,  to  the  people  of  this  state,  to 
be  approved  of  by  the  clerk  of  the  county  in  which  such  in- 
spector may  reside,  both  as  to  the  form  of  such  bond,  and  the 
competency  of  the  surety  or  sureties,  in  the  penalty  of  two 
thousand  dollars,  conditioned  for  the  faithful  performance  of 
his  duties  as  such  inspector,  under  the  laws  of  this  state;  . 

which  bond  shall  be  duly  filed  in  the  office  of  such  county  clerk.  ' 

§35.  Every  such  inspector  shall  provide  himself  with  a  store  or  yard, 
good  and  sufficient  store  or  yard,  capable  of  receiving  and 
storing  such  beef  and  pork  as  may  be  brought  to  him  for  in- 
spection, in  such  place  as  will  be  most  accommodating  to 
employers,  and  best  calculated  to  facilitate  their  business ; 
but  nothing  shall  be  allowed  for  storage  of  any  inspected 
beef  or  pork,  if  it  shall  be  removed  and  taken  away  within 
three  days  after  notice  given  to  the  owner  or  agent  of  its 
being  re-packed. 

(24)  Compiled,  with  ponic  amp.ndmenls.lfrom  the  following  stftfu>o«  :  2K.  L.  324;  LawB 
..f  1814,  p.  140  ;   leiS,  p.  23?;  HiSl,  p.  9 ;  1&25.  p.  437. 


356 


Barrels  how 
m«de,  &.e. 


Ibid. 


INSPECTION OF  BEEF  \SD  PORK. 

§  36.  All  bam-els  in  which  any  beef  or  pork  shall  be  re- 
packed, shall  be  made  of  go^d  seasoned  white  oak  or  white 
ash  staves  and  heading,  free  from  every  defect;  and  each 
barrel  shall  contain  two  hundred  pounds  of  beef  or  pork. 

§  37.  Such  barrels  shall  measure  seventeen  and  a  half 
inches  between  the  chimes,  and  be  twenty-eight  inches  long, 
and  be  hooped  with  twelve  good  hickory,  white  oak,  or  other 
substantial  hoops  ;  if  the  barrel  be  made  ofash  staves,  it  shall 
be  hooped  with  fourteen  hoops  at  least. 


Ibid. 


§  38.  Such  staves  and  heads  shall  be  made  of  good  tliick 
stuff,  the  heads  not  less  than  three  quarters  of  an  inch  thick, 
and  each  and  every  stave,  on  each  edge,  at  the  bilge,  shall 
not  be  l(5ss  than  half  an  inch  thick,  wdien  finished. 


Ibid.  §  39.  Such  hoops  shall  be  well  set  and  drove,  and  the  bar- 

rels branded  on  the  bilge  with  at  least  the  initial  letters  of  the 
cooper's  name  ;  the  half  barrels  shall  contain  not  less  than 
fifteeAiy  nor  more  than  sixteen  gallons,  and  be. made  in  pro- 
portion to,  and  of  like  materials  as  a  whole  barrel,  and  shall 
contain  one  half  the  quantity  of  beef  and  pork  of  the  whole 
barrel. 


Ibid. 


§  ;^.  All  beef  and  poi'k,  Avliich  shall  be  re-packed  in,  and 
exported  from  the  counties  of  Suffolk,  Kings  and  Queens, 
may  be  packed  in  barrels  as  nearly  straight  as  n:iay  be,  made 
of  good  seasoned  red  oak  staves  and  heading  of  the  growth 
of  the  said  counties  respectively,  free  from  sap  and  every  de- 
fect, and  made  otherwise  as  above  directed  ;  and  without 
being  subject  to  a  re-examination,  may  be  exported  from  the 
city  of  New- York. 


Inspector  to  ex- 
amine. 


§  41.  Every  inspector  shall  examine  and  sort  all  beef  and 
pork  that  he  shall  inspect,  and  shall  brand  none  but  such  as 
is  well  fatted,  and  packed  in  casks  of  the  proper  dimensions. 


Quaiitiesofpork.      §  ^^-  There  shall  be  three  qualities  of  pork,  that  may  be 
branded  on  inspection : 

1.  The  first  quality  shall  be  denominated  "mess  pork,** 
and  shall  consist  of  the  sides  of  s^ood  hi  hogs,  exclusive  of 


INSPECTION— OF  BEEF  AND  PORK.  -  ^1 

all   other   pieces ;  and  each  barrel  containing   it,  shall  be 
branded  on  one  of  its  heads,  "  Mess  Pork :" 

2.  The  second  quality  shall  be  denominated  "  prime  pork," 
of  which  there  shall  not  be,  in  a  barrel,  more  than  three 
shoulders,  the  legs  being  cut  off  at  the  knee  joint,  nor  more 
than  twenty-four  pounds  of  heads,  which  shall  have  the  ears 
and  snouts  cut  off,  the  snouts  cut  off  to  the  opening  of  the  jaws, 
and  the  brains  and  bloody  grizzle  taken  out  of  the  heads  ;  and 
pork  to  constitute  a  barrel  of  prime,  shall  be  made  up  of  side 
the  rest  of  the  pieces,  rieck  and  tail  pieces  ;'  and  one  head  of 
every  barrel  of  such  pork,  shall  be  branded,  "Prime  Pork  ;" 

3.  The  third  quality  shall  be  denominated  "  cargo  pork," 
of  which  there  shall  not  be  in  a  barrel  more  than  thirty  pounds 
of  head  and  four  shoulders,  it  shall  be  otherwise  merchanta- 
ble pork  ;  and  shall  be  branded  on  one  head  of  each  barrel, 
"  Cargo  Pork :" 

4.  Side  pork  so  re-packed,  shall  be  cut  from  the  back-bone 
to  the  belly,  in  pieces  of  about  five  inches  wide,  and  which 
in  weight  shall  not  be  under  four  pounds ;  otherwise  the 
barrels  containing  the  same  shall  not  be  branded  as  mer- 
chantable. 

§  43.  Into  every  barrel  of  pork  branded  by  an  inspector,  sait  and  pickie. 
under  the  preceding  section,  there  shall  be  put  not  less  than 
sixteen  quarts  of  salt,  equal  in  weight  to  good  and  pure 
Turk's-Island  salt,  and  a  strong  new  pickle;  but  if  .such 
pork  is  inspected  and  branded  when  fresh,  then  there  shall 
not  be  less  than  twenty-four  quarts  of  salt  of  the  same  qua- 
lity above  designated  put  into  every  barrel,  exclusive  of 
strong  new  pickle. 

§  45.  No  thin,  soft,  rusty,  meazley  or  tainted  pork,  shall      Bad  pork. 
in  any  case  be  branded  under  the  foregoing  provisions ;  but 
pork  of  that  description  shall  be  marked  by  the  inspector  on 
the  head  of  every  barrel  containing  it,  with  paint,  and  by 
such  marking  its  true  character  shall  be  designated. 


hat  beef  lo  be 
je-parked  for  ex- 


§  45.  No  beef  shall  hereafter  be  re-packed,  in  barrels,  for   ^^' 
exportation,  unless  it  be  for  fat  cattle  not  under  three  j^ears  po"''^*'^" 
old;  and  all  such  beef  shall  be  cut  into  pieces,  as  square  as 
may  he,  and  which  shall  not  exceed  twelve,  nor  be  under  four 
pounds  in  weight. 


^1 


508 


INSPECTION—  OF  BEEF  AND  PORK. 


QttAlitVM. 


§  46.  All  beef  which  an  inspector  shall  find  on  examina- 
tion to  have  been  killed  at  a^  proper  age,  and  to  be  fat  and 
merchantable,  shall  be  sorted  and  divided  for  packing  and 
re-packing,  in  barrels  and  half-barrels,  into  four  different 
sorts,  to  be  denominated  "  extra  mess,"  "  mess,"  "  prime," 
and  '*  cargo  beef." 

1.  Extra  mess  beef  shall  consist  of  none  but  the  most 
choice  pieces  of  the  largest  and  fattest  cattle,  and  weighing 
not  less  than  six  hundred  pounds  of  beef,  excluding  the  hide 
and  tallow; 

2.  Mess  beef  shall  consist  of  the  choice  pieces  of  such 
beef  as  is  large  and  well  fatted,  without  hocks,  shanks,  clod 
or  necks,  and  may,  or  may  not,  contain  two  choice  rounds 
out  of  the  same  cattle,  not  exceeding  ten  pounds  each: 

3.  Prime  beef  shall  consist  of  choice  pieces  of  good  fat 
cattle,  of  which  there  shall  not  be  more  in  a  barrel  than  one 
half  neck,  nor  more  than  two  shanks,  with  the  hocks  cut  off 
of  the  hind-legs  at  the  smallest  place  above  the  joint: 

4.  Cargo  beef  shall  be  of  fat  cattle,  with  a  proportion  of 
good  pieces,  and  not  more  than  one  half  of  a  neck,  three  shanks 
with  the  hocks  cut  off  in  the  same  manner  as  in  prime,  in  a 
barrel,  and  to  be  otherwise  merchantable  : 

On  one  of  the  heads  of  each  barrel  and  half-barrel,  con- 
taining the  proper  quantity  of  beef  of  any  one  of  the  qualities 
above  described,  the  inspector  shall  brand  the  words  "  Ex- 
tra Mess  Beef,"  or  "  Mess  Beef,"  of  "  Prime  Beef,"  or  "  Gar- 
go  Beef,"  according  to  the  quality  of  the  beef  inspected. 


SaH,^- 


§  47.  Into  every  barrel  of  beef  that  shall  be  so  inspected 
and  re-packed  there  shall  be  put  no  less  than  twenty  quarts 
of  salt,  equal  in  weight  to  good  Turks-Island  salt,  four  ounces 
of  saltpetre,  and,  in  addition,  a  strong  new  pickle. 


^^*^Vo"ei'^'^  §  48.  All  bloody  and  neck  pieces  ofbeefoffered  for  inspec- 
tion, before  they  shall  be  put  up  and  branded,  shall  lie  in  salt, 
or  salt  and  pickle,  a  sufficient  length  of  time  to  extract  the 
blood,  to  the  satisfaction  of  the  inspector. 


fickle  how  made  §  49.  All  beef  and  pork  re-packed  within  this  state,  shall 
be  pickled  with  strong  good  pickle,  made  of  any  kind  of 
good  clean  salt,  as  much  as  will  dissolve  in  good  fresh  wa- 
ter ;  and  if  the  barrels  and  half  barrels  shall  be  larger  than 


irCSPECTION— OF  BEEF  AWD  PORK. 

tli6  dimensions  prescribed  in  this  Article,  they  shall  be  con- 
demned by  the  inspector,  or  be  filled  up  by  him  with  good 
pieces  of  beef  or  pork,  at  the  expense  of  the  owner,  if  the 
owner  shall  so  neglect. 


350 


§  50.  On  the  head  of  every  barrel  and  half  barrel  of  mer- 
chantable beef  or  pork,  inspected  and  re-packed,  shall  be  dis- 
tinctly branded  the  weight  it  contains,  with  the  first  letter  of 
the  christian  name,  and  the  surname  at  full  length,  of  the  in- 
spector who  has  inspected  the  same,  or  both  names  at  full 
length,  with  the  words,  "  New- York  City,"  if  inspected  in 
the  city  and  county  ol  New- York  ;  and  the  name  of  the  coun- 
ty, and  the  words  "  State  of  New-York,"  if  inspected  and 
branded  in  any  other  county. 


Barrel?,  huw 
made. 


5  61.  All  beef,  killed  according  to  the  rites  and  customs   Beeffot lews, 
of  the  people  called  Jews,  shall  be  packed  and  put  up  ac- 
cording to  the  directions  of  this  Article,  and  shall  be  branded 
with  the  additional  brand  of  that  society,  and  may  be  packed 
and  put  up  in  ten  and  five  gallon  kegs. 


§  52.  All  the  provisions  of  the  twenty-sixth  and  twenty- 
seventh  sections  in  the  preceding  Article  of  this  Title,  shall 
be  construed  to  apply  to  the  inspector,  and  the  inspection  of 
beef  and  pork  in  the  city  of  New- York,  and  the  certifying  of 
the  damage  thereof,  in  the  same  manner  and  to  the  same  ex- 
tent, as  if  the  words  "  beef  and  pork"  were  inserted  in  those 
sections  in  place  of  the  word  "  flour,"  wherever  it  occurs 
therein. 


Preceding   sec 
UoDs  adopteii. 


§  53.  Every  inspector  shall  have  fifteen  cents  for  each  oompensation  o*- 
barrel,  and  ten  cents  for  each  half  barrel  of  beef  or  pork  he 
shall  inspect,  salt  and  re-pack  ;  ten  cents  for  flagging,  peg- 
ging, nailing,  saltipg,  and  pickling  ;  three  cents  for  each  hoop 
put  by  him  on  any  cask  ;  and  such  fees  shall  be  paid  before 
the  beef  or  pork  inspected  shall  be  taken  from  the  store  or 
yard  of  the  inspector. 


5  54.  No  inspector  of  beef  and  pork  shall  be  in  any  wise 
concerned  in  purchasing  any  cattle  or  hogs,  with  an  inten- 
tion to  pack  the  same  for  sale,  or  in  any  manner  to  become 
a  partaker  of  the  profits  or  loss  of  any  beef  or  pork,  when  the 


Pfohlbitiofl. 


360  INSPECTION—OF  BEEF  AND  PORK. 

same  is  intended  for  packing,  under  the  penalty  of  five  hmi- 
dred  dollars  for  each  offence. 


Ibid. 


Penalty. 


§  55.  No  inspector  shall  inspect,  or  brand,  any  cask  of  beef 
or  pork  out  of  the  city  or  county  for  which  he  shall  be  ap- 
pointed, nor  shall  an  inspector  in  any  case  lend  or  hire  out 
his  brands  to  any  person  whatever,  under  the  penalty  of 
twenty-five  dollars  for  each  barrel  so  inspected  or  branded. 


^''''^  YoTk?^  ^'^"  ^  ^^-  '^^^  store  or  yard  of  every  inspector  in  the  city  and 
county  of  New- York,  shall  be  on  the  margin  of  the  East  or 
North  River,  and  no  such  inspector  shall  inspect  and  re-pack 
any  beef  or  pork,  at  any  ^ther  place  than  in  his  store  or  yard, 
under  the  penalty  of  fifteen  dollars  for  every  barrel  or  cask  so 
inspected. 

Penalty.  §  57.  Every  person,  other  than  an  inspector  duly  author- 

ized, who  shall  brand  any  cask  of  beef  or  pork  in  the  man- 
ner directed  by  this  article,  shall  forfeit  the  sum  of  fifteen 
dollars  for  each  and  every  cask  so  branded. 

Ibid,  §  58.  No  owner  or  dealer  in  beef  and  pork  shall  suffer  the 

same,  after  it  shall  have  been  inspected  to  be  exposed  to  the 
heat  of  the  sun,  or  inclemency  of  the  weather,  longer  than 
twelve  hours,  under  the  penalty  of  five  dollars  for  every  such 
offence. 


Ibid. 


§  59.  Every  person  who  shall  intermix,  take  out  or  shift 
any  beef  or  pork  of  any  barrel  or  cask  inspected  or  branded 
as  in  this  Article  is  required  ;  or  put  into  any  barrel  inspected 
and  branded  any  other  beef  or  pork  for  sale  or  exportation  ; 
or  alter  or  change  the  brand  or  mark  of  any  inspector,  shall 
for  every  such  cask  or  barrel  so  altered,  shifted,  changed,  in- 
termixed or  branded,  forfeit  the  sum  of  twenty-five  dollars. 


Ibid. 


§  60.  Every  person  interested  in  slaughtering  cattle  orr 
hogs,  or  causing  the  same  to  be  slaughtered,  for  the  purpose^' 
of  having  the  same  barrelled  for  inspection,  contrary  to  the 
provisions  of  this  article,  shall  forfeit  the  sum  of  twenty-five 
dollars  for  every  head  of  cattle  or  hogs  so  slaughtered,  or 
caused  to  be  slaughtered. 


INSPECTION— OF  POT  AND  PEARL  ASHES.  361 

ARTICLE   THIRD. 

OP  THE  INSPECTION  OF  POT  AND  PEARL  ASHES.* 

Sbct.  61.  Ashes  not  to  be  Bhipped,  except  to  certain  places,  without  inspection. 

62.  Certain  inspected  ashes  may  be  exported  without  re-inspection. 

63.  Casks  in  whicli  ashes  are  to  be  put. 

64.  Duty  of  inspectors  in  inspecting. 

65.  Penalty  on  inspector  for  entering  on  invoice,  &c.  any  cask  not  weighed. 

60.  Weigh-note,  or  copy,  with  certiticatc  of  county  clerk,  presumptive  evidence. 

67.  If  cask  be  defective,  inspector  to  put  it  in  repair,  if  it  can  be  done  for  75  cents. 

68.  If  not,  cask  to  be  condemned,  and  new  one  furnished  by  inspector. 

69.  Casks  furnished  to  be  noted  on  weigh-note. 

70.  Inspector  to  enter  on  books  and  weigh-note  the  marks  of  casks  repaired  by  him. 

71.  To  keep  ashes  delivered  for  inspection  in  a  dry  place ;  penalty  for  omission. 

72.  May  search  vessels,  and  seize  all  ashes  illegally  shipped. 

73.  To  remove  those  .seized  to  his  store,  &c.  and  to  inspect  them,  &.c. 

74.  Auctioneer  to  sell  them  at  auction.     * 

75.  Penalty  for  receiving  onboard  a  vessel  for  exportation,  ashes  not  inspected. 

76.  Penalty  upon  inspector  trading  in  ashes. 

77.  Ashes,  &c.  in  New- York,  to  be  sold  by  weigh-note  only ;  exception  and  penalty. 

78.  Penalty  for  counterfeiting  brand-marks,  and  for  not  cutting  them  out. 

79.  Penalty  for  misdating  invoice,  &c. 

80.  Inspectors  in  New-York  and  Alba.iy  may  appoint  assistants. 

81.  Fees  of  inspectors. 

82.  Inspectors  allowed  expenses  of  putting  ashes  in  shipping  condition  ;  storage. 

§  61.  No  pot,  or  pearl  ashes  shall  be  shipped  for  exporta-  Ashes  when  to 
tion  from  this  state,  except  to  the  provinces  of  Upper  and  ^'°^^^^^  " 
Lower  Canada,  or  down  the  Susquehartnah  or  Allegany 
river,  unless  they  shall  have  been  duly  inspected  and, brand-  ^ 

ed,  according  to  the  provisions  of  this  Article  ;  and  all 
ashes  shipped  for  exportation,  contrary  to  this  prohibition, 
shall  be  forfdHed  to  the  people  of  this  state. (25) 


lqj|< 


*  It  appears  by  an  act  passed  December  19,  17GG,  V.  S.  vol.  2,  p.  486,  the  manufacturing 
of  Pot  and  Pearl  Aslies,  had  then  but  recently  been  introduced  into  the  colony.  The  pream- 
ble recites,  that,  whereas  the  manufacture  of  pot  ash  and  pearl  ash  hath  been  lately  intro- 
duced into  this  colony,  and  is  likely  to  become  a  considerable  article  of  remittance  to  Great 
Britain ;  and  in  order  to  prevent  frauds  in  the  manufacturing  of  those  articles,  the  act  directs 
the  makers  of  pot  and  pearl  a.sh  to  have  his  name,  and  that  of  the  place  where  it  was  made, 
branded  on  the  cask,  and  imposes  a  penalty  for  neglect,  imposes  a  penally  for  adulterating 
and  offering  adulterated  pot  and  pearl  ash  for  sale,  and  authorizes  proceedings  and  trial 
where  there  is  a  strong  siispicion  of  adulteration,  and  inflicts  forfeitures  upon  masters  of 
vessels  receiving  casks  on  board  without  the  proper  marks.  This  act  was  the  origin  of  legis- 
lation upon  this  subject.  It  expired  January  1, 1770,  and  was  revived  by  an  act  passed  Ja- 
nuary 27, 1770,  V.  S.  vol.  2,  p.  5.55.  This  was  followed  by  an  act  passed  March  12, 1772,  which 
epactcd  many  new  provisions ;  divided  the  different  qualities  of  pot  and  pearl  ashes  into 
sorts ;  directed  the  mode  of  determining  disputes  about  the  (Quality  ;  the  casks,  and  branding 
them ;  tlie  oath,  duty,  and  penalty  for  neglect  of  the  inspector.  Since  the  organization  of 
the  present  government  numerous  acta  have  been  passed,  altering,  and  amending  laws 
relating  to  the  inspection  of  pot  and  pearl  ashes,  as  may  be  seen  by  the  list  of  acts  in 
this  volume.  Perhap.s  no  subject  has  cug'roijsed  a  larger  sha?e  of  the  attcnllon  of  our  kgici 
laturo  than  this,  if  the  nuiltitude  of  acts  found  in  our  statute  book  be  any  evidence  of  it. 

(25)  This  article  was  compiled,  with  some  amcudincuts,  from  the  following  statutes 
Laws  of  1822,  p.  IGO  ;  lf'27,  p.  323. 

4G 


362  INSPECTION— OF  pot  and  pearl  ashes. 

Ibid.  §  G2.  All  pot  and  pearl  ashes  duly  inspected  in  any  city 

or  place  of  trade,  on  the  Hudson  river,  above  the  city  of 
New- York,  or  on  the  Erie  canal,  may  be  exported  from  the 
place  of  such  inspection,  or  be  sold  in  and  exported  from  the 
city  of  New- York,  without  being  subject  to  re-inspection. 


Athes  how  to  be 
put  up. 


§  63.  All  pot  and  pearl  ashes  subject  to  such  inspection, 
shall  be  put  in  casks  of  good  seasoned  white  oak,  or  white 
ash  timber,  well  made,  hooped  with  substantial  hoops,  for 
the  distance  of  at  least  ten  inches  from  each  end;  the  staves 
not  to  be  more  than  thirty-one,  nor  less  than  thirty  inches  in 
length,  and  the  head  of  a  pot  ash  barrel  shall  not  exceed 
twenty  inches,  nor  be  less  than  nineteen  inches  in  diameter; 
and  that  of  a  pearl  ash  barrel  shall  not  exceed  twenty-three 
inches,  nor  be  less  than  twenty-one  inches  in  diameter.  No 
inspector  shall  brand  casks  not  agreeing  w^ith  the  descrip- 
tion given  in  this  section.  (26) 

Duty  of  inepector      §  ^4.  It  shall  be  duty  of  the  inspector  of  pot  and  pearl  ashes, 

1.  To  empty  the  casks  containing  ashes  brought  to  him 
for  inspection,  and  to  examine  and  determine  the  quality  of 
the  ashes,  and  re-pack  the  same,  putting  the  ashes  of  each 
quality  into  a  separate  cask  : 

2.  To  brand,  in  plain  letters  and  figures  on  each  cask  con- 
taining ashes  of  the  first  quality,  the  words  "  First  Sort ;"  of 
the  second  quality,  the  words  "  Second  Sort ;"  and  of  the 
third  quahty,  the  words  "  Third  Sort :"  to Aher  with  the 
words  "  Pot  Aali"  or  "  Pearl  Ash,"  as  the  salie  may  be  ;  also 
his  own  name,  and  that  of  the  place  where  the  ashes  are  in- 
spected ;  and  on  the  one  head,  the  year  when  such  inspection 
is  made : 

3.  To  weigh  each  cask;  and  to  mark,  with  a  marking-iron, 
on  the  branded  head,  the  weight  thereof,  including  tare,  and 
the  weight  of  the  tare,  under  the  same  : 

4.  To  collect  the  crustings  or  scrapings  of  the  barrels  and 
casks  of  potash,  unfit  for  inspection,  having  the  same  brand, 
and  to  weigh  and  put  the  same  in  some  suitable  cask ;  and  to 
deliver  to  the  owner  or  his  agent,  a  weigh-note  signed  by  him 
of  such  scrapings  and  crustings,.  entered  on  the  badv  of  the 
copy  of  the  inspection  bill,  designating  therein  the  quantity 
taken  from  each  lot  separately  marked : 

(26)  Act  of  14th  November,  1828, 


INSPECTION OF  POT  AND  PEAKL  ASHES. 


363 


5.  To  brand  the  word  "  condemned"  on  every  cask  which 

he  shall  discover  to  contain  aslies  fraudulently  adulterated  » 

with  stone,  sand,  lime,  or  other  improper  substance : 

6.  To  make  and  deliver  to  the  owner  or  his  agent,  an  in- 
voice or  weigh-note,  under  his  hand,  of  the  ashes  by  him  in- 
spected, containing  the  weight  of  each  cask  and  of  the  tare, 
and  distinguishing  the  quality  thereof,  in  the  manner  before 
directed,  and  to  enter  the  same,  in  a  book,  to  be  kept  by  him 
for  that  purpose. 

7.  To  make  and  enter  in  his  book  another  invoice  or 
weigh-note,  in  which  shall  be  contained  the  original  private 
marks  and  numbers,  and  the  scrapings  and  crustings  in  each 
lot,  and  the  quality,  weight  and  tare  of  each  barrel,  and  spe- 
cifying, as  particularly  as  possible,  the  extent  and  damage 
appearing  on  such  inspection,  and  the  apparent  cause  thereof, 
whether  by  exposure  or  injury  in  the  course  of  transporta- 
tion, or  in  consequence  of  the  original  putting  up  of  such 
ashes  ;  and  to  deliver,  if  required,  a  true  copy  of  such 
weigh-note  to  the  owner  of  the  ashes  inspected,  or  his 
agent. 

§  65.  If  any  inspector  shall  enter  on  any  invoice,  weigh-  iftionofduty.^ 
note,  or  bill  of  inspection,  any  cask  of  ashes,  before  the  same 
shall  have  been  emptied  out  and  the  cask  weighed,  he  shall 
be  liable  to  a  fine  of  five  dollars  for  each  cask  so  entered ; 
and  also  shall  be  guilty  of  a  misdemeanor. 

§  66.  Every  weigh-note,  or  copy  of  a  weigh-note,  signed  weigh  note, 
or  certified  by  an  inspector,  on  which  there  shall  be  endorsed 
a  certificate,  under  the  hand  and  seal  of  oflice  of  the  clerk  of  the 
county  where  the  inspector  resides,  showing  that  at  the  date 
of  such  weigh-note  or  copy  the  subscriber  was  an  inspector 
of  pot  and  .pearl  ashes,  and  that  the  hand-writing  appears  to 
be  his,  shall  be  received  as  presumptive  evidence  of  the  facts 
contained  therein,  in  all  courts  and  places  in  this  state. 


§  67.  If  any  cask,  containing  pot  or  pearl  ashes,  when  de- 
livered to  an  inspector  for  inspection,  shall  be  defective  and 
unfit  for  shipping,  owing  to  the  want  of  coopering  repairs, 
the  inspector  shall  put  the  cask  in  a  good  shipping  condition, 
if  the  cost  of  such  repairs  shall  not  exceed  the  sum  of  seventy^ 
five  cents. 


Defection  of 
ta*k,3. 


1 


364  INSPECTION—OF  pot  and  pearl  ashes. 

tXconl'iSSi;  §  6®-  If  a  defective  cask  cannot,  in  the  opinion  of  the  in- 
^^-  ^  specter,  be  sufficiently  repaired  for  the  suni  of  seventy-five 
cents,  he  shall  condemn  the  same,  and  shall  furnish  a  sub- 
stantial new  cask,  for  which  he  shall  be  allowed  the  actual 
cost,  not  exceeding  one  dollar  and  twenty-five  cents,  to  be 
paid  to  him  by  the  owner  of  the  ashes  inspected,  or  his  agent. 

ibid.enincstobc  §  69.  Evcry  cask  so. furnished  shall  be  noted  by  the  in- 
spector in  the  weigh-note  and  copy  thereof,  in  which  he  shall 
also  specify  the  original  marks  and  numbers  of  the  cask  for 
which  such  new  cask  is  substituted. 

Ibid.  §  70.  The  inspector  shall  also  enter  in  his  book,  and  on  the 

margin  of  the  weigh-note  delivered  by  him,  the  original 
marks  and  numbers  of  every  cask  repaired  by  him,  and  the 
expense  of  such  repairs. 

Assets  u>  he  kept  §  71.  Every  inspector  shall  keep  all  casks  of  ashes  deli- 
vered to  him  for  inspection,  whilst  they  remain  in  his  posses- 
sion, in  some  dry  place,  safe  from  the  injuries  of  the  weather 
and  under  a  tight  roof;  and  every  inspector  violating  this 
provision,  shall  forfeit  to  the  owner  the  sum  of  ten  dollars  for 
rciKiity,  every  cask  of  ashes  injured  by  his  neglect,  besides  the  ac- 
tual damages  sustained  by  such  owner. 

Powers  and  du-      §  72.  Evcrv  iusDCctor  of  pot  and  pearl  ashes  shall  have 

ticB  or  inspectors.  ^  t.  i  i 

full  power,  and  it  shall  be  his  duty,  to  enter  on  board  of  aay 
ship  or  vessel  within  the*  limits  of  the  city  or  county  for 
which  he  is  appointed,  which  he  shall  suspect  to  have  on 
board  any  ashes  shipped  for  exportation  contrary  to  law, 
and  to  search  for,  and  if  discovered,  to  seize  and  take  into 
his  possession,  all  casks  of  ashes  so  illegally  shipped. 

Ibid.  §  73.  Such  inspector  shall  remove  all  casks  so  seized  by 

him  to  his  store  or  office  of  inspection,  and  shall  there  inspect 
the  same  according  to  the  provisions  of  this  Article,  and  shall 
deliver  a  weigh-note  of  such  inspection,  signed  by  him,  to  an 
auctioneer  of  the  city  or  county  in  which  the  seizure  shall 
be  nfiadc. 

Ibid.  §  '^4.  Such  auctioneer  shall  proceed  to  advertise  and  sell 

such  ashes  by  public  auction,  and  shall  pay  the  proceeds,  dc- 


INSPECTION— OF  POT  AND  PEARI,  ASHES.  365 

ducting  the  customary  expenses  of  sale,  to  such  inspector, 
who,  deducting  therefrom  his-  fees  on  inspection,  and  ten  per 
cent,  for  his  services  and  expenses,  shall  pay  the  balance  to 
the  treasurer  of  this  state. 

§  75.  Every  owner,  consignee,  and  master  of  a  vessel  who  ^^^JiJ^^^f  "eS" 
shall  receive  on  board  of  his  vessel  for  exportation,  contrary 
to  law,  any  cask  of  ashes  not  inspected  and  branded  accord- 
ing to  the  provisions  of  this  article,  shall  forfeit  the  sum  of 
fifteen. dollars  for  every  cask  so  illegally  shipped. 

§  76.  Every  inspector  who,  during  his  continuance  in  of-  ^^"p^cto/^  *^" 
lice,  shall  directly  or  indirectly  buy  or  sell  any  pot  or  pearl 
ashes,  shall  be  guilty  of  a  misdemeanor,  punishable,  on  con- 
viction, by  a  fine  not  exceeding  five  hundred  dollars  ;  and 
every  inspector  so  convicted,  shall  be  for  ever  thereafter  in- 
capable of  holding  any  office  of  honor  or  profit  within  this 
state. 

§  77.  No  pot  or  pearl  ashes,  nor  any  scrapings  or  crust-  Prohibition. 
ings  thereof,  shall  be  bought  or  sold  in  the  city  and  county 
of  New- York,  except  by  retail,  iu  any  other  manner  than  by 
the  weigh-note  of  the  inspector,  who  shall  have  inspected  the 
same  ;  and  every  person  who  shall  violated  the  provisions  rcnaity. 
of  this  section,  shall  forfeit,  for  each  offence,  the  sum  of  one 
hundred  dollars. 

§  78.  Every  person,  who  shall  counterfeit  any  brand-  foSn^^bS' 
marks  of  an  inspector  of  pot  and  pearl  ashes,  or  who  shall  ^''• 
impress  on  any  cask  of  such  ashes  any  brand-mark  that  he 
shall  know  to  be  counterfeit,  shall  forfeit  the  sum  of  five  hun- 
dred dollars  ;  and  every  .person,  who  shall  empty  any  cask 
of  such  ashes  branded  by  an  inspector,  without  cutting  out 
the  brand-marks,  in  order  to  put  therein  any  pot  or  pearl 
ashes  for  sale  or  exportation,  shall  forfeit,  for  each  offence, 
the  sum  of  two  hundred  dollars. 

§  79.  Every  inspector,  who  shall  date  any  invoice,  weigh-  For  misdating  in- 
note,  or  bill  of  inspection,  diflbrent  from  the  time  when  the     ''°'"''  ^''' 
article  was  actually  inspected,  or  shall  deliver  out  of  his  pos- 
session, any  such  invoice,  wcigh-note,  or  bill,  without  any 


366  INSPECTION — of  pot  and  pearl  ashes* 

date,  shall,  upon  conviction,  for  every  such  offence,  forfeit  Ms 
office,  and  be  liable  to  a  fine  of  five  hundred  dollars. 


Assistants. 


§  80.  The  inspectors  of  pot  and  pearl  ashes,  in  each  of  the 
cities  of  New- York  and  Albany,  may  appoint  as  many  assist- 
ants as  they  shall  deem  necessary,  who  shall  take  the  oath  of 
office  prescribed  in  the  constitution,  before  executing  any 
duties  under  such  appointment;  and  for  whose  acts  and 
omissions  their  principal  shall  be  responsible. 

Compensation.  §  81.  Evcry  inspector  shall  be  entitled  to  receive  the  fol- 
lowing fees,  on  the  delivery  of  the  copy  of  the  inspection  bill, 
and  the  weigh-note  of  the  scrapings  : 

1.  For  every  hundred  pounds  of  ashes  inspected  by  him, 
making  the  proper  weigh-notes  and  entries,  emptying  and  in- 
specting the  ashes,  and  putting  the  casks  in  the  same  condi- 
tion as  when  brought  to  him  for  inspection,  ten  cents,  one 
half  to  be  paid  by  the  buyer,  and  one  half  by  the  seller : 

2.  For  every  good  hoop  furnished  by  him  for  a  cask  de- 
fective, when  broug-ht  for  inspection,  four  cents ;  and  for 
every  good  head  so  furnished,  fourteen  cents,  to  be  paid  by 
the  seller  ;  but  no  charge  for  such  repairs  on  a  single  cask, 
shall  exceed  seventy-five  cents  :  . 

3.  For  procuring  the  proper  certificate  of  a  county  clerk, 
on  every  weigh-note,  or  copy  of  a  weigh-note,  delivered  by 
him,  twenty-five  cents : 

4.  For  all  ashes  condemned  by  him  as  adulterated,  the  same 
fees  as  if  the  ashes  had  proved  good,  to  be  paid  by  the  per- 
son offering  such  ashes  for  inspection. 


ances. 


Extra  allow-  §  82.  Evcry  inspector  shall  also  be  allowed  the  actual  ex- 
penses for  putting  in  good  shipping  condition,  after  inspec- 
tion, all  casks  of  ashes  inspected  by  him,  which  expenses  shall 
be  paid  by  the  buyer;  he  may  also  charge  storage,  at  the  usual 
rates,  on  every  cask  inspected  by  him,  that  shall  remain  in  his 
possession  more  than  ten  days  after  it  shall  have  been  inspect- 
ed, and  the  weigh-note  of  the  inspector  shall  have  been  made 
out. 


INSPECTION— OF  FISH.  367 


f 


ARTICLE  FOURTH. 


OF  THE  INSPECTION  OF  FISH.* 

83.  Certain  fish  not  to  be  exported,  &c.  unless  inspected,  &c. 

84.  Inspectors  to  provide  stores  and  yards  for  storing ;  wlien  to  charge  for  same. 

85.  Inspector  in  Jefferson  county  may  appoint  deputies. 
86, 87,  H8.  Barrels  for  packing  fish,  how  to  be  made. 

89.  How  much  salt  to  be  put  in  each  barrel  for  exportation ;  barrel  to  be  branded, 

90.  Inspector  to  brand  merchantable  fish  ;  to  destroy  unsound  fish,  &c. 

91.  If  part  offish  sound  and  part  unsound,  to  separate  them  and  re-pack  barrel,  &c: 

92.  Weight  of  barrels  and  half-barrels  of  salmon  trout ;  weight  to  be  branded  on  head. 

93.  Shad  how  to  be  packed  and  branded. 

94.  Certain  inspected  fish  may  be  shipped  from  New- York  without  rt-exaraination. 

95.  Fish  caught  in  Jefferson,  to  be  inspected  before  removed  from  shore  where  caught . 

96.  Quantity  of  salt  for  fish  put  up  in  that  county ;  barrel  how  branded. 

97.  Penalty  for  removing  or  selling  fish  in  that  county  before  inspected. 

98.  Inspector  in  that  county  may  seize  fish  removed  contrary  to  this  Article. 

99.  If  such  fish  be  not  packed,  &;c.  within  48  hours  after  seizure,  to  be  sold. 

100.  Penalty  for  intermixing  or  shifting  fish  after  inspection  ;  other  penalties. 

101.  Penalty  for  exporting,  &c,  fish  not  inspected. 

102.  Fees  of  inspector. 

103.  Inspectors  allowed  a  reasonable  compensation  for  cooperage,  &c. 

104.  This  Article  not  to  apply  to  fish  packed  in  foreign  country,  or  in  another  state. 

§  83.  No  pickled,  or. dry-salted  fish,  shall  be  exported  from  Fish  when  to  be 
this  state  to  a  foreign  market,  put  up  in  barrels  or  half-bar-  *"^p^^^^  ' 
rels,  unless  it  shall  have  been  inspected  and  branded  agree- 
ably to  the  provisions  of  this  Article.  (26) 

§  84.  Every  inspector  of  fish  shall  provide  himself  with  store  and  yard. 
good  and  sufficient  stores  and  yards,  capable  of  receiving 
and  storing  such  fish  as  shall  be  brought  to  him  for  inspec- 
tion, and  in  such  places,  as  shall  be  most  convenient  for  his 
employers  ;  but  he  shall  make  no  charge  for  the  storage  of 
fish  inspected  by  him,  if  it  shall  be  removed  v^ithin  three 
days  after  notice  given  of  such  inspection. 

§  85.  The  inspector  of  fish  for  the  county  of  Jefferson,  jeffe,son  county, 
may  appoint  one  or  more  deputies,  for  whose  conduct  he 
shall  be  responsible. 

*  Several  acts  have  been  passed  by  the  colonial  assembly,  and  by  the  legislature,  since 
the  organization  of  the  present  government,  for  the  preservation  of  Rsh  in  our  rivers,  bays 
and  lakes.  The  first  act  relating  to  the  inspection  offish  was  that  of  March  19  1808,  5  W. 
p.  382;  This  act  was  amended  by  an  act  passed  J^ovember  8, 1808,  5  W.  p.  438.  These  acts 
are  incorporated  in  the  revision  of  1813,  vol,  2,  p.  330.  The  subsequent  acts  passed  upon 
this  sul)ject  are  revised  in  the  above  title- 

(36)  This  Article  was  compiled,  with  somo  alterations,  from  the  following  statutes  :— 
2  R.  L.  330 ;  Laws  of  1823,  p,  270 ;  and  Laws  of  1825,  p.  268. 


368  INSPECTION— OF  FISH. . 

^*mtde°'^  §  S6-  -Every  barrel  or  hcilf-barrcl,  in  Jvhicli  pickled  fish 
shall  be  packed  for  inspection,  shall  be  mate  of  well  seasoned, 
white,  red,  black  or  rock  oak,  white  ash,  or  white  pine  timber. 

Ibid.  ^  87,  Except  in  the  county  of  Jefferson,  every  such  bar- 

rel or  half-barrel  shall  have  twelve  good  hoops,  and  be  per- 
fectly tight;  the  length  of  a  stave. for  a  barrel  shall  be 
twenty-eight  inches,  and  the  distance,  between  the  chimes, 
not  less  than  twenty-six  inches,  and  the  diameter  of  the  head, 
from  stave  to  stave,  sixteen  and  a  half  inches ;  the  staves 
for  every  half-barrel  shall  be  twenty-four  inches  long,  and 
the  diameter  of  the  head  be  thirteen. inches. 

V 

Ibid.  Jeflbison  §  88.  In  the  county  of  Jefferson,  every  such  barrel  or  half 
county.  barrel  shall  be  perfectly  tight,  and  have  ten  good  hoops  ;  the 
length  of  a  stave  for  a  barrel  shall  be  twenty-seven  inches, 
the  distance  between  the  chimes  not  less  than  twenty-five 
inches,  and  the  diameter  of  the  head,  from  stave  to  stave,  not 
less  than  sixteen  inches ;  and  the  diameter  of  a  half-barrel 
•    shall  be  in  the  same  proportion. 

^ktdbmndea''^       §  89.  It  shall  be  the  duty  of  every'  person  who  shall  put 
up  or  barrel  any  fish  for  exportation,  except  in  the  county 
Jefferson,  to  put  one  bushel  of  good  salt  into  each  barrel 
fish  so  put  up,  and' to  brand  the  same  with  the  name  of  i 
fish  contained  therein,  and  with  the  initials  of  his  own  chri  ■ 
tian  and  surnames,  and  the  name  of  the  place  where  the  ii:>h 
shall  be  put  up. 

rroceedinps  of  §  90.  Evcry  iuspcctor,  to  whom  fish  shall  be  brought  for 
inspector,  inspection,  shall  open  one  of  the  heads  of  the  barrel  in  whit  li 
it  shall  be  contained,  and  if  the  fish  be  sound  and  merchanta- 
ble, and  there  shall  be  a  sufficient  quantity  of  salt  for  its  pre- 
servation, he  shall  brand  his  name,  and  the  place  of  his  resi- 
dence, on  the  head  of  such  barrel ;  if  the  fish  be  unsound,  the 
inspector  shall  destroy  it.  If  the  barrel  be  not  full,  or  do  not 
contain  a  sufficient  quantity  of  salt,  the  inspector  shall  fill  it 
with  sound  and  merchantable  fish,  or  add  a  sufficient  quan- 
tity of  salt,  as  the  case  shall  require. 

Ibid.  §  91.  If  it  shall  appear  to  the  inspector,  that  a  part  of  (lie 

,  fish  so  examined  l)y  him  is  unsound,  and  a  part  sound,  he  shall 


1 


INSPECTlOr^— OF  FI8H.  369 

separate  the  sound  from  the  unsound,  and  re-pack,  fill  up» 
salt,  inspect,  and  brand  the  barrel,  in  the  manner  directed  in 
the  preceding  section* 


Weight  of  I 
moc. 


§  92.  Every  barrel  o[  salmon,  or  salmon-trdutj  inspected, 
shall  contain  two  hundred  pounds  weight,  and  every  half- 
barrel  one  hundred  pounds  weight ;  and  on  one  of  the  heads 
of  every  such  barrel  or  half-barrel,  the  weight  of  the  fish 
contained  therein  shall  be  marked  or  branded  by  the  in- 
spector. 

§  93.  Shad  offered  for  inspection  shall  be  packed  in  barrels       shad. 
and  half-barrels  of  the  size  and  quality  of  those  in  which  beef 
and  pork  are  required,  by  law,  to  be  packed,  and  shall  be  re- 
packed, inspected  and  branded  in  the  same  manner  as  salmon* 

§  94.  All  fish  duly  inspected  in  the  counties  of  Suffolk,  ^^'^ »"  Suffolk, 
Queens  and  Kings,  may  be  shipped  and  exported  from  the 
city  of  New- York,  without  being  subject  to  re-examination. 

§  95.  All  fish  caught  in  the  county  of  Jefferson,  and  packed  cSy"  howT 
for  sale,  shall  be  inspected  and  branded  by  the  inspector  of  ^p'^"''^' ^*^ 
that  county,  or  one  of  his  deputies,  before  they  shall  be  ship- 
ped or  removed  from  the  shore,  on  which  the  seine  is  hauled, 
in  the  bay  or  other  place  where  they  shall  be  caught ;  but  if 
the  fish  shall  be  hauled  up  on  an  island,  where  it  would  be 
difficult  to  have  them  inspected,  they  may  be  removed  to  the 
nearest  place  of  inspection  in  the  county. 

§  96.  Every  barrel  of  fish  put  Up  in  the  same  county,  and  ibia. 
branded  as  "pickled  fish,"  shall  contain  three  pecks  of  good 
salt,  and  every  such  barrel,  branded  as  "  corned  fish,"  shall 
contain  twelve  quarts  of  good  salt ;  and  the  inspector  shall 
\  mark  the  quality  of  the  fish  inspected,  by  branding  the  num- 
ber 1,  2,  or  3,  on  the  head  of  the  barrel  containing  it. 


§  97.  Every  person  in  the  same  county,  who  shall  remove 
or  assist  in  removing,  from  the  place  where  they  ought  to  b© 
inspected,  or  sell  or  offer  to  sell  any  fish,  not  packed  and  in* 
?pected,  according  to  the  provisions  of  this  Article,  (other 
han  such  as  are  intended  to  be  used  as  fresh  fish,  or  for  fa* 
nily  use  ;)  and  every  person  who  shall  receive  on  board  any 

47 


Ibid 


i70  INSPECTION-~oF  fish. 

vessel  or  boat,  or  in  any  wagon  or  other  vehicle,  any  such 
fish,  with  intent  to  aid  in  preventing  its  inspection,  shall  for- 
feit, for  each  offence,  the  sum  of  twenty-five  dollars. 

Ibid.  ^  98.  It  shall  be  the  duty  of  the  inspector  of  fish,  in  the 

county  of  Jefferson,  and  of  his  deputies,  to  seize  and  take  into 
safe  keeping,  any  salt  fish,  that  shall  be  shipped,  or  otherwise 
removed  from  the  place  where  they  ought  to  have  been  in- 
spected, contrary  to  the  provisions  of  this  Article. 

Ibid.  §  99.  If  within  forty-eight  hours  after  such  seizure  and  de- 

tention, the  owner  or  person  having  the  charge  of  such  fish, 
shall  not  cause  the  same  to  be  packed,  inspected  and  branded, 
and  shall  not  pay  the  reasonable  charges  of  such  seizure  and 
detention,  the  inspector  or  deputy  making  the  seizure,  shall 
advertise  and  sell  the  fish  at  public  auction,  within  thirty 
days  thereafter,  and  shall  pay  the  proceeds  of  such  sale,  de- 
ducting ten  per  cent,  for  his  trouble  and  expenses,  to  the 
county  treasurer,  for  the  use  of  the  county ;  and  for  the  re- 
covery of  such  proceeds,  if  not  duly  paid,  the  treasurer  may 
maintain  an  action  in  his  name  of  ofhce. 

Penalty.  §  100.  Every  person  who,  with  intent  to  defeat  the  provi- 
sions of  this  Article,  shall  intermix,  take  out  or  shift  any  fish, 
in  any  barrel  or  cask  inspected  and  branded,  or  put  into  any 
such  barrel  or  cask  any  other  fish,  for  sale  or  exportation,  or 
deface  or  change  the  mark  or  brand  of  any  inspector,. shall, 
for  each  offence,  forfeit  the  sum  of  twenty-five  dollars. 

Ibid.  §  101.  Every  person  who,  contrary  to  the  provisions  of 

this  Article,  shall  export  to  any  foreign  port,  or  offer  to  sell 
for  such  exportation,  any  fish  not  duly  inspected,  shall  forfeit 
a  sum  equal  to  the  full  value  of  the  fish  so  exported  or  of- 
fered for  sale. 

|,-      Yees.  §102.  Every  inspector  of  fish  shall  be  allowed  the  follow- 

ing fees,  to  be  paid  by  the  owner  or  person  having  charge  of 
the  fish  offered  for  inspection :  '  : 

1.  For  every  barrel  of  pickled  fish,  by  him  inspected  and 
re-packed,  thirty-seven  and  a  half  cents,  and  nineteen  cents 
for  every  half-barrel : 


INSPECTION— OF  FISH  OR  LIVER  OIL. 


871 


2.  For  every  barrel  and  half-barrel  of  pickled  fish,  by  him 
inspected,  and  not  re-packed,  twelve  and  a  half  cents : 

3.  For  every  barrel  and  half-barrel  of  dry-salted  fish,  by 
him  inspected,  twelve  and  a  half  cents : 

4.  For  every  tierce  of  salmon,  inspected  by  him,  fifty 
cents  ;  and  for  every  keg,  twelve  and  a  half  cents  ;  and  the 
same  fees  shall  be  allowed  for  fish  condemned  by  the  inspec- 
tor, as  for  fish  inspected,  re-packed  and  branded. 

§  103.  Every  inspector  shall  also  be  allowed  a  reasonable  ^^^'"sau^JJJf^^" 
compensation  for  his  expenses  and  trouble  for  necessary 
cooperage^  for  filling  up  w4th  sound  and  merchantable  fish, 
for  adding  salt,  and  for  destroying  unsound  fish;  and  the 
compensation  and  fees  of  the  inspector  shall,  in  all  cases, 
be  a  lien  on  the  fish  inspected.  , 

§  104.  The  provisions  of  this  Article  shall  not  be   con-     i-imitation. 
strued  to  apply  to  fish  put  up  and  packed  in  foreign  countries, 
and  imported  into  this  state  ;  or  put  up  and  packed  in  any 
other  state  agreeably  to  the  laws  of  such  state. 

ARTICLE  FIFTH. 

OP  THE  INSPECTION  OP  FISH  OR  LIVER  OIL. 


105.  Fish  oil,  in  New-York  and  certain  other  places,  required  to  be  inspected. 

106.  Duty  of  inspectors  of  fish  oil. 

107.  Persons  holding  fish  oil,  to  put  it  in  a  convenient  place  for  inspe«tion. 

108.  Penalty  for  counterfeiting  brands ;  and  other  penalties. 

109.  Powers  of  inspectors  in  New-York  and  Troy. 

110.  Fees  of  in-spectors. 

111.  All  oils,  except  fish  or  liver  oil,  exempt  from  inspection  under  this  Article, 

§  105.  No  liver  oil,  commonly  called  fish  oil,  shall  be 
bought,  sold  or  bartered  in,  or  in  any  manner  shipped,  ex- 
ported or  conveyed  from  the  cities  of  New^-York,  Albany 
and  Troy,  and  the  villages  of  Brooklyn,  Lansingburgh  and 
Waterford,  unless  it  shall  have  been  inspected,  gauged  and 
branded,  agreeably  to  the  provisions  of  this  Article.  (27) 


Liver  oil  to  bo 
inspected. 


§  106.  It  shall  be  the  duty  of  each  inspector  of  fish  oil.      Duty  of  inspector 
1.  To  gauge  and  inspect  any  quantity  of  fish  oil,  whenever 

required ;  and  to  make  search  for  fish  oil  within  his  district,  , 

and  to  inspect  and  gauge  the  same  : 

(17)  Thif  Article  is  a  revision  of  the  foUoTving  statutes  :  Laws  of  1818,  p.  54 ;  1819,  p.  8. 


3t2  INSPECTION-— OF  fish  or  liver  oil. 

2.  To  brand  on  each  cast  so  inspected  and  gauged,  the 
whole  number  of  gallons  it  shall  gauge,  the  quantity  of  wa- 
ter, the  quantity  of  sediment,  and  the  quantity  of  pure  oil 
therein ;  together  with  his  own  name,  and  the  name  of  the 
place  for  which  he  was  appointed : 

3.  To  make,  subscribe,  and  deliver  to  the  owner  or  holder 
of  the  oil,  a  certificate  exhibiting,  in  separate  columns,  the 
quantity  of  each  of  the  before  mentioned  ingredients,  con- 
tained in  the  whole  parcel  of  oil  inspected. 

'^offering^jT"  ^  l^"^-  ^^  s^^^^  ^^  ^^^  ^^*y  ^^  ^^^  persons  holding  fish  oil, 
to  put  the  same  in  a  convenient  position  for  gauging  or  in- 
specting, whenever  required  by  the  proper  inspector. 

reXlki^^^bmiTd"'  ^  ^^®*  -^"^'^ry  person  who  shall  counterfeit  or  alter  the 
brands  made  by  an  inpector ;  or  who  shall  mix,  or  in  any 
manner  adulterate  any  cask  of  oil,  after  it  shall  have  been 
branded ;  or  who  shall  buy,  sell,  or  barter  any  oil  subject 
to  inspection,  which  has  not  been  inspected  in  any  place  in 
which  an  inspector  is  authorized  to  act ;  or  who  shall  con- 

-•  vey,  or  cause  to  be  conveyed  from  such  place,  any  such  oil 

which  has  not  been  inspected ;  or  who,  upon  emptying  any 
cask  of  fish  oil,  shall  not  immediately  efface  the  inspector's 
brands  ;  shall  forfeit  the  sum  of  twenty-five  dollars  for  each 
offence. 

Power!  of  in-  §  109.  The  powcrs  of  the  inspectors  offish  oil  for  the  city 
of  New-York,  shall  extend  to  and  include  the  village  of 
Brooklyn ;  and  those  of  the  inspector  for  the  city  of  Troy, 
shall  extend  to  and  include  the  villages  of  Lansingburgh  and 
Waterford. 

FeM  of  inspector.  §  110.  Every  inspector  for  gauging,  inspecting,  branding, 
and  certifying  the  contents  of  each  cask  of  oil  inspected  by 
him,  shall  be  entitled  to  receive  twenty  cents  from  the  owner 
or  holder  of  such  oil,  who  may  charge  one  half  of  the  fees 
paid  by  him  to  any  subsequent  purchaser. 

®*"im T" ^^'  §  1 1  !•  All  other  oils  than  liver  oil,  commonly  called  fish  oil, 
shall  be  exempt  from  inspection  under  the  provisions  of  this 
Article. 


INSPECTION— OF   LUMBER.  3T3 

ARTICLE  SIXTH. 

OF  THE  INSPECTION  OF  LUMBER. 

112.  Lumber  not  to  be  exported  by  sea,  until  inspected. 

113.  How  lumber  to  be  measured ;  v.hat  deduction  to  be  made ;  bills  to  be  rendered. 

114.  Inspectors  to  mark  number  of  feet  on  lumber. 

115.  Contents  of  mahogany  how  stated  in  bill  of  return. 

116.  Penalty  for  shipping  lumber  without  inspection. 

117.  Penalty  for  shipping  cypress  shingles  without  inspection  and  not  of  a  certain  site. 

118.  Penalty  for  inspecting  lumber  without  authority ;  powers  of  certain  inspectors. 

119.  Inspectors  not  to  employ  deputies ;  not  to  trade  in  lumber. 

120.  Fees  of  inspectors. 

121.  When  inspector  to  be  paid  according  to  agreement  with  his  employer. 

122.  All  shingles  offered  for  sale  in  this  state,  may  be  inspected. 

123.  Bundles  of  shingles  so  inspected,  how  to  be  branded,  &c. 

124.  Duty  of  the  owner  of  shingles  so  presented  for  inspection. 

125.  What  shingles  to  pass  inspection  ;  not  to  bs  subjected  to  re-inspection. 

126.  Penalty  on  inspectors,  deputies,  &c.  for  fraud  or  neglect,  &c. 

127.  Fees  for  inspecting  and  branding  such  slingles. 

§112.   No  timber,  plank,  boards,  scantling,  or  cypress    Timber,  piank, 

^  1,  &c.  to  be  insp«ct- 

shingles,  shall  be  exported  by  sea  from  this  state,  to  any  port  ed. 
out  of  the  territorial  limits  of  the  United  States,  that  shall 
not  have  been  duly  inspected  by  an  inspector  of  lumber,  ac- 
cording to  the  provisions  of  this  Article.  (28) 

§  113.  The  inspectors  of  lumber  shall  measure  the  entire  Howmeaiur«d. 
contents,  without  any  deduction,  of  raft  timber  and  spars ; 
except  in  cases  where  by  express  agreement,  they  are  requir- 
ed both  to  measure  and  inspect;  in  which  cases  there  shall 
be  no  other  deduction  made,  than  what,  in  their  judgment,  is 
the  exact  quantity  of  unsound  timber  contained  therein. 
They  shall  render  to  their  employers,  bills  of  the  lumber  in- 
spected, stating  the  number  of  feet  contained  therein,  and 
whether  the  same  has  been  measured  only,  or  both  measured 
and  inspected ;  and  if  inspected,  they  may  make  and  state 
four  qualities,  if  in  their  opinion  it  becomes  necessary. 


§  114.  The  inspectors  shall  mark  with  a  marking  iron,  on 
all  timber  by  them  inspected,  except  mahogany,  red  cedar 
and  live  oak,  the  number  of  feet  contained  therein,  either  in 
\  cubic  or  superficial  measure  ;  the  number  of  feet  in  maho- 
ganyi  red  cedar  and  live  oak  timber,  shall  be  expressed  in 
their  bills,  severally  annexed  to  the  number  of  each  log ;  and 
lall  raft  timber  shall  be  numbered,  and  the  bills  made  in  like 
jmanner. 

(28)  This  Article,  except  the  last  six  sections,  is  a  revision  of  the  following  statuto  :-- 
1  R.  L.  537 ;  L»ws  of  1819,  p.  47;  Laws  of  1822,  p.  241. 


How  marked. 


374  INSPECTION— OF  lumber. 

■^uw/umben  §  115.  The  inspectors,  when  employed  to  measure  or  in- 
spect mahogany  logs  or  square  timber,  shall  set  forth  in  the 
bilj  or  return  of  such  measurement,  together  with  the  num- 
ber and  contents  in  feet,  the  length,  width  and  thickness  of 
each  log  or  square  piece  so  measured. 

pinTunins^^^^^^        §116.  Evcry  person  who  shall  ship   on  board    of  any 
^^^^''  vessel,  for  exportation  to  any  foreign  port,  contrary  to  the 

provisions  of  this  Article,  any  lumber  that  has  not  been  in- 
spected by  an  inspector,  shall  forfeit  for  every  thousand  feet 
superficial  measure  so  shipped,  the  sum  of  two  dollars  and 
fifty  cents. 

Ibid.  «ypres3  ^  117.  Evcry  person  who  shall  ship  on  board  of  any  ves- 
sel, for  exportation  to  a  foreign  market  out  of  this  state,  any 
cypress  shingles  which  have  not  been  inspected  by  an  in- 
spector, and  which  shall  not  be  at  least  twenty- two  inches  in 
length,  three  inches  and  one  half  inch  in  breadth,  and  three- 
eighths  of  an  inch  thick,  shall  forfeit  the  sum  of  two  dollars 
for  every  thousand  shingles  50  shipped. 

in^^'withomTu'      §  ^^^'  Every  person  not  appointed  and  authorized  as  an 
tbority.  iuspcctor,  who  shall  measure  or  inspect  any  lumber  or  cy- 

press shingles,  in  any  place  for  which  an  inspector  is  ap- 
pointed, shall  forfeit  to  the  inspectors  of  lumber,  in  such 
place,  the  sum  of  ten  dollars,  for  every  such  offence.  But 
the  inspectors  residing  in  Troy,  may  inspect  at  Gibbonsville 
or  West  Troy,  in  the  county  of  Albany ;  and  the  inspectors 
of  Albany  may  inspect  at  Bath  and  Greenbush,  in  the  county 
of  Rensselaer. 

Prohibiuon.  §  1 19.  No  iuspcctor  of  lumber  shall  employ  any  deputy  to 
inspect  in  his  name  ;  and  every  inspector  who  shall,  directly 
or  indirectly,  buy  or  sell  any  lumber  or  cypress  shingles,  ex- 
cept for  his  own  use,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction,  shall  forfeit  his  office. 

F«M  of  inspector;  §  120.  Evcry  inspector  of  lumber  shall  be  entitled  to  re- 
ceive the  following  fees,  to  be  paid,  one  half  by  the  buyer,  and 
one  half  by  the  seller: 

1.  Por  every  ton  of  forty  cubic  feet  of  raft  timber,  mea- 
sured and  inspected,  eight  cents ;  and  if  measured  only,  five 
cents : 


INSPECTION— OF    LUMBER.  ^^^ 

2.  For  every  thousand  feet,  superficial  measure,  of  boards 
and  plank,  thirty-seven  and  a  half  cents,  if  inspected ;  but  if 
measured  only,  twenty-five  cents  : 

3.  For  every  thousand  feet,  inch  measure,  of  beams  and 
scantling,  tv^renty-five  cents  : 

4.  For  every  thousand  feet,  superficial  measure,  of  maho- 
gany, one  dollar : 

5.  For  every  thousand  cypress  shingles  inspected,  eigh- 
teen cents. 

J  121.  In  all  cases  where,  from  the  character  of  the'J umber,      Fees, 
the  fees  of  the  inspector  cannot  be  calculated  under  the  pre- 
ceding section,  he  may  receive  such  compensation  as  his  em- 
ployer shall  consent  to  pay,  provided  he  make  known  to  such 
employer  the  fees  actually  allowed  in  this  Article. 

§  122.  All  shingles  oflfered  for  sale  in  this  state,  may  be  in-  ®^\'^fg^3j|°g'^ '" 
spect«d  by  the  inspectors  of  lumber.  (29) 

§  123.  Each   bundle   of  shingles   so   inspected   shall   be    ^"jSd.^^ 
branded  across  the  butts  or  sides,  as  follows:  No.  1,  No.  2,  . 
No.  3,  No.  4,  or  with  the  letter  R,  or  the  letter  O,  together 
with  the  name  of  the  inspector,  and  the  name  of  the  place 
where  inspected : 

No.  1  shall  be  at  least  eighteen  inches  long,  four  inches 
\vide,  half  an  inch  thick  at  the  butt,  straight  rifted,  and  full 
breasted : 

No.  2  shall  be  at  least  eighteen  inches  long,  seven-six- 
teenths of  an  inch  thick  at  the  butt,  four  inches  wide,  straight 
rifted,  and  full  breasted : 

No,  3  shall  be  at  least  seventeen  inches  long,  average  four 
inches  wide,  and  none  shall  be  less  than  three  inches  wide, 
three-eighths  of  an  inch  thick  at  the  butt,  straight  rifted,  and 
shall  hold  their  width  three-fourths  of  the  way  to  the  thin 
end,  and  be  well  shaved : 

No.  4  shall  be  at  least  fifteen  inches  long,  average  four 
inches  wide,  and  none  shall  be  less  than  three  inches  wide, 
three-eighths  of  an  inch  thick  at  the  butt,  straight  rifted,  and 
shall  hold  their  width  three-fourths  of  the  way  to  the  thin 
end,  and  be  well  shaved : 

All  shall  be  made  of  good  stuff  and  free  from  imperfec- 

(29)  Act  of  the  10th  of  April,  1828,  p.  332,  chapter  281. 


376  INSPECTION— OF  lumber. 

tions,  shall  be  cut  square  across  the  butts,  and  shall  be  pack- 
ed in  good  and  sufficient  bands  of  hard  wood,  and  well  se- 
cured by  wedges : 

Refuse  shingles  shall  be  branded  R,  and  shall  consist  of  all 
such  as  will  not  pass  inspection  for  either  of  the  other  classes, 
unless  they  shall  be  so  bad  as  not  to  be  worth  half  the  price 
of  No.  1,  in  the  estimation  of  the  inspector,  in  which  case  they 
shall  be  branded  0.(30) 

^lYu^n^eT'  §  124.  It  shall  be  the  duty  of  the  owner  of  shingles  pre- 
sented for  inspection,  or  his  agent,  to  place  such  shingles 
as  are  required  to  be  inspected,  in  such  a  situation  as  that  the 
bundles  may  be  conveniently  examined  by  the  inspector  or 
his  assistants.  (30) 

Howtobepacked  J  125.  No  quality  of  shinglcs  shall  pass  inspection  unless 
so  packed  as  to  contain,  by  admeasurement,  either  one-quar- 

\  ter  thousand,  one-half  thousand,  or  three  quarters  of  a  thou- 

sand in  each  square  bundle.  Shingles  inspected  under  the 
preceding  provisions  shall  not  be  subjected  to  re-inspection 
in  this  state.  (30) 

Penalty.  §  126.  If  any  inspector,  his  deputy,  or  assistants,  shall  be 

guilty  of  any  fraud  or  neglect  in  the  inspection  of  shingles, 
contrary  to  the  true  intent  and  meaning  of  the  preceding 
provisions,  or  shall  brand  or  mark  any  shingles  which  he' 
has  not  inspected,  he  shall  forfeit  and  pay  for  each  bundle  sa 
falsely  branded  or  marked,  one  dollar,  to  be  sued  for  and  re- 
covered by  the  person  or  persons  injured  therebyv(30) 


Feci. 


§  127.  The  inspector  shall  be  allowed  for  his  fees  for  in- 
>specting  and  branding  at  the  rate  of  twelve  cents  per  thou- 
sand for  all  shingles  he  shall  so  inspect,  one  half  to  be  paid  by 
the  buyer,  the  other  half  by  the  seller,  but  in  no  case  shall  the 
inspector  be  the  purchaser. 

(30)  Act  of  the  19th  of  April,  1828,  p.  332,  chap.  261. 


INSPECTION— OF  STAVES  AND  lIIiAWNG.  '  377 


ARTICLE  SEVENTH. 


OF  THE  INSPECTION  AND  CULLING  OF  STAVES  AND  HEADING. 

123.  No  staves  or  hoadiiig  to  be  exported  without  inspection. 
rJl).  What  staves  to  b«  culled  as  merchantable. 

130.  Iiispcclor-goneral  to  superintend  cullers  in  his  county ;  he  nyiy  remove  them. 

131.  Cullers  in  New  York  and  Albany  to  make  monthly  return  to  inspector-general. 
13L'.  Disputes  respecting  culling  of  staves,  &c.  how  to  be  dctcrmiatd. 

133.  Fees  of  insp.icior-general ;  by  whom  paid. 

1;M.  Fees  of  cullers  in  New-York  and  Albany. 

135.  Fees  of  culler.s  in  other  cities  and  countiis. 

136j  Inspector  general  of  New-York  to  have  power  to  search  vessels,  &c. 

137,  13b.  Cullers  in  other  counties  to  apply  to  a  justice  lor  a  waj:raiit  to  search  votssels. 

139.  Culler.s  m.vy  seize  staves  and  heading  shipped  contrary  to  law,  and  detain  them. 

1 10.  Penalty  for  shipping  staves  or  heading  contrary  to'this  Article. 

1 U.  Inspectors-general  and  cullers  in  New- York  and  Albany,  not  to  trade  in  stave.",  &-c. 

I1'2.  Inspectors-general  to  furnicsh  cullers  a  copy  of  this  Article,  and  of  future  laws. 

113.  Inspectors-general  to  make  annual  report  to  governor. 

%  '  ■ 

§  128.  No  staves  or  headinn^  shall  be  exported  by  sea  from  staves  and  i)«ad- 

■^  .  '-'  1  .^  ing  tobe  mspect- 

this  State,  to  any  port  out  of  the  territorial  limits  of  the  ^'^■ 
United  States,  unless  they  shall  be  inspected  and  culled,  in 
the  manner  herein  after  provided,  and  on  such  inspection 
shall  be  declared  merchantable.  (31) 

§  129.  All  staves  and  heading,  intended  for  such  exporta-   Manner  of  in- 
tion,  shall  be  inspected,  by  an  inspector-general  or  culler  of      ^"^^^ '°"' 
staves  and  heading,  at  the  port  whence  they  are  to  be  ship- 
])ed,  and  none  shall  be  culled  as  merchantable,  on  such  in- 
spection, unless  they  shall  be  of  the  following  description : 

1.  All  butt  staves  shall  be  made  of  good  white  oak  tim-    uuttstavca. 
ber,  and  shall  be  of  the  following  dimensions  :  the  long  butts 

shall  be  five  feet  six  inches  long,  the  short  butts  four  feet 
six  inches  long,  and  both  at  least  five  inches  broad  when 
dressed,  clear  of  •  sap,  tw^o  inches  thick  on  the  thinnest 
..edge,  and  not  more  than  two  and  a  half  inches  thick  in 
any  place,  and  shall  be  regularly  split  with  the  grain  of 
the  wood,  and  free  from  twist,  and  be  otherwise  good  and  ' 
sufficient*: 

2.  All  pipe  staves  shall  be  made  of  good  white  oak  timber, 
and  shall  be  four  feet  six  inches  long,  and  shall  work  three 
inches  broad  when  dressed,  clear  of  sap,  and  shall  be  three 
(luarters  of  an  inch  thick  on  the  thin  ed^^e,  regularly  split 


ripe  slaves. 


•  31)  This  article  is  a  revision  of  the  following  statutes.  — C  R.  li.  336';''  LavVg  of  1821,  p  3: 
1823,  p.  43;  1827,  p.  246.  ; 

48 


378 


INSPECTION OF  STAVES  AND  HEADING. 


Barrel  staves. 


with  the  grain  of  the  wood,  asd  shall  not  have  more  than  six 
worm  holes,  and  be  otherwise  good  and  sufficient: 
Hogshead  staves.  3.  All  wliite  oak  hogshead  staves  shall  be  made  of  good 
timber,  and  shall  be  three  feet  six  inches  long,  and  shall  work 
three  inches  broad  when  dressed,  clear  of  sap,  and  shall  be 
three  quarters  of  an  inch  thick  on  the  thin  edge,  regularly 
split  with  the  grain  of  the  wood,  and  shall  not  have  more 
than  four  worm-holes,  and  shall  be  otherwise  good  and  suffi- 
cient : 

4.  All  barrel  staves  shall  be  made  of  good  white  oak  tim- 
ber, and  shall  be  two  feet  eight  inches  long,  and  shall  work 
three  and  a  half  inches  broad  when  dressed,  clear  of  sap,  and 
shall  be  three  quarters  of  an  inch  thick  on  the  thin  edge,  re- 
gularly split  with  the  grain  of  the  wood,  and  shall  not  have 
more  than  four  worm-holes,  and  shall  be  otherwise  good  and 
sufficient : 

5.  All  hogshead  heading  shall  be  made  of  good  white  oak 
timber,  and  shall  be  two  feet  eight  inches  long,  and  shall  not 
be  less  than  five  inckes  broad,  clear  of  sap,  two-thirds  of 
which  shall  be  fit  for  middle  pieces,  and  shall  not  be  less 
than  three-fourths  of  an  inch  thick  on  the  thin  edge,  regularly 
'split  with  the  grain  of  the  wood,  and  be  otherwise  good  and 
sufficient : 

6.  All  red  oak,  or  rock  oak  hogshead  staves,  shall  be  three 
feet  six  inches  long,  three  and  a  half  inches  broad,  including 
sap,  or  three  inches  broad  clear  of  sap,  and  shall  be  three 
quarters  of  an  inch  thick  on  the  tliin  edge. 


Hogfliead  head- 
ing. 


Hogshead  staves. 


Dutyofinspec-  ^  130.  Evcry  inspcctor-gcneral  of  staves  and  heading, 
shall  superintend  the  cullers  of  staves  and  heading  witliin 
the  city  and  county  for  which  he  is  appointed,  and  shall  give 
them  such  instructions  and  directions  as  he  may  deem  neces- 
sary to  carry  into  execution  the  laws  prescribing  their  duties  ; 
he  may  remove  from  office  any  such  culler,  who,  in  his 
opinion,  shall  violate  or  neglect,  or  be  incompetent  to  per- 
form his  duties,  and  shall  give  immediate  notice  to  the  go- 
vernor of  every  vacancy  that  shall  occur  in  the  office  of  any 
culler,  under  his  superintendence. 

Duty  of  cullers.  §  131.  The  cullcrs  in  the  cities  and  counties  of  New- York 
and  Albany,  shall  obey  such  instructions  as  from  time  to  time 
the^  shall  receive  from  the  inspector-general,  for  the  city 


INSPECTION— OF  STAVES  and  heading.  379 

and  county  for  whixih  they  shall  respectively  be  appointed, 
and  each  of  then*,  as  often  as  once  in  every  month,  shall 
make  a  return  to  such  inspector-general,  of  the  staves  and 
heading  culled  by  him,  specify  the  different  times,  and  the 
names  of  the  persons  for  w^hom  they  were  culled. 

§  132.  The  inspector-general  shall  have  the  sole  power  ^^Xcfded!*°^ 
of  determining  all  disputes  that  shall  arise  respecting  the 
culling  of  staves  and  heading  in  the  cities  and  counties  for 
which  they  are  appointed ;  but  in  counties  where  there  is  no 
inspector-general,  every  dispute  between  the  buyer  and  seller 
of  staves  and  heading,  respecting  the  culling  thereof  by  the 
culler  employed  for  that  purpose,  shall  be  submitted  to  two 
persons,  one  to  be  chosen  by  the  buyer,  and  the  other  by  the 
seller,  who  shall  be  associated  with  such  culler,  and  their 
determination,  or  that  of  any  two  of  them,  shall  be  conclusive. 

§  133.  Each  inspector-general  shall  be  entitled  to  receive,  inspector's  fees. 
on  every  thousand  merchantable  staves  and  heading,  which 
sMIll  be  culled  in  the  city  and  county  for  which  he  is  appoint- 
ed, top  cents,  one-half  to  be  paid  by  the  buyer,  and  the  other 
half  by  the  seller;  and  for  all  such  staves  cyj  heading  as  are 
culled  out,  and  not  merchantable,  he  shall  b&  entitled  to  re- 
ceive from  the  proprietor  thereof,  the  same  compensation. 

§  134.  The  cullers  in  the  city  and  county  of  New- York,  cuiier's  fees. 
and  the  city  and  county  of  Albany,  shall  be  entitled  to  re- 
ceive, as  a  compensation  for  culling  every  thousand  pipe 
staves,  sixty  cents  ;  for  every  thousand  hogshead  staves  and 
heading,  fifty  cents  ;  for  every  thousand  barrel  staves,  forty 
cents ;  for  every  thousand  long  butt  staves,  one  dollar  and 
twenty  cents  ;  for  every  thousand  short  butt  staves,  one  dol- 
lar, and  no  more  ;  one  half  to  be  paid  by  the  buyer,  and  the 
other  half  by  the  seller ;  and  for  all  such  staves  or  heading 
as  are  culled  out  and  not  merchantable,  they  shall  be  entitled 
to  receive  from  the  proprietor  thereof  the  same  compensa- 
tion, in  all  cases ;  ten  hundred  staves  or  heading  to  a  thou- 
sand, and  no  more. 

§  135.  The  cullers  in  the  other  cities  and  counties  of  this       ibid, 
state,  shall  be  entitled  to  receive  the  following  compensation, 
computing  twelve  hundred  staves  or  iieading  to  a  thousand  : 


380 


INSPECTION^-^oi"  staveis  anu  iii:adin«. 


For  bulling  every  thousand  pipe  slaves,. fifty  cents;  iuroveVy 
thousand  hogshead  staves  and  heading,  thirty-seven  and  an 
half  cents ;  for  every  thousand  barrel  staves,  twenty-five 
cents  ;  for  every-  thousand  long  butt  staves,  one  dollar  and 
tvi^enty-five  cents ;  for  every  thousand  short  butt '  staves, 
one  dollar ;  one  half  of  which  compensation  shall  be  paid 
by  the  buyer,  the  other  half  by  the  seller.  For  staves  and 
heading  that  shall  be  culled  out  as  not  merchantable,  the 
owner  shall  pay  to  the  culler  the  price  of  culling  merchant- 
able staves  and  heading. 


Powers  and  du- 
ties of  inspettor- 
peneral  iii  New 
York. 


§  136.  The  inspector-general  for  the  city  and  county  of 
New- York  shall  have  full  power,  and  it  shall  be  his  duty  to 
enter  on  board  of  every  ship  or  vessel  within  the  iimits  of 
such  city  and  county,  which  he  shall  suspect  to  have  on  board, 
shipped  for  exportation,  any  staves  or  "heading  not  culled 
according  to  law,  or  condemned  on  culling  as  not  merchant- 
able, and  to  seize  and  cause  to  be  re-landed,  all  such,  staves 
and  heading  that  he  shall  discover  on  such  search,  and  all 
such  as  ho  shall  %d  to  be  sawed  in  two  or  more  parts,  "ffle 
staves  and  heading  .so  seized  shall  be  forfeited,  and  b#sold 
by  the  inspecto0general ;  and  the  proceeds  thereof,  deduct- 
ing necessary  expenses,  shall  be  paid  by  him  to  the  cham- 
berlain of  the  city  of  New- York,  for  the  use  of  the  poor  of 
that  city. 


lb.  of  cullers. 


§  137.  It  shall  be  the  duty  of  every  culler,  in  every  county, 
except  in  the  city  and  county  of  Now- York,  who  shall  sus- 
pect that  any  staves  or  heading  not  culled,  or  condemned 
on  culling,  have  been  shipped  for  exportation  to  a  foreign 
market,  on  board  of  any  vessel  within  the  limits  of  the 
county  for  which  he  was  appointed,  to  apply  to  some  justice 
of  the  peace  in  the  same  county,  and  to  make  oath  before 
him  of  such  suspicion,  and  the  causes  thereof. 


Proceedings.  §  138.  The  justicc  SO  applied  to,  if  he  shall  deem  the  si^s- 
picion  well  founded,  shall  issue  his  warrant  to  such  culler 
authorizing  him  to  enter  on  board  of  any.  vessel  within  the 
limits  of  the  county,  and  search  for  and  make  discovery  of 
any  such  staves  or  heading,  shipp^'d  r<>roxpr.rtntion  '■contrary 
to  law.  # 


INSPECTION 


STAVES  AND  HEADING. 


381 


§  139.  If  such  culler  shall  discover  on  board  of  any  such 
vessel  any  staves  or  heading  shipped  for  exportation  con-^ 
trary  to  law,  he  shall  seize  the  same,  and  cause  them  to  be 
re-landed,  and  shall  detain  them  in  his  possession,  until  the 
owner  thereof  shall  have  paid  the  expense  of  such  search 
and  re-landing. 


Ibid, 


§  140.  Every  person  who  shall  ship  for  exportation,  con- 
trary to  the  provisions  of  this  Article,  any  staves  or  head- 
ing, shall  forfeit  five  dollars  for  every  thousand  of  such 
staves  and  heading,  so  illegally  shipped;  and  every  master 
of  a  vessel  shall  forfeit  two  dollj^rs  and  fifty  cents  for  every 
thousand  staves  and  headinc:,  that  he  shall  take  on  board  his 
vessel,  to  be  exported  contrary  to  law. 


Penalty  on  ship- 
per. 


§  141.  No  inspector-general,  or  culler  of  staves  and  head-    on  inspectors 

,         ..  ,  .         ,  .  ,        and  cullers. 

mg,  m  the  city  and  county  oi.  New- York,  or  m  the  city  and 
county  of  Albany,  shall  buy  or  sell,  either  on  his  own  ac- 
count, or  as  agent  or  dealer  for  any  other  person,  any  staves 
or  heading  whatever,  under  the  penalty  of  fifty  dollars  for  each 
offence  ;  but  this  section  shall  not  be  construed  to  prevent 
an  inspector-general,  or  culler,  who  shall  be  a  cooper,  and 
actually  carrying  on  business  as  such,  from  buying  staves 
and  heading  for  the  use  of  his  trade. 

§  142.  It  shall  be  the  duty  of  each  inspector-general,  to  Duty  of  inspector 
furnish  to  every  "culler  under  his  superintendence,  a  copy  of       ^^"*^'^^- 
this  ArticJe,  and  of  every  future  law  that  shall  be  passed, 
regulating  the  culling  of  staves  and  heading,  within  the  city 
and  county  for  which  he  is  appointed. 


§  143.  Every  inspector-general  shall  make  an  annual  re- 
port to  the  governor,  to  be  by  him  laid  before  the  legislature, 
and  in  such.ieport  shall  state  what  number  of  the  respective 
kinds  of  staves  and  heading  have  been  cdtcd  during  the 
year  for  which  the  report  is  made,  in  the  city  and  county  for 
which  he  is  appointed,  and  shall^set  forth  whether  any,  and  if 
any,  what  amendments  ought  to  be  made  to  the  laws  regu- 
lating the  culling  of  staves  and  heading,  within  ^urh  city 
and  county. 


Ibid.  Annual 
report. 


382  INSPECTION— or  flax-seed. 


ARTICLE  EIGHTH. 


Sect.  144.  No  flax-seed  to  be  shipped  from  New- York  without  inspection. 

145.  Flax-seed  for  exportatioji  to  be  put  in  casks ;  dimensions  thereof. 

146.  Casks  to  be  marked  or  branded. 

147.  Duty  of  inspectors. 

'  148.  Penalty  for  acting  as  inspector  without  authority. 

149.  Penalty  for  lading  vessels  with  uninspected  flax-seed,  to  export  from  New- York. 

150.  Inspectors  may  employ  deputies. 

151.  No  inspector  or  deputy  to  trade  in  flax-seed. 

152.  Fees  of  in.spector. 

153.  To  receive  fees  for  measurement  in  certain  cases. 

Flax-seed  to  be      §  144.  No  flax-seed  shall  be  shipped  for  exportation,  to  any 

inspected.  j  i  i  '  ./ 

foreign  market,  from  the  city  and  county  of  New- York,  un- 
less it  shall  have  been  inspected,  approved  and  branded,  ac- 
cording to  the  provisions  of  this  Article.  (32) 

How  put  up.  §  145.  All  flax-seed  intended  for  such  exportation,  shall 
be  put  in  good  strong  casks ;  such  casks  as  shall  be  of  two 
sizes,  one  size  to  contain  not  less  than  seven,  and  the  other 
not  less  than  three  and  a  half  bushels. 

cask^  how  §  146.  Every  such  cask,  when  the  flax-seed  contained 
marked.  therein  shall  have  been  cleaned,  shall  be  marked,  or  branded, 
with  the  initials  of  the  christian  name,  and  with  the  surname, 
at  full  length,  of  the  person  by  whom  the  flax-seed  was 
cleaned,  and  the  name  of  the  city  or  county  where  it  was 
cleaned. 


Duty  of  inspector 


§  147.  It  shall  be  the  duty  of  the  inspector  of  flax-seed, 
1.  To  examine  such  casks  of  flax-seed  intended  for  cx- 

*  It  would  seem,  by  a  reference  to  the  statute  book  of  the  colony  of  New- York,  that  flax 
was  a  much  more  important  article  than  flax  seed.  An  act  was  passed  JMarch  24,  1772,  V. 
S.  vol.  2,  p.  681 :  the  preamble  to  the  act  recites,  that  whereas  the  cleaning  of  flax  in  this 
colony,  to  prepare  it  for  spinning  and  rope  making,  has  become  an  object  of  some  importance ; 
and  as  abuses  are  committed  in  the  sale  of  flax,  altogether  unfit  for  the  said  purposes,  to  the 
great  dama|e  of  the  purchasers ;  for  the  prevention,  therefore,  of  the  said  evil  for  the  future, 
the  act  declares  that  no  flax  shall  be  sold,  unless  inspected  and  marked.  The  act  details 
the  inspector's  oath  and  duty,  and  hnposcs  penalties  for  a  violation  of  it.  This  act  expired 
at  the  commencement  of  the  revokitiontiry  war,  and  was  not  revived.  The  first  notice  of 
flax  seed  appears  to  be  by  an  act  passed  March  1,  1788,  2  #.  &  V.  p.  290.  The  act  recites, 
whereas  flax-seed  and  lumber  have  become  articles  of  great  exportation  from  this  state,  and 
it  is  necessary  that  their  credit  at  foreign  markets  be  established ;  the  act  then  directs  that 
no  flax-seed  shall  be  exported,  but  in  casks  of  certain  dimensions,  and  direct^he  manner 
of.marking  or  branding  them,  and  imposes  penalties  for  exporting  flax-seed  contrary  to  the 
act.  This  act  is  revised  in  1  K.  &  R.  p.  230,  and  also  in  the  revision  of  1813,  vol.  I,  p.  151. 
(32)  This  Article  is  a  revision  of  the  ac^  of  1822 ;  Laws  of  1822,  p.  148. 


INSPECTION 


FLAX-SEED. 


383 


portation ;  and  in  such  examination,  to  open  at  least  one 
cask  of  every  twenty  he  shall  inspect,  and  as  many  more  as 
he  may  think  necessary : 

2.  To  ascertain,  by  measurement,  whether  such  casks  con- 
tain the  proper  quantity  of  bushels  and  half  bushels,  and  to 
bore  every  cask  to  ascertain  the  quality  of  the  flax-seed 
therein : 

3.  To  brand  on  every  cask  made,  marked  and  branded  ac- 
cording to  the  provisions  bf  this  Article,  and  containing  the 
proper  quantity  of  flax  seed,  and  on  no  others,  the  initials  of 
his  christian  name,  and  his  surname,  at  full  length,  together 
with  the  name  of  the  city  where  inspected,  on  the  quarter, 
and  in  a  legible  manner : 

4.  To  brand  on  each  cask  of  flax-seed  of  the  first  quality, 
the  word  "  First ;"  on  each  cask  of  the  second  quality,  the 
word  "Second;"  and  on  each  cask  of  the  third  quality,  the 
word  "  Third." 


§  148.  Every  person,  not  authorized  by  law,  who  shall 
exercise  the  duties  of  the  inspector  of  flax-seed,  shall  forfeit 
to  such  inspector  the  sum  of  one  hundred  dollars,  for  each  of- 
fence. 


Penalty. 


§  149.  Every  person  who  shall  lade,  or  attempt  to  lade, 
any  vessel  with  flax-seed  not  inspected  according  to  law,  for 
the  purpose  of  exporting  the  same  from  the  city  of  New- 
York,  to  any  foreign  place,  shall  forfeit  for  every  cask,  the 
sum  of  ten  dollars.  ^ 


Ibid. 


^  §  150.  The  inspector  of  flax-seed  may  employ  one  or  more 
'deputies  to  inspect  in  his  name,  and  for  whoso  acts  he  shall 
be  responsible. 


Deputies. 


§  151.  No  inspector,  or  deputy-inspector,  of  flax-seed,  dur- 
ing the  time  that  he  shall  continue  in  office,  shall  be  directly 
or  indirectly  engaged  or  interested  in  buying,  selling,  or 
cleansing  flax-seed,  either  on  his  own  account,  or  the  account 
of  other  persons  ;  and  eveiy  inspector  or  deputy  who  shall 
violate  this  prohibition,  shall  forfeit,  for  each  oflencc,  the 
sum  of  five  hundred  dollars. 


Proliibition. 


§  152.  The  inspector  of,  flax-seed,  shall  be  entitled  to  re-  fccs  of  inspector. 
ceivc  for  inspection,  the  following  fees  :  • 


384  INSPECTION— OF  sole  leather. 

1.  For  every  cask  of  flax-seed  of  seven  bushels,  five  cents : 

2.  For  every  cask  of  three  and  an  half  bushels,  three  cents  : 
Such  fees  shall  be  paid  by  the  person  offering  the  flax-seed 

for  inspection,  who  may  charge  one  half  of  the  amount  to  the 
buyer,  in  addition  to  the.  price  of  the  seed. 


Ibid. 


§  153.  If  the  inspector  shall  find,  by  measurement,  that  any 
cask  inspected  by  him  does  not  contain  the  proper  quantity 
of  flax-seed,  according  to  its  size,#ie  shall  be  entitled  to  re- 
ceive from  the  person  olTering  the  flax-seed  for  inspection, 
fifty  cents  for  such  measurement,  in  addition  to  his  regular 
fees  for  inspection. 


ARTICLE  NINTH. 


OF    THE    INSPECTION    OP    SOLE    LEATHER.* 

Sect.  154.  Inspector  to  inspect  all  sitlcB  of  sole  leather  offered. 

155.  lie  may  inspect  leather  in  any  adjoiuiu},'  town,  <Slc.  vvhrrc  there  is  no  inspector, 
15G.  Inspector  to  provide  himself  with  proper  scales ;  to  stamp  leather. 

157.  He  may  make  deduction  from  leather  not  dry. 

158.  Pees  of  inspectors  in  New- York ;  who  to  pay  them. 

159.  In  what  counties  leather  may  be  sold  without  inspection  ;  in  what  not. 

Duty  of  inspector  §  154.  It  shall  bc  the  duty  of  each  inspector  of  sole  lea- 
ther, whenever  required,  to  inspect  any  sides  of  sole  leather 
which  shall  be  offered  to  him  for  that  purpose,  within  the 
place  or  county  for  which  he  is  appointed.  (33) 

Ibid.  §  155.  Every  such  inspector  may  also  inspect  sole  Icq.- 

Wer,  in  any  other  city,  town  or  village  of  his  county,  than 

that  for  which  he  is  appointed,  or  in  any  adjoining  county, 

• 

*  The  attention  of  the  provincial  assembly  of  New- York  was  first  directed  to  this  subject 
January  22, 1772,  V.  S.  vol.  2,  p.  631.  By  an  act  then  passed  two  inspectors  are  directed  to 
be  appointed  by  the  governor,  the  council,  and  general  assembly,  to  inspect,  seal,  and  weigli 
all  sole  leather  ma]iufactured  in  the  city  of  New- York,  or  imported  from  any  other  part  of 
the  colony  or  neighboring-  colonics.  The  oath,  duty,  and  compensation  of  the  inspectors 
arc  detailed  by  the  act,  and  penalties  are  inflicted  foricounterleiting  marks,  and  for  W9rking- 
up  leather  into  boots  and  shoes  not  bearing  inspection.  This  act  remained  in  force  until  the 
revolutionary  war.  After  the  organization  oftlie  present  government  an  act  was  passed 
April  28,  1784,  J.  &  V.  vol.  1,  p.  136,  authorizing  the  mayor,  aldermen  and  cenmonalty  of  the 
city  of  New- York,  in  common  council- convened,  to  appoint  inspectors  of  sole  leather.  By 
an  act  passed  April  6, 1801,  K.  &  R.  vol.  1,  p.  482,  the  power  of  appointing  inspectors  of  sole 
leather  was  taken  from  the  corporation  of  the  city,  and  given  to  the  person  administering 
the  government,  by  and  with  the  consent  of  the  council  of  appointment.  This  act  is  incor- 
porated in  the  revision  of  1813,  vol.  2,  p.  340,  with  some  additional  provisions,  and  is  revised 
in  the  above  article. 

^33)  This  Article  was  compile!  from  the  following  statutes :— 2  R.  L.  341 ;  Laws  oC  1823, 
p.  120  ;  1824,  p.  364  ;  182q,  p.  238 ;  1826,  p.  99,  284. 


INSPECTION— OF  SOLE  leather.  385 

if  there  be  no  inspector  appointed  for  such  city,  town  or  vil- 
lage, in  such  adjoining  county. 

§  156.  It  shall  be  the  duty  of  each  inspector  to  provide  "'in^SuoL^' 
himself  with  proper  scales  and  weights,  to  enable  him  to  per- 
form the  duties  of  his  office  ;  to  weigh  every  side  of  sole  lea- 
ther that  he  shall  inspect ;  and  to  impress  thereon  in  words 
at  full  length, 

1.  His  own  surname,  and  the  name  of  the  place  for  which 
he  is  an  inspector : 

2.  The  word  "  Best,"  if  the  leather  be  manufactured  of 
good  hides,  and  in  the  best  manner : 

3.  The  word  "  Good,"  if  the  leather  be  manufactured  of 
good  hides,  and  in  a  merchantable  manner : 

4.  The  word  "  Damaged,"  if  the  leather  be  manufactured 
of  damaged  hides,  in  a  merchantable  manner : 

5.  The  word  "  Bad,"  if  the  leather  be  not  of  one  of  th« 
qualities  above  mentioned: 

6.  •  The  weight  of  the  side  shall  also  be  impressed  thereon, 
either  in  figures,  or  in  words  at  length. 

§  157.  Every  inspector  may  make  such  a  deduction  as  he  aid. 
may  judge  reasonable,  from  the  actual  weight  of  every  side 
of  leather  inspected  by  him,  that  shall  not  be  perfectly  dry ; 
and  if  any  such  side  of  leather  shall  afterwards  dry  away,  so 
as  to  weigh  five  per  cent,  less  than  the  weight  marked  there- 
on, the  inspector  shall  make  good  to  the  purchaser  the  loss 
resulting  to  him  from  such  deficiency  in  weight. 

§  158.  Every  inspector  of  sole  leather  in  the  city  and  reMforintp^*- 
county  of  New- York,  shall  be  entitled  to  receive  two  cents,  "*' 
and  every  such  inspector  in  any  other  place  or  county,  four 
cents,  for  each  side  of  sole  leather  that  he  shall  inspect, 
weigh  and  seal.  The  fees  of  the  inspector  shall,  in  the  first 
instance,  be  paid  by  the  seller;  but  the  purchaser  shall  be 
liable  to  him  for  one-half  of  their  amount. 

§  159.  In  the  counties  of  Onondaga,  Herkimer,  Ulster,  Prohibition  in 
Oneida,  Jefferson,  Madison,  Seneca  and  Montgomery,  no 
jnanufacturer  of,  or  dealer  in,  sole  leather  shall  be  compelled 
to  carry  any  sole  leather  owned  or  manufactured  by  him,  to 
be  inspected  previous  to  a  sale  ;  but  in  every  other  county 

49 


386 


INSPECTION— or  hops. 


and  place  in  this  state,  for  wliich  an  inspector  of  sole  leather 
is  or  shall  be  appointed,  no  sole  leather  shall  be  sold,  unless 
it  shall  have  been  previously  examined,  weighed  and  sealed, 
by  an  inspector  duly  authorized  ;  and  every  seller  who  shall 
violate  this  provision,  shall  forfeit  the  sum  of  five  dollars  for 
every  side  of  sole  leather  so  illegally  sold. 

ARTICLE  TENTH. 

OF  THE  INSPECTION  OF  HOPS. 

BtcT.  160.  No  hops  to  be  exported  without  inspection  ;  hops  forfeited  if  sliipped  without  it. 

161.  If  inspected  in  Albany,  may  be  exported  without  re-inspection. 

162.  Hops  for  e.\portatioTi  to  be  put  up  in  bags  ;  weight  of  bags. 

163.  Bags  to  be  marked  or  stamped. 

164.  Powers  and  duties  of  inspectors. 

165.  Penalty  for  selling  condemned  hops  for  any  other  than  condemned. 

166.  Penalty  for  intermixing  improper  substances  with  hops. 

167.  Penalty  for  receiving  on  board  of  a  vessel  uninspected  hops. 

168.  Penalty  for  counterfeiting  marks  on  bags. 

169.  Fees  of  inspectors. 


Hop«  to  be  in- 
spected. 


§  160.  No  hops  shall  be  exported  from  this  stj^te;  until 
they  shall  have  been  submitted  to  the  examination  of  an  in- 
spector of  hops,  and  have  been  inspected  by  him,  agreeably 
to  the  provisions  of  this  Article.  All  hops  shipped  for  ex- 
portation, contrary  to  the  provisions  ^of  this  section,  shall 
be  forfeited.  (34) 


Provision  as  to 
Albany. 


§  161.  Hops  inspected  in  the  city  of  Albany,  may  be  ex- 
ported thence,  or  be  sold  in  and  exported  from  the  city  of 
New- York,  without  being  subject  to  re-inspection  in  the  city 
of  New-YorL 


Hops  to  be  put 
in  bags. 


§  162.  AH  persons  intending  to  export  hops  from  this  state, 
shall  put  the  same  in  bags,  which  shall  contain  not  more  than 
four  hundred  pounds,  nor  less  than  one  hundred  and  fifty 
pounds ;  and  shall  submit  them,  after  the  expiration  of  ten 
days  from  the  time  they  shall  have  been  bagged,  to  the  ex- 
amination of  an  inspector. 


Bags   to  b« 
marked. 


§  163.  Every  person  who  shall  put  up  hops  for  sale  or  ex- 
portation, shall  mark  or  stamp  on  each  bag  of  hops,  in  a 
legible  manner,  the  initials  of  his  christian  name,  and  his 
surname  at  full  length,  before  the  removal  of  such  bag  from 

<34)  This  Article  is  a  revision  of  the  following  statutes ;  Laws  of  1819,  p.  144  ;  1820,  p.  133. 


INSPECTION— OF  HOPS.  387 

the  place  where  the  hops  shall  be  put  up  ;  and  every  person 
violatmg  this  provision,  shall  forfeit  five  dollars  for  every 
bag  so  removed  without  being  marked  or  stamped. 

§  164.  Every  inspector  of  hops  shall  have  power,  and  it  Duty  of  inspector 
shall  be  his  duty, 

1.  To  provide  himself  with  a  sufficient  store,  in  some 
place  which  may  be  convenient  to  his  employers,  for  the 
purpose  of  storing  hops  brought  to  him  for  inspection  : 

2.  To  examine  hops  brought  to  4iim  for  inspection,  upon 
satisfactory  proof  that  they  have  been  bagged  for  ten  days,         ^ 
and  not  otherwise : 

3.  To  put  the  hops  in  different  bags,  according  to  their 
quality,  respectively,  and  on  each  bag  containing  hops  of 
the  first  quality,  to  mark  the  words  "  Hops,  first  sort ;"  of 
the  second  quality,  the  words  "  Hops,  second  sort ;"  of  the 
third  quahty,  the  words  "  Hops,  third  sort ;"  and  of  all 
other  inferior  quality  of  hops,  "  Refuse  hops ;"  together 
with  his  own  name,  and  that  of  the  place  where  the  hops  are 
inspected,  and  the  date  of  such  inspection,  in  words  and 
letters  at  full  length : 

4.  To  weigh  each  bag  of  hops,  and  to  mark  thereon  the 
total  weight  of  the  bag  and  its  contents  in  pounds,  and  to 
deliver  to  the  owner  a  weigh-no te  of^such  w^eight,  stating 
therein  the  quality  of  the  hops,  and  distinguishing  them  in 
the  manner  as  before  directed  : 

5.  To  mark  the  word  "Condemned,"  on  each  bag  of  hops 
which  he  shall  discover  to  be  fraudulently  mixed  with  any 
foreign  or  improper  substance  : 

6.  To  enter  on  board  of  every  vessel  within  the  limits  of 
the  city  and  county  where  he  is  authorized  to  inspect,  to 
search  for  hops  shipped  or  shipping  contrary  to  the  provi- 
sions of  this  Article,  and  to  seize  and  to  take  into  his  posses- 
sion all  such  hops  discovered  by  him  : 

7.  To  sell  at  public  auction  all  hops  so  seized,  and  to  pay 
the  proceeds  of  such  sale,  deducting  expenses,  and  ten  per 
cent,  for  his  services,  to  the  officers  having  the  care  of  the 
poor  of  the  city  or  county  where  the  seizure  shall  be  made, 
for  the  use  of  such  poor. 

§  165.  Every  person  who  shall  offer  for  sale,  or  sell  any       TeaaUy 
which  have  been  condemned  by  an  inspector,  for  any 


38t  INSPECTION— OP  DISTILLBD  SPIRITS. 

Other  than  condemned  hops,  shall  forfeit  the  sum  of  twenty- 
five  dollars  for  every  bag  so  offered  for  sale,  or  sold, 

^M.  §  166.  Every  person  w^ho  shall  intermix  with  any  hops 

any  foreign  or  improper  substances,  or  in  any  manner  adul- 
terate their  quality,  shall  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  fine  or  imprisonment,  or  both,  in  the  dis- 
cretion of  the  court  by  which  he  shall  be  tried. 


Ibid. 


Ibid. 


Feeioflnipeetor 


§  187.  Every  master  of  a  vessel  who  shall  receive  on 
board  for  exportation,  any  bags  of  hops,  not  inspected  ac- 
cording to  the  provisions  of  this  Article,  shall  forfeit  the  sum 
of  ten  Jdollars  for  every  bag  so  received  by  him. 

§  168.  Every  person  who  shall  counterfeit  on  any  bag  of 
hops,  any  of  the  marks  of  an  inspector,  or  empty  any  bag  of 
hops  so  marked,  for  the  purpose  of  putting  therein  other  hops 
for  sale  or  exportation,  without  first  erasing  such  marks, 
shall,  for  each  offence,  forfeit  the  sum  of  one  hundred 
dollars. 

§  169.  Every  inspector  of  hops  shall  be  entitled  to  receive 
ten  cents  for  every  hundred  pounds  of  hops  inspected  by  him, 
to  be  paid  one  half  by  the  buyer,  and  one  half  by  the  seller ;  J 
and  for  every  hundred  pounds  of  condemned  hops,  he  shall - 
receive  the  same  fees,  to  be  paid  by  the  person  offering  such 
hops  for  inspection. 


ARTICLE  ELEVENTH. 

OP  THE  INSPECTION  OF  DISTILLED  SPIRITS. 

8kcT.  170.  Spirits  distilled  in  U.  States,  exceeding  20  gallons,  to  be  inspected  in  New- York. 
171.  Standard  of  domestic  distilled  spirits. 

173.  Penalty  for  adulterating  spirits. 

174.  Penalty  for  altering  proof  of  spirits  after  Inspection,  and  for  not  cutting  out  mark* 

Diittiied  spirit*  §  170.  No  Spirits  distilled  within  the  United  States,  and 
a  n»pec  e  .  g^^^^g  jjj^g  ||^g  quantity  of  twenty  gallons,  shall  be  sold  in  the 
city  of  New- York,  unless  they  shall  have  been  inspected, 
and  the  casks  containing  the  same,  branded  according  to  the 
provisions  of  this  Article  ;  and  for  every  gallon  sold  contra- 
ry to  the  provisions  of  this  section,  the  seller  shall  forfeit  a 
sum  equal  to  the  value  thereof  (35) 

(35)  Thi«  Artlftla  wai  compiled,  with  some  variations,  from  th«  act  of  1814 ;  Laws  of 
M14,  p,  IW. 


* 


INSPECTION— OF  DISTILLED  SPIRITS.  389 

§  171.  The  standard  of  domestic  distilled  spirits  shall  be  stwdard. 
as  follows :  All  such  spirits,  at  the  temperature  of  sixty  de- 
grees according  to  Fahrenheit's  thermometer,  and  the  spe- 
cific gravity  of  which  shall  be  9335,  as  compared  to  the 
gravity  of  pure  distilled  water  estimated  at  10,000,  shall  be 
deemed  first  proof;  and  the  strength  of  any  spirits  below 
or  above  first  proof,  shall  be  calculated  decimally,  or  by  the 
per  centage  in  reference  to  the  above  standard,  and  shall  be 
denoted  as  so  many  per  cent,  below  or  above  first  proof  as 
the  actual  difference  in  strength  shall  be. 

§  173.  Every  person  who  shall  adulterate  any  distilled  adSunj!  ^"^ 
spirits',  or  spirits  in  a  state  of  distillation,  with  any  poisonous 
or  unhealthy  substance,  and  every  person  who  shallsell  such 
spirits,  knowing  them  to  be  so  adulterated,  shall  be  guilty  of 
a  misdemeanor,  punishable  by  fine  or  imprisonment,  or  both, 
in  the  discretion  of  the  court  by  which  he  shall  be  tried ;  the 
fine  in  no  case  to  exceed  one  thousand  dollars,  nor  the  im- 
prisonment the  term  of  four  years. 

?  174.  Every  person  who  shall  fraudulently  put  any  thinff  ibid,  for  altering 

,  .  1       r   T       11     1        .    •       1  1     1  1  inspected  spiriu. 

whatever  mto  any  cask  of  distilled  spirits  branded  by  an  in- 
spector, for  the  purpose  of  altering  the  real  or  apparent  proof, 
or  the  bead  or  nature  of  the  spirits  contained  therein;  and 
every  person  who,  without  first  obliterating  the  marks  of  the 
inspector,  shall  put  in  any  such  cask,  after  the  same  shall 
have  been  emptied,  in  whole  or  in  part,  of  the  spirits  con- 
tained therein  when  inspected,  any  other  spirits  or  spirituous 
liquor  whatever ;  and  every  person  who  shall  sell,  or  in  any 
manner  dispose  of  any  such  cask,  when  emptied,  without  ef- 
facing the  marks  of  the  inspector,  shall  be*  deemed  guilty  of 
a  misdemeanor,  punishable  by  fine  or  imprisonment. 

CHAP.  XCVII. 

AN  ACT  to  amend  the  Provisions  of  the  Revised  Statutes,  re- 
specting the  Inspection  of  Domestic  Distilled  Spirits, 

Passed  April  2,  1831.  p.  130. 

The  People  of  the  State  of  New- York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  From  and  after  the  passing  of  this  act,  there  shall  be    Number  of  in- 
appointed,  in  and  for  the  city  of  New- York,  in  manner  as  is  vorT"^"  ^^*' 


390 


INSPECTION 


DISTILLED  SPIRITS. 


now  provided  by  law,  an  inspector-general,  and  not  less  than 
three,  nor  more  than  five  other  inspectors,  of  domestic  dis- 
tilled spirits. 


Their  duty  ^  2.  It  shall  be  the  duty  of  the  inspector-general  to  keep 

an  office  in  some  convenient  part  of  the  city,  for  the  recep- 
tion of  orders  from  the  owner,  agent  or  person  having  in 
charge  any  domestic  spirits  ;  and  it  shall  be  the  duty  of  the 
inspectors,  on  the  requirement  of  the  inspector-general,  to  go, 
without  delay,  to  the  place  within  the  said  city  where  such 
spirits  may  be  deposited,  and. 

Inspection.  1.  To  ascertain  or  prove  the  strength  of  such  spirits,  by 
an  hydrometer  graduated  in  conformity  with  the  standard 
fixed  by  the  laws  of  this  state  : 

2.  To  guage  the  casks  containing  such  spirits,  and  ascer- 
tain the  quantity  such  casks  will  hold,  and  the  quantity  defi- 
cient, if  any,  from  each  cask : 

3.  To  mark,  with  a  marking  iron,  in  a  legible  manner, 
upon  each  cask,  the  whole  number  of  gallons  it  will  contain, 
the  number  of  gallons  deficient,  and  the  proof  thereof,  if  first 
proof,  in  the  manner  now  used :  if  not  first  proof,  the  per 
centage  thereof  above  or  below  first  proof;  and  to  such 
mark,  shall  put  the  initial  letter  of  his  surname  : 

4.  To  make,  subscribe  and  deliver  to  the  owner,  agent  or 
holder  of  said  spirits,  a  certificate,  exhibiting  in  separate  co- 
lumns, the  whole  contents  of  each  cask,  the  deficiency,  the 
proof,  and  the  number  of  estimated  gallons  at  first  proof,  mak- 
ing the  proper  deductions  or  additions,  in  consequence  of  the 
same  being  above  or  below  first  proof 

Fee*.  §  3.  Every  inspector  of  domestic  distilled  spirits  in  the  city 

and  county  of  New- York,  sliall  be  entitled  to  receive  from 
the  person  offering  such  spirits  for  inspection,  the  following 
fees,  viz  :  For  proving,  gauging,  taking  outs,  or  deficiencies, 
marking,  starting  and  replacing  bungs,  and  making  and  de- 
livering certificate,  seven  cents  for  each  barrel  or  tierce,  and 
nine  cents  for  each  hogshead  ;  for  proving  only,  three  cents 
per  cask ;  gauging  and  taking  outs,  for  each  barrel  or  tierce, 
three  cents,  and  hogshead,  five  cents ;  for  taking  outs  only, 
one  cent  per  cask.  And  every  inspector  in  each  and  every 
other  county  in  this  state,  shall  be  entitled  to  receive  the 
above  fees  for  the  like  services,  with  the  addition  of  fifty  per 
cent. 


INSPECTION—- OF  DISTILLED  SPIRITS.  391 

§  4.  No. inspector-general,  or  inspector  of  domestic  dis-  renaity. 
tilled  spirits,  shall  be  concerned  in  purchasing  or  selling  do- 
mestic spirits,  except  for  his  own  private  use  ;  nor  shall  any 
inspector-general,  or  inspector,  be  in  any  way  connected  in 
business  or  trade,  with  any  distiller  or  manufacturer  of  do- 
mestic spirits,  or  act  as  agent  for  such  manufacturer,  or  any 
other  person,  in  the  purchase  or  sale  of  domestic  spirits,  un- 
der the  penalty  of  five  hundred  dollars,  and  a  forfeiture  of 
their  office. 

§  5.  The  inspector-general  is  hereby  authorized  and  re-  ^"^ynS*^^"*' 
quired  to  superintend  the  inspectors  of  domestic  distilled 
spirits  within  the  city  and  county  of  New- York,  in  order  that 
the  laws  relating  thereto  may  be  duly  executed,  and  to  allot 
to  each  inspector  as  equitable  a  portion  of  the  business  as  the 
nature  of  the  case  will  admit ;  and  the  said  inspectors  are 
required  to  follow  such  instructions  and  directions  as  they, 
or  any  of  them,  may  receive  from  time  to  time,  from  the  said 
inspector-general,  in  relation  to  the  duties  required  of  them 
by  lavv^ ;  and  they  shall,  as  often  as  once  in  every  month, 
make,  under  oath,  separate  returns  to  him,  of  the  number  of 
barrels,  tierces  and  hogsheads  inspected  and  gauged  by  them 
respectively,  and  for  whom  inspected  and  gauged,  with  the 
number  of  gallons  they  contain,  together  with  the  whole 
amount  of  fees  received  by  them  respectively,  up  to  the  time 
of  such  return. 

§  6.  It  shall  be  the  duty  of  the  inspector-generd,  to  report  To  report, 
to  the  person  administering  the  government  for  the  time  be- 
ing, the  name  of  any  of  the  said  inspectors  who  shall,  in  his 
opinion,  act.  inconsistently  with  the  trust  reposed  in  them, 
from  negligence,  incapacity,  mal-practice,  or  any  other 
cause ;  and  the  person  administering  the-  government,  in  his 
discretion,  may  displace  any  suctf  inspector,  and  appoint 
some  fit  person  to  supply  the  vacancy,  until  the  pleasure  of 
the  senate  shall  be  known. 

§  7.  If  any  dispute  shall  arise  between  the  owner  or  agent,  jncageofdijtpute 
and  the  inspector,  respecting  the  inspection  or  gauging  of 
any  domestic  spirits,  such  dispute  §hall  be  submitted  to  the 
inspector-general,  whose  determination  thereon  shall  be  final. 


392 


INSPECTION— OF  TOBACCO. 


FbM. 


§  8.  The  inspector-general  shall  be  entitled  to  receive  for 
his  services  the  one-fourth  of  the  whole  amount  of  fees  accru- 
ing and  receivable  by  the  said  inspectors  ;  and  it  shall  be 
the  duty  of  tlie  inspectors,  respectively,  on  making  the  re- 
turn required  by  the  fifth  section  of  this  act,  to  pay  to  the 
said  inspector-general,  the  one-fourth  part  of  all  such  fees  ; 
and  for  any  omission  in  such  payment,  or  in  truth  and  cor- 
rectness of  such  return,  the  inspector,  guilty  thereof,  shall 
forfeit  and  be  removed  from  his  said  office. 


§  9.  The  one  hundred  and  seventy-second,  one  hundred 
and  seventy-fifth,  and  one  hundred  and  seventy-sixth  sections 
of  title  second,  chapter  seventeenth  of  the  first  part  of  the 
Revised  Statutes,  and  such  other  parts  as  are  inconsistent 
with  this  act,  are  hereby  repealed. 

ARTICLE  TWELFTH. 

OF  THE  INSPECTION  OF  LEAF  TOBACCO  IN  THE  CITY  OF  NEW- 
YORK. 


Inspector  to  ap- 
point deputies. 


SacT.  177.  Inspector  of  leaf  tobacco  in  the  city  of  N  York  to  appoint  one  or  more  deputies. 

178.  Duties  of  inspector. 

179.  Tobacco  to  be  designated  as  of  four  qualities. 

180.  Fees  of  inspector.  « 

181.  Persons  counterfeiting  marks. 

182.  Penalties  upon  inspector. 

§  177.  It  shall  be  the  duty  of  the  inspector  of  leaf  tobacco 
in  the  city  of  New- York,  to  appoint  one  or  more  deputies 
under  him,  who,  together  with  the  said  inspector,  shall,  be- 
fore entering  upon  the  duties  of  his  or  their  office,  take  and 
subscribe  the  oath  required  by  the  constitution. 


§  178.  The  said  inspector,  either  in  person  or  by  his  de- 
puty, shall,  when  called  on  for  that  purpose  by  the  owner  or 
consignee  of  any  leaf  tobacco,  at  all  seasonable  hours  of  the 
day,  immediately  proceed  to  any  warehouse,  or  to  any  of  the 
wharves  in  the  city  of  New-York,  where  he  may  be  required 
for  the  purpose  of  inspecting  any  leaf  tobacco  in  casks  ; 
whereupon  he  shall  proceed  to  uncase  and  break  each  and 
every  cask ;  and  it  shall  be  his  duty  to  break  up  each  cask 
in  three  different  places,  to  wit :  in  the  centre,  and  at  the 
distance  of  not  less  than  ten  inches  from  each  end,  and  of- 


INSPECTION— OF  TOBACCO.  39« 

tener,  if  in  his  opinion  ths  case  may  require,  in  order  to  a  full 
and  fair  examination  of  the  quality  of  the  tobacco  ;  and  it 
shall  be  his  duty  to  draw  from  each  place  where  any  cask 
may  have  been  so  broken,  a  sample  of  not  less  than  four 
heads  of  the  said  tobacco,  which  he  shall  label  and  mark  with 
a  corresponding  number  and  mark  which  he  may  put  on  to 
each  cask,  of  which  sample,  so  marked  and  numbered,  he 
shall  leave  the  one  half  with  the  owner  or  consi£:nee  of  such 
tobacco,  and  the  other  half  he  shall  carefully  preserve  for 
the  examination  of  any  person  or  persons  who  may  desire 
so  to  do,  until  such  tobacco  shall  have  been  either  exported, 
or  sold  for  consumption ;  and  after  a  full  and  fair  examina- 
tion of  each  cask,  the  said  inspector  shall  ascertain  the  ac- 
tual tare  of  each  cask,  and  shall  cause  the  same  to  be  care- 
fully coopered  and  put  in  good  order,  and  shall  cause  the 
same  to  bo  weighed,  and  in  a  legible  manner,  with  a  mark- 
ing iron,  shall  mark  on  each  head  of  such  cask,  the  gross 
weight  of  such  cask  of  tobacco,  with  the  aciflal  tare  or  weight 
of  the  package,  and  shall  at  the  same  time  brand  with  a  brand- 
ing iron,  the  name,  in  full,  of  such  inspector,  with  the  month 
and  year  in  which  such  tobacco  w^as  by  him  so  inspected,  to- 
gether with  th?  quality  of  tobacco  contained  therein,  and  de- 
liver to  the  owner  or  consignee,  a  note  or  weigh-bill,  desig- 
nating the  number,  weight,  and  quality  of  such  cask  by  him 
so  inspected,  and  the  date  tliereof.  (37) 

§  179.  There  shall  be  desio^nated  four  qualities  of  leaf  to- four  quaiuiesof 

*  o  1  tobacco. 

bacco,  and  no  more,  and  they  shall  be  known  and  distin- 
guished as  follows  :  first;,  second,  and  third  quality,  and  refuse 
or  damaged,  with  some  one  of  which  it  shall  bp  the  duty  of 
the  said  inspector,  as  in  his  judgment  the  case  may  require, 
to  mark  all  tobacco  submitted  to  his  inspecting,  and  also  the 
samples  which  he  may  draw  from  the  several  casks.  (37) 

§  180.  As  a  compensation  for  his  services  for  inspecting,  ^^^^  ector'«f 
marking,  weighing  and  delivering  such  note  or  weigh-bill  as 
aforesaid,  and  for  retaining,  preserving,  and  exhibiting  at  all 
times  such  samples  as  he  may  retain  of  such  tobacco  by  him 
so  as  aforesaid  inspected,  it  shall  and  may  be  lawful  for  such 
inspector  to  charge  at  and  after  the  rate  of  fifty  cents  for 
each  and  every  cask  by  him  so  inspected,  over  and  above  the 

(37)  Act  of  tho  ]pth  of  April,  1P2?,  p.  34^,  chapter  274. 

50 


894 


INSPECTION— OP  TOBACCO. 


actual  cost  of  cooperage  and  labor  in  setting  up  and  prepar- 
ing such  tobacco  for  inspection.  (37) 


Penalties  for 
counterfeiting 
marks,  Ss,c 


§  181.  If  any  person  or  persons  shall  forge,  alter  or  coun- 
terfeit, or  attempt  to  forge,  alter  or  counterfeit  any  marks  or 
numbers  which  may,  by  inspection,  be  put  on  any  cask  of  to- 
bacco as  aforesaid,  or  if  any  person  shall  fraudulently  change 
or  re-pack  any  tobacco  so  inspected  as  aforesaid,  from  one 
cask  into  another  cask,  with  the  intent  to  defraud,  or  impose 
one  quality  of  tobacco  for  another  quality  ;  or  shall  fraudu- 
lently or  with  intent  to  deceive,  remove  any  stave  or  heading 
whereon  such  inspector  may  have  put  such  marks  and  num- 
bers as  aforesaid ;  or  shall  forge,  change,  or  alter  in  any 
manner,  any  such  weigh-note,  or  the  marks  and  numbers 
which  such  inspector  shall  have  attached  to  any  samples 
which  he  may  have  drawn  for  exhibition ;  such  person  or 
persons  so  offending,  shall,  on  conviction  thereof  before  any 
court  having  cognizance  thereof,  be  deemed  guilty  of  a  mis- 
demeanor, and  may  be  fined  or  imprisoned,  or  both,  at  the 
discretion  of  such  court.  (38) 


Penalties  on  in- 
■pector  and  depu- 
ties. 


§  182.  If  any  such  inspector  or  any  of  his  deputies,  shall 
falsely  or  fraudulently  mark  any  tobacco  submitted  to  him  or 
them  for  inspection,  or  shall  make  and  dehver  any  false  or 
fraudulent  weigh-bill  or  note  of  any  tobacco  by  him  or  them 
so  inspected,  such  inspector  or  deputy  shall,  on  conviction 
thereof  before  any  court  having  jurisdiction  thereof,  be  deemed 
guilty  of  a  misdemeanor,  and  maybe  fined,  or  imprisoned,  or 
both,  at  the  discretion  of  such  court :  and  further,  if  any  in- 
spector or  his  deputy  shall  unreasonably  refuse  or  neglect  to 
do  the  duties  of  his  office,  such  inspector  or  deputy,  on  con- 
viction thereof,  shall  be  liable  to  treble  damages  of  any  per- 
son aggrieved  thereby,  who  may  sue  for  the  same  in  his  own 
name  and  for  his  own  use.  (38) 


(37)  Act  of  the  10th  of  April,  1828,  p.  348,  chapter  274,  (38)  Ibid. 


INSPECTION— GENERAL  PROVISIONS. 


30$ 


ARTICLE  THIRTEENTH. 


GENERAL    PRO\^SIONS. 

Sbct.  183, 184, 185.  Unclaimed  articles  stored  with  an  inspector,  when  to  be  sold,  &c. 

186.  Inspectors  to  account  annually  to  comptroller  for  articles  so  sold. 

187.  Every  such  report  to  be  accompanied  by  an  affidavit ;  contents  thereof. 

188.  If  no  such  sales  within  a  year,  inspector  to  transmit  affidavit  to  comptroller. 

189.  Penalty  for  neglecting  to  make  such  report  or  affidavit ;  district  attorney  to  sue. 

190.  Tcnalty  for  unnecessary  delay  in  inspecting  articles  offered  for  inspection. 

191.  Penalty  for  fraud  in  discharge  of  duties  by  inspector. 

192.  Penalty  for  obstructing  inspectors  in  executing  their  duties. 

193.  Penalty  for  counterfeiting,  &c.  brands  or  marks  of  inspectors. 

194.  Penalty  for  counterfeiting  marks,  &c.  upon  hogsheads,  &c. 

195.  Penalties  in  this  Title  by  whom  prosecuted  for,  and  how  appropriated. 

196.  Penalties  incurred  by  inspectors  prosecuted  by  district  attornies,  how  applied. 

197.  Inspectors  to  report  annually  to  legislature. 

198.  Penalty  for  not  complying  with  preceding  section. 

199.  Meaning  of  term  "  inspector." 

§  183.  If  any  articles  subject  to  inspection,  and  stored  with 
an  inspector,  shall  not  be  claimed  by  the  owner  within  one 
year  from  the  time  they  shall  have  been  inspected,  such  in- 
spector shall  deliver  to  an  auctioneer  in  the  city  or  county 
in  which  he  shall  reside,  an  invoice  or  bill  of  such  articles, 
specifying  the  quantity  and  quality,  and  the  brands  or  other 
marks  thereon,  and  also  the  name  and  residence  of  the  owner, 
and  of  the  person  delivering  the  same  for  inspection,  ac- 
cording to  his  information  or  belief  (39) 


Articles  not 
claimed. 


§  184.  Such  auctioneer  shall  sell  such  articles  at  public    To  be  sold  at 

•*  ,  ^  auction. 

auction,  and  shall  cause  an  advertisement  of  the  sale  to  be 
inserted  for  at  least  six  weeks  in  succession  immediately  pre- 
vious thereto,  in  the  state  paper,  and  in  a  newspaper  printed 
in  the  city  or  county  of  his  residence.  He  shall  state  in  the 
advertisement  the  time  and  place  of  sale,  and  the  quantity, 
quality,  and  marks  of  the  article  to  be  sold,  and  the  names 
of  the  owner  and  his  agent,  according  to  the  bill  delivered  to 
him.  (40) 


§  185.  If,  before  any  day  of  sale,  the  owner  shall  not  claim  Account  of  sai* 
such  articles,  and  pay  the  legal  fees  and  charges  thereon,  the  *° 
auctioneer  shall  complete  the  sale,  and  render  an  account 
thereof,  to  the  comptroller,  and  pay  the  proceeds  lo  the  trea- 
surer of  this  state,  deducting  the  customary  charges  and  ex- 


(29)  Law3  of  1822,  i».  1(34,  ^  17  ;  1819,  p.  147,' $  12. 


(40)  Ibid. 


306  INSPECTION— GENERAL  PROVISIONS. 

V 

penses  of  the  sale,  and  the  legal  fees  and  charges  of  the 
inspector,  which  shall  be  paid  by  such  auctioneer.  The  mo- 
nies paid  into  the  treasury  shall  remain  therein  for  the  benefit 
of  the  owner,  and  be  paid  to  him  on  his  furnishing  to  the 
comptroller  satisfactory  evidence  of  his  right  (40) 

^"Teport.  *^  ^  ^®^'  Every  inspector  shall  annually  on  the  first  day  of 
January,  transmit  on  oath  to  the  comptroller,  a  duplicate  of 
every  invoice  or  bill  of  such  articles,  which,  during  the  pre- 
ceding year,  may  have  been  delivered  to  any  auctioneer, 
and  the  amount  received  by  him  on  the  sales  of  any  such 
articles,  from  any  auctioneer. 

compan\*^^by       §  18"^-  Evcry  such  rcport  of  an  inspector  of  pot  and  pearl 
*^^  *  ashes  shall  be  accompanied  by  an  oatfi  or  affirmation  taken 

and  subscribed  before  some  proper  officer,  that  he  has  dehv- 
ered  to  some  auctioneer  of  the  city  or  county,  (mentioning  his 
name)  an  invoice,  weigh-note,  or  bill  of  inspection  of  all  the 
unclaimed  ashes  which  had  been  in  his  own  hands  one 
year  or  more,  and  that  he  has  duly  accounted  with  the  owner 
or  agent  for  all  the  ashes  delivered  to  his  care  for  inspection, 
as  the  law  directs,  and  that  he  has  not  by  himself  or  by 
any  person  in  his  employ,  made  out  any  invoice,  weigh-note, 
or  Jbill  of  inspection,  of  a  later  date  than  the  time  such  ashes 
were  duly  inspected,  and  that  the  same  were  emptied  out  of 
the  cask  or  casks,  and  duly  examined,  at  the  date  of  every . 
invoice,  weigh-note,  or  bill  of  inspection. 

'^^ulred'^^  §  188.  If  no  such  invoice  or  bill  shall  have  been  delivered 
to  any  auctioneer  during  the  preceding  year,  by  such  inspec- 
tor, he  shall,  notwithstanding,  transmit  to  the  comptroller, 
on  the  first  day  of  January  in  each  year,  an  affidavit,  stating, 
that  there  have  been  no  articles  subject  to  inspection  stored' 
with  him,  which  have  remained  not  claimed  by  the.  owner,  < 
within  one  year  from  the  time  they  shall  have  been  inspected. 

Penalty  for  neg-      §  189.  Every  inspcctoi  who  shall  neglect  to  make  any  re- 
^®^  port  or  affidavit  required  in  either  of  the  three  last  sections,, 

shall  be  deemed  guilty  of  a  misdemeanor,  punishable  by  a 
fine  not  exceeding  twenty-five  hundred  dollars,  and  by  im- 
prisonment not  exceeding  one  year,  and  the  comptroller  shall 

(40)  Laws  of  1822,  p.  164,  ^  17  ;  1819,  p.  147,  §  12. 


INSPECTION— GENERAL  PROVISIONS. 

direct  the  district  attorney  of  the  county  where  such  inspec- 
tor resides,  to  prosecute  for  such  offence. (40) 


397 


§  190. 


Every  inspector,  who  shall  be  required  to  inspect   Penalty  for  de- 

-J  ^  '  A  -i  laying  to  inspect. 


any  articles  subject  to  his  inspection,  if  not  then  engaged  in 
the  business  of  his  office,  shall  proceed  without  delay  to  in- 
spect the  same ;  and  for  every  three  hours  of  unnecessary 
delay  in  such  inspection,  he  shall  forfeit  to  the  person  delay- 
ed, three  dollars,  in  addition  to  the  damages  which  such  per- 
son shall  actually  sustain. 

§  191.  Every  inspector  guilty  of  any  fraud,  mal-practice,  ffaud''^™^"'  ^"' 
or  connivance  in  the  discharge  of  his  duties,  or  sliall  offer 
any  fee  or  reward  to  any  person  in  order  to  obtain  the  profits 
of  inspecting  articles  subject  to  inspection,  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  fine  or  imprisonment, 
or  both,  in  the  discretion  of  the  court  by  which  he  shall  be  tried. 

§  192.  Every  person  who  shall  oppose  or  obstruct  any  opposing  inspec- 
inspector  in  the  execution  of  his  duties  or  powers,  shall  be-  "^''"'^  ^^^eanor 
guilty  of  a  misdemeanor,  punishable  by  fine  and  imprisonment. 

§  193.  Every  person  who  shall  counterfeit,  or  fraudulently    counterfpiting 
alter  or  deface  the  brands  or  other  marks  of  an  inspector, 
shall  be  deemed  guilty  of  a  misdemeanor,  punishable  by  fine 
and  imprisonment,  the  fine  not  to  exceed  two  thousand  dol- 
lars, nor  the  imprisonment  three  years. 


§  194.  Every  person  who  shall  counterfeit,  or  fraudulently  niid. 

alter  or  deface  the  brands  or  other  marks  put  upon  any  hogs- 
head, barrel,  or  half-barrel,  containing  flour,  meal,  beef,  pork, 
pot  or  pearl  ashes,  fish,  fish  oil,  liver  oil,  or  distilled  spirits, 
by  the  owner  thereof,  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  fine  not  exceeding  five  hundred  dol- 
lars, or  by  imprisonment  not  exceeding  one  year. 

§  195.  Every  penalty  imposed  in  each  preceding  Article    penalties  how 
of  this  Title,    and  not  otherwise  especially  appropriated,       ^"«dfor. 
except  such  as  shall  be  incurred  by  inspectors,  shall  be  pro- 
secuted for,  by  any  inspector,  acting  under  the  Article,  the 
provisions  of  which  shall  be  violated,  whose  powers  extend 

(40)  Act  of  14th  November,  1828. 


398  INSPECTION— GENERAL  PROVISIONS. 

to  the  place  in  which  the  offence  shall  be  committed.  The 
monies  recovered,  deducting  such  sum,  not  exceeding  one- 
half  of  the  amount,  as  shall  be  allowed  to  the  inspector  pro- 
secuting, for  his  expenses  and  trouble,  by  the  com't  in  which 
the  recovery  or  conviction  shall  be  had,  shall  be  paid  to  the 
chamberlain  or  treasurer  of  the  city,  or  treasurer  of  the 
county  in  which  the  offence  shall  be  committed,  for  the  use 
of  the  poor  of  such  city  or  county. 

Ibid.  §  196.  Every  such  penalty  which  shall  be  incurred  by  an 

inspector,  shall  be  prosecuted  for  by  the  district  attorney  of 
the  county  in  which  such  inspector  shall  reside  ;  and  the 
monies  recovered,  deducting  a  reasonable  counsel  fee  to  the 
district  attorney,  to  be  settled  by  the  court  in  which  the  re- 
covery or  conviction  shall  be  had,  shall  be  paid  and  applied 
in  the  manner  specified  in  the  last  preceding  section. 

onto'irSSur^  ^  ^^^'  ^v^^T  inspector  acting  under  any  Article  of  this 
Title,  shall  report  annually  to  the  legislature,  and  on  or  be- 
fore the  first  day  of  February  in  each  year,  the  quantity,  and 
as  near  as  may  be,  the  quality  and  value  of  the  produce,  pro- 
visions or  merchandise,  inspected  by  him  during  the  year 
ending  on  the  first  day  of  January  next  preceding  the  making 
of  such  report,  together  with  the  amount  of  the  fees  and 
emoluments  derived  from  his  office  ;  and  shall  also  communi- 
cate in  his  report,  such  information  possessed  by  him,  as  may 
tend  to  the  improvement  of  the  quality,  or  increase  in  the 
quantity  of  the  articles  subject  to  his  inspection.(41) 

^J^^^naity  for  neg-  §  jgQ^  Evcry  inspector  who  shall  not  comply  with  the 
provisions  of  the  preceding  section,  shall  forfeit  for  each  of- 
fence the  sum  of  two  hundred  dollars,  to  be  recovered  by  the 
attorney-general,  to  the  use  of  the  people  of  this  state,  and 
in  their  name.  (41) 

"  Inspector"  dc-  ^  ]  99.  The  term  "  inspector,"  as  used  in  each  preceding  Ar- 
ticle of  this  Title,  shall  be  construed  to  mean  any  inspector 
of  the  provisions,  produce  or  merchandise  to  which  the  Arti- 
cle relates  ;  and  as  used  in  this  article,  shall  be  construed  to 
mean  every  inspector  mentioned  in  the  preceding  Articles, 
and  also,  (except  in  the  two  last  preceding  sections,)  the  in- 
spector-general and  cullers  of  staves  and  heading. 

(41)  Laws  of  1823,  p.  1M5,  ^  5  ;  1827,  p.  24. 


ITSITELLIGENCE  OFFICES.  309 

INTELLIGENCE  OFFICES. 

1.  The  Mayor,  Aldermen  and  Commonalty  to  regulate  Intelligence  Offices. 

[Forty 'Fifth  Session.— Vol.  6,  a.  p.  12,  ] 
CHAP.  XV. 

AN  ACT  relative  to  Intelligence  Offices  in  the  City  of  New-York. 

Passed  February  4,  J822. 

1.6  1.  Bs  it  enacted  by  the  People  of  the  State  ofNew-York)    intelligence  offi 

y    .       cs,  y     .  T  ,        rr^^  i  11  ces  to  be  regulat 

represented  in  Senate  and  Assembly,  1  hat  the  mayor,  alder-  ed,  &c. 
men  and  commonalty  of  the  city  of  New-York,  in  common 
council  convened,  shall  have  full  pov^er  and  authority  to  make 
and  pass  such  by-law^s  and  ordinances  as  they  shall  from 
time  to  time  deem  necessary  and  proper,  for  the  regulation 
of  intelligence  offices  in  the  city  of  New- York,  or  to  prohibit 
the  keeping  of  such  offices,  and  for  requiring  that  no  person 
shall  keep  any  such  office  without  first  obtaining  a  license 
for  that  purpose,  from  the  mayor  of  said  city,  and  paying 
therefor  sucltsum  of  money  as  the  said  common  council  may 
require.  And  also  to  impose  penalties  for  the  non-observ- 
ance of  any  such  by-laws  and  ordinances,  and  keeping  such 
houses  without  license,  not  exceeding  two  hundred  and  fifty 
dollars  for  each  offence. 


JAILOR  IN  NEW-YORK — Fees  of. 

Revised  Laws  0/ 1 8 1 3,  Vol.  1 ,  p.  433, 

1.  Fees  of  Jailor  in  New- York  in  certain  cases. 

1.  §  XXIX.  And  he  it  further  enacted,  That  it  shall  and  may  peesof  Jaiiorin 
be  lawful  for  the  jailor  of  the  jail  of  the  city  and  county  of  {^'j/ca's'^gj"  ^^^' 
New-York,  to  ask,  demand  and  receive,  of  and  from  every 
person  committed  to  his  custody  within  the  said  jail,  upon,  or 
by  virtue  of  any  warrant,  execution,  mittimus,  or  commit- 
ment, issued  out  of,  or  from  the  court  of  the  justices  of  the 
peace,  in  and  for  the  city  of  New- York,  for  any  sum  exceed-  ,y'^^'^*^^'5  ^^ 

'  "^  '  •^  1830,  p.  401,  see- 

ing twenty-five  dollars,  fifty  cents  ;  and  also  the  like  fees  for  ^'o^^^- 

bringing  up  a  prisoner  by  any  rule  or  order  of  any  court  as 
are  now  allowed  by  law  to  a  sheriff  for  bringing  up  a  pri- 
soner on  habeas  corpus  in  civil  causes. 


I 


400  JAILS  AND  PUBLIC  PRISONS. 


JAILS  A]?^l>  PUBLIC  PRISONS. 

1.  Jail  for  persons  confined  on  civil  process  may  be  erected. 

2.  City  prison  or  bridewell  may  be  built  or  other  buildings  appropriated, 

,  [Forty 'Seventh  Session. —  Vol.  6,  c.  p.  254.] 
CHAP.  CCXIII. 

AN  ACT  relative  to  the  Jail  of  the  City  of  New -York  for  the 
Confinement  of  Persons  on  Civil  Process,  and  to  the  City 
Prison, 

Passed  April  10,  1824. 

coSnedT'cTv"!  1'  §  ^'  ^^  ^^  enactedhy  the  People  of  the  State  of  New-York, 
erected.  "'^^  ^^  represented  in  Senate  and  Assembly,  That  the  mayor,  alder- 
men, and  commonalty  of  the  city  of  New- York,  in  common 
council  convened,  shall  have  full  power  and  authority  to 
cause  to  be  erected  and  built,  or  to  appropriate  any  building 
or  buildings  already  built,  at  one  or  more  place  or  places 
within  the  said  city  and  county  of  New- York,  as  the  jail  of 
the  said  city,  for  the  confinement  of  persons  on  civil  process  ; 
and  that  such  building  or  buildings  shall,  whenever,  and  as 
soon  as  the  said  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  in  common  council  convened,  shall  deem 
such  building  or  buildings  sufficient  for  the  safe  keeping  of 
prisoners,  and  shall  designate  the  same  as  such  jail,  be  and 
become  the  jail  of  the  said  city,  for  the  confinement  of  such 
persons  as  aforesaid,  and  shall,  to  all  intents  and  purposes, 
be  in  the  place  and  stead  of  the  present  jail  for  the  confine- 
ment of  such  persons  as  aforesaid  ;  and  that  all  laws  or  parts 
of  laws,  relative  to  the  jail  of  the  said  city  of  New- York,  or 
to  the  keeper  thereof,  and  his  title  and  appointment,  shall 
apply  to  each  and  every  building  that  may  be  designated 
for  the  purpose  of  a  jail,  under  this  section. 

City  prison  or      2.  §  II.  And  he  it  further  enacted,  That  the  said  mayor, 

bridewell  may  be  *'  „    ,  .  ^^      .      . 

built,  &c.  or  other  aldermen,  and  commonalty  of  the  city  of  New- York,  m  com- 

buildings   appro-  -^  -'  i  ,    i      -i. 

priated.  mou  couucil  conveucd,  may  cause  to  be  erected  and  built, 

or  appropriate  one  or  more  building  or  buildings  already 
built,  at  one  or  more  place  or  places,  within  the  said  city  and 
county  of  New- York,  as  the  city  prison  or  bridewell  of  the 
said  city  ;  and  that  such  building  or  buildings  shall,  whenever  I 


JAILS  AND  PUBLIC  PRISONS.  401 

soon  as  the  said  mayor,  aldermen  and  commonalty,  in  com- 
mon council  convened,  shall  deem  such  building  or  buildings 
sufficient  for  the  safe  keeping  of  prisoners,  and  shall  desig- 
nate the  said  building  or  buildings  as  the  city  prison  of  the  said 
city,  separately  or  collectively  be  and  become  the  city  prison 
of  the  said  city,  for  the  confinement  and  safe  keeping  of  all 
such  persons  as  may  now  by  law  be  committed  thereto  ;  and 
shall  to  all  intents  and  purposes,  be  in  the  stead  and  place  of 
the  present  city  prison ;  and  that  all  laws  and  parts  of  laws 
relative  to  the  city  prison  or  bridewell  of  the  said  cit}^,  or  to 
the  keeper  thereof,  and  his  title  and  appointment  shall  apply 
to  each  and  every  building,  separately  and  collectively,  as 
aforesaid  that  may  be  designated  for  the  purpose  of  a  city 
prison,  under  this  section. 

3.  §  III.  And  be  it  farther  enacted,  That  any  other  build-  , 
ing  or  buildings  may  be  appropriated  or  erected  for  the  jail, 
for  the  confinement  of  persons  on  civil  process,  and  any 
other  building  or  buildings  may  be  appropriated  or  erected 
for  the  city  prison  of  the  city  of  New- York,  w^henever  the 
,mayor,  aldermen  and  commonalty  of  the  city  of  New- York, 
in  common  council  convened,  shall  deem  it  proper  and  ne- 
cessary. 


JAILiS"Lii>erties  of. 

AN  ACT  relative  to  the  Liberties  of  the  Jail  in  the  city  and 
county  of  New-York. 

Pas  ed  March  13,  1330.     Chap.  77,  p.  81. 

§  1.  From  and  after  the  passing  of  this  act,  all  that  part  of  [Rev.  st.  voi.2, 
the  city  and  county  of  New- York  lying  south  of  the  northerly        ^'  **^'^ 
line  of  Fourteenth-street,  shall  be  the  jail  liberties  of  the  said 
city  and  county. 


51 


402  JUGGLERS. 


JUGGLER!^. 

[Revised  Statutes f  Vol  I,  p.  660.] 

Art.  1.— Of  Jugglers  and  the  exbibiticm  of  shows. 

OF  JUGGLERS,  AND  THE  EXHIBITION  OF  SHOWS,  &C. 

Skct.  1.  Puppet-Bhows,  &.c.  not  to  be  performed  or  allowed ;  penalty. 

2.  Same  penalty  for  exhibiting  paintings,  animals,  &c.  without  license. 

foiSIh!^^  ^°il  ^*t-      ^  ^'  ^^  person  shall  exhibit  or  perform  for  gain  or  profit, 
imviligthemTobo  ^"^  puppet-show,  any  wire  or  rope-dance,  or  any  other  idle 
performed.         shows,  acts  or  fcats  which  common  showmen,  mountebanks 
or  jugglers  usually  practice  or  perform  ;  and  no  owner  or  oc- 
.  cupant  of  any  house,  out-house,  yard,  field,  shed  or  other 
place,  shall  furnish  or  allow  the  same  to  be  used  for  the  ac- 
commodation of  such  exhibition  or  performance.     Whoever 
shall  offend  against  either  of  these  provisions,  shall  forfeit 
twenty-five  dollars  for  each  offence,  to  be  recovered  by  and 
in  the  name  of  the  overseers  of  the  poor  of  the  town  where 
the  offence  shall  be  committed.  (61) 

lb.  for  exhibiting      §  2.  The  penalties  in  the  preceding  section  shall  also  ap- 

pamtings,     ani-  ••  ^  ^  i  i     n         i  -i  •     /• 

mais,  &c.  with-  ply  to  and  bc  rccoverod  of  any  person  who  shall  exhibit  for 

outUcsnse.  # 

gain  or  profit  any  painting,  any  animal  or  other  natural  or 
artificial  curiosity,  or  any  other  thing  not  prohibited  in  the 
foregoing  section,  in  any  town,  without  having  first  obtained 
permission  in  writing  for  that  purpose,  signed  by  two  jus- 
tices of  the  peace  of  the  town,  in  which  license  the  nature  of 
such  exhibition  shall  be  described,  and  for  the  granting  of 
which  no  fee  or  reward  shall  be  taken. (61) 

(61)  Laws  of  1819,  p.  240,  Bcctlon  1, 2.  J, 


JURORS^RETURN  AND  SUMMONING  OF.  403 

JURORS— Return  and  summoning:  of. 

\Remsed  Statutes y  FoZ.  1,/?.  414.] 

ARTICLE  SECOND. 

OF  THE  RETURN  AND  SUMMONING  OF  JURORS.  , 

Sect.  12.  Certain  town  officers  to  assemble  to  make  jury  lists. 

13.  Qualifications  of  persons  to  be  selected  as  jurors. 

14.  In  certain  counties,  qualification  as  to  property. 
J5.  Duplicate  lists  of  jurors,  when  made,  where  to  be  filed. 

16.  Ballots  of  names  returned,  to  be  made  by  county  clerk.  •'"■ 

17.  Term  of  service  of  persons  returned. 

18.  New  lists  to  be  made  every  third  year  by  town  officers. 

19.  Proceedings  by  town  officers  for  that  purpose. 

20.  County  clerk  to  destroy  the  old,  and  make  new  ballots. 

21.  Wards  in  New- York,  towns ;  powers  of  common  council. 
23.  Preceding  provisions  applied  to  proceedings  in  New- York. 

23.  Provisions  respecting  other  cities.  J 

24.  When  jurors  to  be  drawn  to  serve  at  courts  ;  their  number. 

25.  Notice  of  drawing,  how  to  be  published  and  served. 

26.  Duty  of  sheriff  and  county  judge  notified,  to  attend  drawing. 

27.  If  they  neglect,  other  judge  and  justices  to  be  notified. 

28.  What  officers  to  be  present  at  drawing  of  jury.  "' 

29.  Manner  of  conducting  drawing. 

30.  Jurors  when  and  how  to  be  summoned,  return  thereof.  ; 

31.  Copy  of  list  of  jurors  drawn,  to  be  furnished  to  applicants. 

32.  Fine  to  be  imposed  on  defaulting  jurors. 

33.  Cases  in  which  persons  shall  be  discharged  from  serving. 

34.  Ballot  containing  name  of  person  discharged,  to  be  destroyed. 

35.  Cases  in  which  jurors  shall  be  excused  from  serving. 

36.  Ballots  how  disposed  of  on  adjournment  of  court. 

37.  Clerks  of  certain  courts  in  New- York  to  deliver  lists  to  county  clerk. 

38.  Duty  of  county  clerk  of  New- York  thereupon. 

39.  When  drawing  to  be  made  from  second  box. 

40.  Old  ballots  to  be  destroyed  on  new  returns  of  jurors,  Silck 

41.  When  additional  jurors  may  be  directed  by  circuit  judge. 

42.  «)rder  when  to  be  served  on  county  clerk ;  his  proceedings. 

43.  New  panels  may  be  ordered  by  courts  in  New- York. 

44.  Jurors  how  summoned  and  returned. 

45.  Former  jurors  to  be  discharged,  &c. 

§  12.  The  supervisor,  town  clerk  and  assessors  of  the  se-  ^^^  ^r e  t^o^mX 
veral  towns  of  this  state,  shall  assemble  on  the  first  Monday  JuryiiBtji. 
of  July  next  after  this  Chapter  shall  commence  and  take  ef- 
fect as  a  law,  at  such  place  in  their  respective  towns  as  shall 
be  appointed  by  the  supervisor,  or  in  his  absence,  or  in  case 
of  a  vacancy  in  his  office,  by  the  town  clerk,  for  the  purpose 
of  making  a  list  of  persons  to  serve  as  jurors.  (34)  » 

.  §  13.  The  said  town  officers,  when  so  assembled,  shall  wbotobeseiect- 
proceed  to  select  from  the  names  of  those  assessed  on  the 

(34)  1  R.  L.  p.  329,  srction  13. 


404  JURORS RETUR^  AND  SUMMONING  OF. 

last  assessment  rolls  of  the  town,  suitable  persons  to  serve 
as  jurors  ;  and  in  making'  such  selection,  they  shall  take  the 
names  only  of  such  as  are, 

1.  Male  inhabitants  of  the  town,  not  exempt  from  serving 
on  juries  : 

2.  Of  the  age  of  twenty-one  years  or  upwards,  and  under 
sixty  years  old : 

3.  Who  are  at  the  time  assessed  for  personal  property  be- 
lonofinfT  to  them  in  their  own  rif^ht,  to  the  amount  of  two 
hundred  and  fifty  dollars,  or  who  shall  have  a  freehold  es- 
tate in  real  property  in  the  county,  belonging  to  them  in  their 
own  right,  or  in  the  right  of  their  wives,  to  the  value  of  one 
hundred  and  fifty  dollars  : 

4!  In  the  possession  of  their  natural  faculties,  and  not  in- 
firm or  decrepit : 

5.  Free  from  all  legal  exceptions,  of  fair  character,  of  ap- 
proved integrity,  of  sound  judgment,  and  well  informed. 

fifauS^if^^c'^er-  §  14.  Evcry  pcrson  residing  in  either  of  the  counties  of 
tain  counties.  Niagara,  Erie,  Chautauque,  Cataraugus,  Allegany,  Genesee, 
Orleans,  Monroe,  Livingston,  Jefferson,  Lewis,  St.  Lawrence 
and  Franklin,  who  does  not  possess  either  of  the  qualifica- 
tions specified  in  the  third  subdivision  of  the  last  section,  but  is 
qualified  in  all  other  respects,  and  who  shall  have  been  as- 
sessed on  the  last  assessment  roll  of  the  town  for  land  in  his 
possession  which  he  holds  under  contract  for  the  purschase 
thereof,  upon  which  improvements  shall  have  been  made  to 
the  value  of  one  hundred  and  fifty  dollars,  and  who  shall  own 
such  improvements,  shall  be  deemed  qualified  to  serve  as  a 
juror ;  and  the  town  oflicers  authorized  to  select  and  return 
jurors,  may  take  the  names  of  such  persons.  (35) 

Lists  of  jurors      §  15.  Duplicate  lists  of  the  persons  so  selected,  with  their 

where  to  be  filed,       /  ^  r-         •  i  i     n  i  i     • 

'Ve.  additions  and  places  of  residence,  shall  be  made  out  and  sign- 

ed by  the  town  officers  so  assembled,  or  the  major  part  of 
them;  and  within  ten  days  after  the  first  Monday  in  July  be- 
fore mentioned,  one  of  the  said  lists  shall  be  transmitted  to 
the  county  clerk,  and  the  other  of  the  said  lists  shall  be  filed 
with  the  town  clerk.* 

(35)  Laws  of  ISl."?,  p.  258 ;  Tb.  1810,  p.  IGO ;  IRO'')..  p.  Tt! ;  18-27.  p.  28-2.  J 


i 


JURORS RETURN  AND  SUMMONING  OF.  405 

§  16.  On  the  first  xMonday  of  August  after  the  said  lists  ^^Jf^^  ^^^^^^^ 
shall  have  been  so  returned,  the  clerk  of  the  county  shall  *'''''''• 
write  the  names  contained  in  said  Hsts,  with  their  additions 
and  places  of  residence,  on  separate  pieces  of  paper,  and  de- 
posit the  same  in  a  box  to  be  provided  and  kept  for  that  pur- 
pose. 

§  17.  The  persons  whose  names  shall  be  so  returned,  shall  Termofaerrice. 
serve  as  jurors  for  three  years,  and  until  other  lists  from  their 
respective  towns  shall  be  returned  and  fded. 

§  18.  On  the  first  Monday  in  July  in  each  third  year  after  ^'Thi'^year"^ 
the  first  selection  and  return  of  jurors  as  herein  before  di- 
rected, the  supervisor,  town  clerk  and  assessors,  shall  assem- 
ble at  the  place  appointed  by  the  supervisor,  or  in  case  of  his 
absence,  or  a  vacancy  in  fiis  office,  by  the  town  clerk,'  and 
shall  make  out  new  duplicate  lists  of  persons  to  serve  as  ju- 
rors for  the  then  ensuing  three  years  ;  and  shall  file  such  list 
with  the  town  clerk,  and  return  a  duplicate  fo  the  county 
clerk,  as  herein  before  directed. 

§  19.  In  making  such  selection,  the  said  town  officers  shall    ProceecUngB. 
proceed  as  herein  before  directed  in  respect  to  the  first  se- 
lection of  jurors. 

§  20.  Upon  receiving  such  new  hsts,  the  county  clerk  shall,  i^uty jjf^county 
on  the  first  Monday  of  August  thereafter,  destroy  the  ballots 
deposited  in  the  box  kept  by  him,  and  shall  write  the  names 
of  the  jurors  so  returned,  on  separate  pieces  of  paper,  and 
deposit  them  in  a  box,  in  the  same  manner  in  all  respects,  as 
herein  before  prescribed  on  the  return  of  the  first  list'of  jurors. 

§  21.  In  the  city  and  countv  of  New- York  each  ward  shall  T.istsfmm  wards 

1        J  r  I  *'  r  in  New- York. 

be  deemed  a  town,  for  the  purpose  of  returning  jurors  ;  and 
the  common  council  of  the  said  city  shall  provide,  by  ordi- 
nance, the  manner  in  which,  and  how  often,  such  selection 
shall  be  made,  and  the  officers  and  persons  by  whom  it  shall     • 
be  conducted.  (36) 

§  22.  The  provisions  herein  contained  respecting  tiie  per-  Prorerding!.  to 
-^ons  to  be  selected  as  jurors,  the  j-cturn  of  the  lists  to  the    '*^^''*"  *^''"'' 

(:?fi)  T-ywK  ofl^e").  p.  mi. 


406  JURORS RETURN  AND  SUMMONING  OF. 

county  clerk,  the  deposit  of  the  names  of  the  persons  re- 
turned, and  the  destruction  of  the  former  names,  upon  the 
coming  in  of  a  new  return,  shall  apply  to  the  city  and  county 
of  New- York,  and  to  the  officers  who  shall  be  appointed  by 
the  common  council  thereof,  to  make  such  returns. 

^'^citie^^^^"^  §  23.  The  several  wards  of  the  cities  of  Albany,  Troy, 
Hudson,  and  Schenectady,  shall  be  considered  towns,  for  the 
purposes  of  the  provisions  of  this  Title,  in  respect  to  the  re- 
turn of  jurors ;  and  the  supervisors  and  assessors  of  such 
wards  respectively,  shall  execute  the  duties  herein  enjoined 
upon  the  supervisors,  assessors  and  town  clerks  of  the  several 
towns  in  this  state  ;  except  that  a  duplicate  of  the  returns  of 
jurors  made  by  them,  shall  be  filed  in  the  office  of  the  clerk 
of  the  city  in  which  such  ward  may  be  situated. (37) 

whCTi  jnrorgto       §  24.  Fourtccn  davs  before  tlie  hoi  dine:  of  any  circuit  court 

be  drawn.  *  ,     .  .  -^  n  J 

or  sittmgs,  or  of  any  special  court  of  oyer  and  terminer,  when 
no  circuit  is  appointed  to  be  held  at  the  same  time,  or  of  any 
court  of  common  pleas  or  mayor's  court,  and  in  the  city  and 
county  of  New- York,  before  the  holding  of  the  superior  court 
of  law,  or  the  court  of  general  sessions,  the  clerk  of  the 
county  in  which  such  court  is  to  be  held,  shall  draw  the  names 
of  thirty-six  persons,  to  serve  as  jurors  at  such  court,  and 
any  number  in  addition  thereto,  that  shall  have  been  ordered 
according  to  law.  (38) 

Notkeofdraw-  ^  25.  At  Icast  six  days'  notice  of  such  drawing  shall  be 
given  by  sucii  clerk,  by  publishing  the  same  in  a  newspaper 
of  the  county,  if  there  be  any,  and  if  not,  by  affixing  such 
notice  on  the  outer  door  of  the  house  where  the  court  for 
which  such  jury  is  to  be  drawn,  is  about  to  be  held.  A  copy 
of  such  notice  shall  also  be  served  on  the  sheriff  of  the  county, 
and  upon  the  first  or  some  other  judge  of  the  county  courts, 
at  least  three  days  previous  to  the  time  appointed  therein  for 
drawing. 

and  cmimyS  §  ^6.  At  the  time  so  appointed,  it  shall  be  the  duty  of  the 
sheriff  of  the  county,  in  person,  or  by  his  under-sheriff,  and  of 
the  first  or  other  county  judge  on  whom  such  notice  shall 

(37)   1  R.  L.  p.  3-29,  $  13.  (38)  lb.  p.  328,  ^  11. 


JURORS RETURN  AND  SUMMONING  OF.  407 

have  been  served,  to  attend  at  the  clerk's  ofRce  of  the  county, 
to  witness  the  drawing  of  such  jury. 

§  27.  If  the  sheriff  or  county  judge  so  notified  do  not  ap-  ^.i^^'Jo^SeioUfied! 
pear,  the  clerk  shall  adjourn  the  drawing  of  such  jury  to  the 
next  day,  and  shall,  by  written  notice,  require  the  delinquent 
sheriff  or  judge,  or  some  other  county  judge,  or  any  two  jus- 
tices of  the  pe'acG,  to  attend  such  drawing  on  the  adjourned 
day. 

§  28.  If  at  the  adjourned  day,  the  sheriff  or  under-sheriff,  ^It^uh^^hi^.' 
and  a  county  judge  or  justice  of  the  peace,  appear,  or  if  any 
two  county  judges  or  justices  of  the  peace,  appear,  but  not 
otherwise,  the  clerk  shall  proceed,  in  the  presence  of  the 
officers  so  appearing,  to  draw  the  jury. 

§  29.  The  clerk  shall  conduct  such  drawing  as  follows:       Modeofdrawirj 

1.  He  shall  shake  the  box  containing  the  names  of  jurors  Box  to  be  shaken, 
returned  to  him,  so  as  to  mix  the  slips  of  paper  on  which 

such  names  were  written,  as  much  as  possible : 

2.  He  shall  then  publicly  draw  out  of  the  said  box,  as    ^lohlT^v!!!'^ 
many  of  the  said  slips  of  paper  containing  such  names,  as 

there  shall  be  jurors  required  by  law  or  specially  ordered 
for  such  court : 

3.  A  minute  of  the  drawing  shall  be  kept  by  one  of  the    ,^-^'^^ .  "^"^^ 

<-'  I  J  drawn  to  be  eu- 

attending  officers,  in  which  shall  be  entered  the  name  con-   ^^'^^'^• 
tained  on  every  sHp  of  paper  so  drawn,  before  any  other 
such  slip  shall  be  drawn : 

4.  If,  after  drawing  the  whole  number  required,  the  name  SdT&c.''Yo''be 
of  any  person  shall  appear  to  have  been  drawn  w^ho  is  dead,  '^^^^^'^"y*^*''  *^'^- 
or  become  insane,  or  who  is  permanently  removed  from  the 

county,  to  the  knowledge  of  the  clerk  or  any  other  attending 
officer,  an  entry  of  such  fact  shall  be  made  in  the  minute  of 
the  drawing,  and  the  slip  of  paper  containing  such  name 
shall  be  destroyed : 

5.  Another  name  shall  then  be  drawn,  in  place  of  that   other  names  to 

^  bo  drawn. 

contained  on  the  slip  of  paper  so  destroyed,  which  shall  be 
in  like  manner  entered  in  the  minutes  of  the  drawing : 

6.  The  same  proceedings  shall  be  had  as  often  as  may  be    Proceedinss  to 
necessary,  until  the  whole  number  of  jurors  required  shall 

have  been  drawn : 


408  JURORS RETURN  AND  SUM3I0NING  OF, 

si^Sidliied.  ^-  The  minute  of  the  drawing  shall  then  be  signed  by  the 
clerk  and  the  attending  officers,  and  shall  be  filed  in  the 
clerk's  office : 

egivSo  sheriff  ®-  ^  ^^^t  of  namcs  of  the  persons  so  drawn,  with  their 
additions  and  places  of  residence,  specifying  for  w^hat  court 
they  were  drawn,  shall  be  made  and  certified  by  the  clerk 
and  the  attending  officers,  and  shall  be  delivered  to  the  sheriff 
of  the  county. 

xttSng^^'aw^s  5  ^^'  ^^^  sheriff  shall  summon  the  persons  named  in  such 
list,  to  attend  such  court,  at  least  six  days  previous  to  the 
sitting  thereof,  by  giving  personal  notice  to  each  person,  or 
by  leaving  a  WTitten  notice  at  his  place  of  residence,  with 
some  person  of  proper  age.  He  shall  return  the  said  list  to 
the  court,  at  the  opening  thereof,  specifying  those  who 
were  summoned,  a«d  the  manner  in  which  each  person 
was  notified.  (39) 

Copies  of  lists  to      §  31.  It  shall  be  the  duty  of  the  county  clerk,  and  of  the 
applicants,      g^gj-iff,  to  furnish  any  person  applying  therefor,  and  paying 
the  fees  allowed  by  law  for  the  same,  a  copy  of  the  list  of 
jurors  drawn  to  attend  any  <iourt.(40) 

Fines  on  jurors       §  32.  Thc  court  to  which  auv  list  of  iurors  so  drawn  shall 

tor  default.  ■*  . 

be  returned  by  the  sheriff,  shall  impose  a  fine  not  exceeding 
twenty-five  dollars,  for  each  day  that  any  person  duly  sum- 
moned as  a  juror,  shall,  w^ithout  reasonable  cause,  neglect 
to  attend.  But  if  it  appear  by  such  return,  that  any  j^erson 
was  notified  by  leaving  a  written  notice  at  his  place  of  resi- 
dence, the  court  shall  suspend  such  fine,  until  the  defaulting 
juror  shall  be  notified,  as  provided  by  law. 

to%rdisdlarged      ^  ^^'  '^^^  ^^^^'^  ^^^^^  dischargc  any  person  from  serving 

fromeerviiig.         ^^^  r^  j^j-y^  j^  iJ-^g  following  Cases  I 

1.  When  it  shall  satisfactorily  appear  that  such  person  is 
not,  at  the  time,  the  ov/ner,  in  his  own  right,  or  in  the  right  of 
his  wife,  of  a  freehold  estate  in  real  property,  situated  within 
the  county,  of  the  value  of  one  hundred  and  fifty  dollars, 
and  is  not  the  owner  of  personal  property  to  the  value  of 
two  hundred  and  fifty  dollars  :  and  in  thc  counties  specified 

0 

3i))  1  R.  L.  p.  328.  ^^  11  &  J9.  (10)  Ibid.  ^  16. 


JURORS RETURN  AND  SUMMONING  OP.  409 

in  the  preceding  fourteenth  section,  that  such  person  is  not 
possessed  of  the  property  quaHfication  therein  required : 

2.  When  it  shall  appear  that  such  person  is  under  twenty- 
one  years  of  age,  or  over  sixty  years  of  age ;  or  that  he 
is  not  in  possession  of  any  of  his  rational  faculties  : 

3.  When  there  is  any  legal  exception  against  such  person : 

4.  When  such  person  is  a  non-commissioned  officer,  mu- 
sician or  private  of  any  uniformed  company  or  troop,  and  is 
duly  equipped  and  uniformed,  according  to  law,  and  shall 
claim  such  exemption.  The  evidence  of  such  exemption 
shall  be  the  certificate  of  the  commandinfr  officer  of  the 

o 

company  or  troop,  that  the  person  claiming  the  same  is  a 
niember  of  such  company,  and  is  duly  equipped  and  uniform- 
ed, according  to  law.  Such  certificate  must  be  dated  within 
three  months  df  the  time  of  presenting  the  same  ;  and  the 
signature  must  be  verified  by  oath.  Every  such  certificate 
shall  be  filed  with  the  clerk  of  the  court  to  which  it  shall  be 
offered : 

5.  When  such  person  is  a  member  of  any  company  of  fire- 
men, duly  organized  according  to  law : 

6.  When  such  person  is  in  the  actual  employment  of  any 
glass,  cotton,  linen,  woollen  or  iron  manufacturing  company, 
by  the  year,  month  or  season ; 

7.  When  such  person  is  a  superintendent,  engineer  or  col- 
lector of  any  canal  authorized  by  the  laws  of  this  state,  any 
portion  of  which  shall  be  actually  constructed  and  navigated  ; 

8.  When  such  person  is  a  minister  of  the  gospel,  or  teacher 
in  any  college  or  academy,  or  wlien  such  person  is  or  shall  be 
specially  exempted  by  law  from  serving  on  juries. (41) 

§  34.  When  the  court  shall  have  discharged  any  juror,  for  Baiiot  to  be  d«- 
any  of  the  causes  in  the  last  section  specified,  the  clerk  shall 
destroy  the  ballot  containing  the  name  of  the  juror. 

§  35.  The  court  to  which  any  person  shall  be  returned  as   Jurors  when  to 

•^    ^  be  excused. 

a  juror,  shall  excuse  such  juror  from  serving  at  such  court, 
whenever  it  shall  appear, 

1.  That  he  is  a  practising  physician,  and  has  patients  re- 
quiring his  attention:  or, 

2.  That  he  is  a  surrogate  or  justice  of  the  peace,  or  exe- 

Ml)  1  R.  L.  p.  335,  section  28  ;  Laws  of  1817,  p.  54. 

52 


^10  JURORS RETURN  AND  8UMMONINO  OP. 

cutes  any  other  civil  office,  the  duties  of  which  are,  at  the 
time,  inconsistent  with  his  attendance  as  a  juror : 

3.  That  he  is  a  teacher  in  any  school,  actually  employed 
and  serving  as  such  : 

4.  When,  for  any  other  reason,  the  interests  of  the  public, 
or  of  the  individual  juror,  will  be  materially  injured  by  such 
attendance  ;  or  his  own  health,  or  that  of  any  member  of  his 
family,  requires  his  absence  from  such  court : 

And  when  any  person  shall  be  so  excused  from  serving, 
his  name  shall  be  returned  to  the  box  from  which  it  was  taken. 

^"'i^^edol''*''  ^  3^-  -^ftcr  the  adjournment  of  any  court  at  which  any 
jurors  shall  have  beei>  returned,  as  herein  provided,  the  cle^k 
shall  deposit  the  ballots  containing  the'  names  of  those  who 
attended  and  served  as  jurors,  in  a  box  distinct  from  that 
from  which  they  were  taken;  and  the  ballots  containing  the 
names  of  those  who  did  not  appear  and  serve  as  jurors, 
which  shall  not  have  been  destroyed,  shall  be  returned  to  the 
box  from  which  they  were  taken.  (42) 

«erta|n  Hats  ta     &  37.  The  clcrk  of  the  circuit  court  and  sittings,  the  clerk 

be    delivered    to         '  ^ 

New-York''''^  o^of  the  courts  of  oycr  and  terminer  and  general  sessions,  and 
the  clerk  of  the  superior  court  of  law  in  the  city  and  county 
of  New-York,  within  one  week  after  the  termination  of  every 
sitting  of  their  respective  courts,  shall  deliver  to  the  clerk 
of  the  city  and  county  of  New-York,  a  certified  list  of  all  the 
jurors  who  were  returned  to  such  court,  and  shall  specify 
'    therein, 

1.  Those  who  appeared  and  served : 

2.  Those  who  were  discharged  on  account  of  their  being 
exempt  from  serving  on  juries,  or  on  account  of  their  being 
unqualified : 

3.  Those  who,  for  any  other  reason,  were  excused  from 
serving,  and  those  who  made  default  in  appearing  and  serv- 
ing.(43). 

duty  thereon.      §  38.  Thc  couuty  clcrk  shall  return  to  the  box  from  which 

they  were  taken,  the  names  of  those  jurors  who  appear,  from 

•      such  certified  list,  to  have  been  excused  from  serving,  or  to 

have  made  default  in  their  appearance  ;  he  shall  destroy  the 

ballots  containing  the  names  of  those  who  Were  discharged 

(42)  1  R.  L.  p.  335,  section  11.  v43)  Ibid.  p.  329,  section  12. 


JURORS RETURN  AND  SUMMONING  OF.  411 

on  account  of  their  being  exempt,  or  on  account  of  their  being 
unqualified ;  and  he  shall  deposit  the  ballots  containing  the 
names  of  those  who  appeared  and  served,  in  a  separate  box, 
distinct  from  that  from  which  they  were  taken. 

§  39.  If  at  the  time  of  drawing  any  jury  by  the  clerk,  as  ^eeSribor 
herein  provided,  there  shall  not  be  a  sufficient  number  of 
ballots  remaining  in  the  first  box  in  which  they  were  de- 
posited, after  drawing  all  that  may  be  therein,  the  clerk  shall 
proceed  to  draw  the  necessary  number  from  the  second  box 
herein  before  mentioned,  containing  the  names  of  those  jurors 
who  have  before  served ;  and  shall  continue  to  draw  from 
such  box,  until  a  new  return  of  jurors  be  made  by  the  town 
ofiicers,  as' herein  provided. 

§  40.  Upon  every  new  return  of  jurors  bein^  made,  the  when oidbaiioi* 

^  I  ^'  J  o  '  to  be  destroyed. 

'clerk  shall  destroy  all  the  ballots  remaining  in  either  of  the 
boxes  provided  by  him,  and  shall  proceed  to  make  out  new 
ballots,  and  deposit  and  draw  them  in  the  same  manner  herein 
prescribed  in  relation  to  the  first  return  of  jurors. 

§  41.  Whenever,  in  the  opinion  of  any  circuit  iudffe,  more    cireuit  judg« 

,  ,  .  .       .  ,      n  ,  •        1  ,  .  .     »"ay  order  more 

■than  thirty-six  jurors  shall  be  required  to  attend  any  circuit  jurors, 
court  or  court  of  oyer  and  terminer,  he  may,  by  an  order  un- 
der his  hand,  direct  such  additional  number  of  jurors  as  he 
shall  deem  necessary,  not  exceeding  twenty-four,  to  be  drawn. 

§  42.  Such  order  shall  be  served  on,  and  filed  with  the  ^'^^^^  "-"^^^^  ^ 

.  .  be  served,  &.c. 

clerk  of  the  county  in  which  such  court  is  to  be  held,  at  least 
twenty  days  previous  to  the  day  appointed  for  the  commence- 
ment thereof;  and  the  said  clerk  shall  thereupon  draw  the 
number  specified  in  such  order,  in  addition  to  the  number  of 
thirty-six,  and  shall  proceed,  therein  in  all  respects,  in  the 
same  manner  herein  prescribed. 

§  43.  Any  judge  holding  any  sittings  or  circuit  court  in  jvpwpanpisin 
the  city  and  county  of  New-York,  the  judge  or  judges  hold- 
ing the  superior  court  of  law,  the  judge  holding  the  court  of 
common  pleas,  or  holding  the  court  of  general  sessions  of  the 
peace,  in  the  said  city  and  county,  may  during  the  continu- 
ance of  any  such  court,  as  often  as  it  may  be  necessary,  or- 
der a  new  panel  of  thirty-six  jurors  to  be   drawn  to  attend 


412  JURY— GRAND. 

such  court.  Upon  such  order  being  served  on  the  clerk  of 
the  city  and  county  of  New- York,  he  shall  proceed  to  draw 
the  jurors  so  ordered,  and  deliver  a  Hst  of  the  names  drawn 
to  the  sheriff,  in  the  same  manner  as  herein  provided  in  rela- 
tion to  other  jurors.  (44) 

Ibid.  §  44.  The  sheriff  shall  summon  such  jurors  in  the  manner 

herein  directed  respecting  the  first  jury  diawn,  and  shall  in 
like  manner  return  the  names  of  those  summoned  to  the  court. 

b«d5ch^"'^S^&c      ^  ^^*  Upo^^  *^^  attendance  of  such  new  jurors,  the  former 

jurors  shall  be  discharged,  and  all  trials  and  proceedings  in 

such  court  shall  be  had  before  such  new  jurors,  in  the  same 

manner  as  the  same  might  have  been  had  before  such  former 

.  jurors. 


Revised  Statutes,  Vol.  2,  p.  270. 
ARTICLE  FIRST. 

OF  THE    RETURN   AND  SUMMONING    OF    GRAND   JURIES;    THEIR 
POWERS  AND  DUTIES. 

Sect.  1,  2.  Lists  of  grand  jurors,  whon  and  by  whom  to  be  prepared. 
3,  4.  Who  to  be  placed  on  lir-t ;  who  to  be  omitted. 

5.  Contents  of  lists,  how  certified  ;  when  and  where  to  be  filed. 

6.  County  clerk  to  deposit  names  returned  in  a  box. 

7.  How  greater  number  may  be  required  in  New- York. 

8.  How  number  to  be  increased  in  other  counties. 

9.  Duty  of  supervisors  on  receiving  order  for  increase. 

10,  U.  Time  and  mode  of  drawing  grand  jurors  for  any  court. 

12.  Grand  jurors  how  to  be  summoned  and  returned. 

13.  When  to  be  fincrl  for  non-attendance,  &c. 

14.  When  grand  jurors  may  be  discharged. 

15, 16, 17.  When  ballot  to  be  returned  to  box ;  when  to  be  destroyed. 

18.  Proceedings  when  same  person  drawn  on  grand  and  petit  jury. 

19.  Clerk  to  draw  from  box  until  new  list  is  received. 
5J0, 21.  When  names  to  be  added  to  box  by  county  judge. 
22.  Drawing  and  summoning  jury  in  such  case. 

23, 24.  Deficiency  in  number  of  persons  attending,  how  supplied. 

25.  Precept  to  summon  grand  jury  ibr  sessions,  not  nece.ssary. 

26:  Number  to  constitute  jury ;  foreman  how  appointed. 

27, 28.  Challenges  to  grand  jurors,  when  and  for  what  causes  allowed. 

29.  Foreman  authorized  to  administer  oaths. 

30.  Jury  may  appoint  a  clerk  ;  his  duties. 

31.  What  jurors  may  be  required  to  disclose  ;  what  not  to  be  published. 
S2.  When  district  attorney  to  attend  jury. 

33.  When  to  be  allowed  to  attend ;  deliberations  of  jury  to  be  private, 

34,  35.  In  what  cases  and  how  new  grand  jury  may  be  summoned. 

Lists  of  grand       §  L  The  supcrvisoi's  of  the  several  counties  of  this  state, 
jurors.        except  the  city  and  county  of  Ncw-Yovk,  at  their  annual 

(44)  1  R.  L.  p  337,  section  G. 


JURY— GRAND.  41'8 

meetings  in  each  year,  shall  prepare  a  list  of  the  names  of 
three  hundred  persons,  to  serve  as  grand  jurors  at  the  courts 
of  oyer  and  terminer,  and  courts  of  general  sessions,  to  be 
held  in  their  respective  counties  during  the  then  ensuing  year, 
and  until  new  lists  shall  be  rcturned.(19) 

§  2.  The  mayor,  recorder  and  aldermen  of  the  city  of  "''''yo",^^'^^' 
New- York,  shall  meet  on  the  second  Monday  of  July  in  each 
year,  as  a  board  of  supervisors  of  that  city  and  county,  and 
shall  prepare  a  list  of  the  names  of  six  hundred  persons,  to 
serve  as  grand  jurors  at  the  different  courts  of  oyer  and  ter- 
miner, and  general  sessions,  to  be  held  in  that  city  during  the 
then  ensuing  year,  and  until  new  lists  shall  be  returned.  (19) 

§  3.  In  preparing  such  lists,  the  said  boards  of  supervi-  ^^^^"o^^fsJ''*"** 
sors  shall  select  such  persons  only,  as  they  know,  or  have 
good  reason  to  believe,  are  possessed  of  the  qualifications  by 
law  required  by  persons  to  serve  as  jurors  for  the  trial  of  is- 
sues of  fact,  and  ai'e  of  approved  integrity,  fair  character, 
sound  judgment,  and  well  informed. 

^  4.  Persons  exempt  by  law  from  serving  as  jurors  for  the     ^^^.  '<»''« 
trial  of  issues  of  fact,  shall  not  be  placed  on  any  hst  of  grand 
jurors,  required.by  the  preceding  provisions. 

§  5.  The  lists  so  made  out  by  the  said  boards  of  supervi-  contents  of  lists, 
sors,  shall  contain  the  christian  and  surnames,  at  length,  of 
the  persons  named  therein,  their  respective  places  of  resi- 
dence, and  their  several  occupations  ;  it  shall  be  certified  by 
the  clerk  of  the  board  of  supervisors,  and  shall  be  fil(?d  in  the 
office  of  the  clerk  of  the  county,  within  ten  days  after  the  first 
day  of  the  meeting  at  which  the  same  is  herein  directed  to 
be  made.  (20) 

§  6.  On  receiving  such  list,  the  county  cle1;k  shall  v/rite    Duty  of  county 
the  names  of  the. persons  contained  therein,  w^ith  their  addi-         ^'*^'^'^' 
tions  and  places  of  residence,  on  separate  pieces  of  paper,  and 
shall  roll  up  or  fold  such  pieces  of  paper,  each  in  the  same 
manner,  as  near  as  may  be,  so  that  the  name  written  thereon 
shall  not  be  visible  ;  and  shall  deposit  such  pieces  of  paper  in 

(10)  Laws  of  1827,  p.  312,  section  ].&  4.  (20)  Ibid.     ' 


414  JURY— GRAND. 

a  sufficient  box,  from  which  they  shall  be  drawn  as  herein 
after  provided.  (21)  v 

Increasing  num-      §  7.  If  the  circuit  iudffe  of  the  first  circuit,  the  mayor  and 

ber  of  jurors  in  jo  ^  j 

New-York.  recorder  of  the  city  of  New- York,  or  any  two  of  them,  shall 
at  any  time  be  of  opinion  that  a  greater  number  of  persons 
than  that  herein  required,  should  be  returned,  to  serv^e  as 
grand  jurors,  they  may,  by  an  order  under  their  hands,  direct 
such  number  to  be  increased ;  but  such  increase  shall  not 
exceed  one  half  the  number  herein  required  to  be  selected 
for  that  city  and  county. 


Ibid,  in  other 
counties. 


§  8.  If  the  county  judges  of  any  other  county  of  this  state, 
or  any  three  of  them,  shall  at  any  time  be  of  opinion  that  a 
greater  number  of  persons  than  that  herein  required,  should 
be  returned  to  serve  as  grand  jurors  in  their  county,  they 
may,  by  an  order  under  their  hands,  direct  such  number  to  be 
increased ;  but  such  increase  shall  not  exceed  one  half  the 
number  herein  required  to  be  selected  for  such  county. 


Duty  of  super- 
visors. 


§  9.  Upon  any  order  which  is  authorized  by  the  two  last 
sections,  being  served  upon  the  board  of  supervisors,  they 
shall  at  their  next  annual  meeting,  increase  the  number  of 
persons  returned  by  them  to  serve  as  grand,jurors,  pursuant 
to  such  order. 


Time,  &c.  of 
drawing  grand 
jurors, 


§  10.  At  the  time  of  drawing  the  names  of  jurors  for  the 
trial  of  issues  of  fact,  in  any  court  of  oyer  and  terminer, 
and  at  the  time  of  drawing  such  jurors  for  any  term  of  the 
court  of  common  pleas  of  the  county  at  which  a  court  of  ge- 
neral sessions  may  by  law  be  held,  the  county  clerk,  in  the 
presence,  and  with  the  assistance  of  the  sheriff  or  under- 
sheriff,  and  of  a  county  judge  or  justice  of  the  peace,  or  two 
county  judges  or  justices  of  the  peace,  who  shall  have  attended 
for  the  purpo^  of  drawing  the  petit  jury -for  such  court,  shall 
proceed  and  draw  the  names  of  twenty-foiir  persons,  from 
the  box  in  which  the  pieces  of  paper  shall  have  been  depo- 
sited for  that  purpose,  to  serve  as  grand  jurors  at  such 
court  of  oyer  and  terminer,  or  general  sessions,  as  the  case 
may  be.  (22) 


(21; 


Lawi  of  ]P27,  p.  312,  section  2.  (22)  Ibid. 


JURY— GRAND. 


415 


§  11.  Such  drawing  shall  be  conducted  in  all  respects,  in  Mod«  of  drawing, 
the  manner  prescribed  by  law  for  drawing  petit  jurors ; 
a  minute  of  such  drawing  shall  be  kept,  signed  and  filed  in 
the  like  manner ;  and  a  list  of  the  persons  so  drawn,  with 
their  additions  and  places  of  residence,  and  specifying  for 
what  court  they  shall  have  been  drawn,  shall  be  made  and 
certified  by  the  clerk  and  the  attending  officers,  and  shall  be 
delivered  to  the  sheriff  of  the  county.  (23) 

§  12.  The  sheriff  shall  summon  the  persons  named  in  such  "nd  rauS*** 
list,  to  attend  such  court  as  grand  jurors,  at  least  six  days 
previous  to  the  sitting  of  such  court,  to  give  personal  notice 
to  each  person,  or  by  leaving  a  written  notice  at  his  place  of 
residence,  with  some  person  of  proper  age.  He  shall  re- 
turn such  list  to  the  court  at  the  opening  thereof,  specifying 
those  who  were  summoned,  and  the  manner  in  which  each 
person  was  notified. 


§  13.  The  court  to  which  any  list  of  grand  jurors  so  drawn 
shall  be  returned  by  the  sherift',  shall  impose  a  fine  not  ex- 
ceeding twenty-five  dollars,  for  each  day  that  any  person 
duly  summoned  as  a  grand  juror  shall,  without  reasonable 
cause,  neglect  to  attend.  But  if  it  appear  that  any  such  per- 
son was  notified  by  leaving  a  written  notice  at  his  place  of 
residence,  the  court  shall  suspend  such  fine,  until  the  default- 
ing grand  juror  shall  be  notified,  as  provided  by  law. 


Fines  for  not 
allondini;. 


§  14.  The  court  may  discharge  any  person  from  serving 
as  a  grand  juror,  in  the  same  cases,  in  which  petit  jurors 
may  by  law  be  discharged. 


Dischnrging 
Uiem. 


§  15.  When  any  person  drawn  as  a  grand  juror,  shall  not  Returning^baiiot 
attend  the  court  for  which  he  was  drawn,  or  shall  be  excused 
for  the  term  only,  his  name  shall  be  returned  into  the  box  of 
undrawn  ballots  for  that  year.  (24) 

§  16.  When  any  person  drawn  as  a  grand  juror,  shall  have    Destroying  it. 
attended  and  performed  his  duty  as  such  at  any  court,  the 
ballot  containing  his  name  shall  be  destroyed,  and  he  shall  not 


(23)  Laws  of  1827,  p.  312,  section  2. 


(21)  Ibid,  $3. 


416  JURY— GRAND. 

be  again  required  to  serve  as  a  grand  juror  during  the  year 
for  which  his  name  was  returned.  (24) 

Ibid.  §  17.  When  any  person  drawn  as  a  grand  juror,  shall  be 

discharged  by  the  court,  or  excused  from  attending,  on  ac- 
count of  any  disqualification,  or  for  any  other  cause  not 
being  of  a  temporary  nature,  the  ballot  containing  his  name 
shall  be  destroyed. (24) 

(frawu  on  both        §18-  When  the  same  person  shall  be  drawn  as  a  grand 
juries.  juror  and  as  a  petit  juror,  to  attend  the  same  court,  his  name 

shall  be  omitted  from  the  list  of  petit  jurors,  and  another 
name  shall  be  drawn  from  the  box  containing  the  names  of 
persons  returned  to  serve  as  petit  jurors  ;  and-  after  the 
completion  of  the  drawing  of  the  petit  jurors,  the  name  of 
s  ch  person  drawn  for  the  grand  jury,  shall  be  returned  into 
the  box  containing  the  undrawn  names  of  petit  jurors. 

Drawing,  &c.  §  19.  If  any  new  list  of  persons  to  serve  as  grand  jurors, 
shall  not  be  returned  to  the  county  clerk,  before  he  shall  have 
completed  the  drawing  of  the  grand  jurors  for  any  court,  he 
shall  proceed  to  draw  grand  jurors  in  the  manner  herein 
provided,  from  the  box  containing  the  names  of  those  already 
returned^  for  that  purpose,  notwithstanding  they  may  have 
been  returned  for  a  year  then  expired,  or  which  will  expire 
before  the  end  of  the  term  or  sitting  of  the  court  for  w^hich 
they  shall  be  drawn ;  and  such  person  shall  be  summoned 
and  shall  serve  in  the  same  manner,  and  be  subject  to  the 
same  penalties  for  neglect,  as  if  such  year  had  not  expired. 

Adding  names      §  20.  When  it  shall  appear  upon  the  representation  of  a 

to  box  by  county         "*  ,ii  i  -ii  nr 

judge.  county  clerk,  that  there  ai*e  less  than  mty  names  remammg 

in  the  box  containing  the  names  of  persons  returned  to  serve 
as  grand  jurors,  any  three  judges  of  the  county  courts  may 
select  from  the  citizens  of  the  county  qualified  to  serve  as 
grand  jurors,  and  who  shall  not  have  served  during  the  pre- 
ceding twelve  months,  the  names  of  fifty  persons,  to  serve 
as  grand  jurors. 

How  and  when      &21.  Such  uamcs  sliall  be  certified  to  the  countv  clerk, 

to    be    deposited  n  •       ^  •         rr-  i      ii         " 

and  drawn.        ^ylio  shall  file  sucli  Certificate  m  ms  office,  and  shall  cause 

(24)  Laws  of  1627,  p.  312,  eecuon  3. 


JURY—GRAND.  4n 

such  names  to  be  written  on  distinct  pieces  of  paper,  and  depo- 
sited in  the  box  containing  any  undrawn  names  of  persons  re- 
turned to  serve  as  grand  jurors,  or  if  there  be  none,  then  in  a 
proper  box  ;  and  from  such  box,  in  either  case,  the  clerk  shall 
draw  a  grand  jury  to  serve  for  any  court  of  oyer  and  terminer 
or  general  sessions,  to  be  held  immediately  after  such  drawing. 

§  22.  Such  drawing  shall  be  made  at  the  time,  and  in  the    BiJ^SSiJJ.** 
same  manner,  in  all  respects,  as  herein  provided  in  respect 
to   persons  returned  by  the  supervisors,  and   the  persons 
drawn  shall  be  summoned  in  like  manner,  and  subject  to  the 
same  penalties  for  neglect. 

§  23.  If  at  any  court  of  oyer  and  terminer,  or  court  of  ge-  cfency  [n"urorV?* 
neral  sessions,  there  shall  not  appear  at  least  sixteen  persons 
duly  qualified  to  serve  as  grand  jurors,  who  shall  have  been 
summoned  for  that  purpose,  or  if  the  number  of  grand  jurors  • 

attending  shall  be  reduced  below  sixteen,  by  any  of  them  be- 
ing discharged,  or  otherwise,  such  court  may,  by  an  order 
to  be  entered  in  its  minutes,  direct  the  sheriff  of  the  county 
to  summon  the  number  of  persons  necessary  to  complete  the 
grand  jury  for  such  court. 

§  24.  The  sheriff  shall  summon  such  persons  accordingly,  ibid, 
who  shall  be  bound  forthwith  to  attend  and  serve,  unless  ex- 
cused by  the  court,  in  the  same  manner  and  subject  to  the 
same  penalties  for  neglect,  as  persons  duly  drawn  by  the 
county  clerk  and  summoned  by  the  sheriff,  as  herein  pro- 
vided. 

§  25.  It  shall  not  be  necessary  for  the  judges  of  the  county  rj^^^^PJ^^'JJjJ^^J 
courts  or  the  justices  of  the  peace,  of  any  county,  to  issue  a'»oJ«hed. 
any  precept  to  the  sheriff  to  summon  any  grand  jury  for  any 
court  of  general  sessions  ;  but  the  list  of  persons  certified  to 
be  drawn  for  that  purpose  by  the  county  clerk  and  the  of- 
ficers attending  such  drawing,  shall  authorize  and  make  it 
the  duty  of  the  sheriff,  to  summon  and  return  such  persons 
as  grand  jurors. 

§  26.  There  shall  not  be  more  than  twenty-three  nor  less  Number  or  ju- 

.  1  •  1  r  1        rors;  foreman. 

than  sixteen  persons  sworn  on  any  grand  jury  ;  and  from  the 
persons  summoned  to  serve  as  grand  jurors  and  appearing, 

58 


418  JURY— GRAND. 

the  court  shall  appoint  a  foreman,  and  they  shall  also'appoint 
a  foreman  in  every  case  where  any  person  already  appoint- 
ed, shall  be  discharged  or  excused  before  the  grand  jury  are 
dismissed. 


Challenges 
jurors. 


§  27.  A  person  held  to  answer  to  any  criminal  charge,  may 
object  to  the  competency  of  any  one  summoned  to  serve  as 
a  grand  juror,  before  he  is  sworn,  on  the  ground  that  he  is 
the  prosecutor  or  complainant  upon  any  charge  against  such 
person,  or  that  he  is  a  witness  on  the  part  of  the  prosecution, 
and  has  been  subpoenaed  or  been  bound  in  a  recognizance  as 
such ;  and  if  such  objection  be  established,  the  person  so 
summoned  shall  be  set  aside. 

^°ii5^d?^  §  28.  No  challenge  to  the  array  of  grand  jurors,  or  to  any 
person  summoned  to  serve  as  a  grand  juror,  shall  be  allow- 
ed in  any  other  cases  than  such  as  are  specified  in  the  last 
section. 

SSr"o2iS:  §  29.  The  foreman  of  every  grand  jury,  from  the  time  of 
his  appointment  to  his  discharge,  shall  be  authorized  to  ad- 
minister any  oath,  declaration  or  affirmation,  in  the  manner 
prescribed  by  law,  to  any,  witnesses  who  shall  appear 
before  such  grand  jury,  for  the  purpose  of  giving  evi- 
dence in  any  matter  cognizable  by  them. (25) 

Clerk  of  grand  §  30.  Every  grand  jury  may  appoint  one  of  their  number 
to  be  a  clerk  thereof,  to  preserve  minutes  of  their  proceed- 
ings ^nd  of  the  evidence  given  before  them  ;  which  minutes 
shall  be  delivered  to  the  district  attorney  of  the  county,  when 
so  directed  by  the  grand  jury. 

Disclosures  by  §  31.  Members  of  the  grand  jury  may  be  required  by  any 
court,  to  testify  whether  the  testimony  of  a  witness  examin- 
ed before  such 'jury,  is  consistent  with  or  different  from,  the 
evidence  given  by  such  witness  before  such  court ;  and  they 
may  also  be  required  to  disclose  the  testimony  given  before 
/  them  by  any  person,  upon  a  complaint  against  such  person 
for  perjury,  or  upon  his  trial  for  such  offence  ;  but  in  no  case 
can  a  member  of  a  grand  jury  be  obliged  or  allowed  to  testify 

(io)  1  R.  L.  p.  525,  section  27. 


JURY— GRAND.  41d 

or  declare,  in  what  manner  he  or  any  other  member  of  the 
jury  voted  on  any  question  before  them,  or  what  opinions 
were  expressed  by  any  juror,  in  relation  to  any  such  ques- 
tion. 

§  32.  Whenever  required  by  the  grand  jury,  it  shall  be  IJSliTiS*' 
the  duty  of  the  district  attorney  of  the  county  to  attend  them 
for  the  purpose  of  examining  witnesses  in  their  presence,  or 
of  giving  them  advice  upon  any  legal  matter;  and  to  issue 
subpoenas  and  other  process  to  bring  up  witnesses. 


.§  33.  The  district  attorney  of  the  county  shall  be  allowed  ^^-  f*^^*^: 
at  all  times  to  appear  before  the  grand  jury,  on  his  request,  ^**«- 
for  the  purpose  of  giving  information  relative  to  any  matter 
cognizable  by  them ;  and  may  be  permitted  to  interrogate 
witnesses  before  them,  when  they  shall  deem  it  necessary  : 
but  no  district  attorney,  constable  or  any  other  person,  ex- 
cept the  grand  jurors,  shall  be  permitted  to  be  present  during 
the  expression  of  their  opinions,  or  the  giving  of  their  votes, 
upon  any  matter  before  them. 

§  34.  If  any  offence  shall  be  committed  during  the  sitting   when  new  jury 
of  any  court  of  oyer  and  terminer  or  court  of  general  ses-   ^^^ 
sions,  after  the  grand  jury  attending  such  court  shall  have 
been  discharged,  such  court  may,  in  its  discretion,  by  an  or- 
der to  be  entered  in  its  minutes,  direct  the  sheriff  to  summon 
another  grand  jury. 

§  35.  The  she  riff  shall  accordingly  forthwith  summon  such  How  tumrBoned, 
grand  jury  from  the  inhabitants  of  the  county  qualified  to 
serve  as  petit  jurors,  who  shall  be  returned  and  sworn,  and 
shall  proceed  in  the  same  manner  in  all  respects,  as  provided 
by  law  in  respect  to  other  grand  juries. 


420 


JUVENILE  DELINQUENTS. 


JIJVEIVILE   DiEL,Il\QlJET¥TS, 


Preamble. 


Cftrpontion 
created. 


Style,  4ce. 


Proviso. 


Sect.  1.  Corporation  created. 

2.  Concerns  to  be  conducted  by  30  managers, 

3.  Elections. 

4;  Power  and  duty  of  managers. 

5.  Certain  clauses  relating  to  apprentices  to  apply. 

6.  By-laws  ;  annual  reports  to  be  made. 

7.  Declared  a  public  act. 

9.  Delinquents  received  from  any  county  in  the  state. 

10.  Health  commissioners  to  account. 

11.  Transportation  of  delinquents. 

12.  Provision  for  repeal  of  act. 

13.  Annual  appropriation. 

14.  15.  Repealing  clauses. 
IC.  license  for  theatres. 

17.  Proceeds  to  be  paid  to  the  treasurer  of  society. 

18.  Account  to  be  rendered. 

19.  Allowance  for  collecting  hospital  monies. 

20.  Annual  payments  to  the  treasurer  of  society. 

21.  The  third  section  ot  the  act  of  1829  repealed. 

AN  ACT  to  Incoiyorate  the  Society  for  the  Reformation  of 
Juvenile  Delinquents  in  the  City  of  New-York. 

Passed  March  29,  1824,  chap.  126,  p.  110. 

Whereas  by  the  petitions  of  several  inhabitants  of  the 
city  of  New-York,  it  is  represented  that  they  are  desirous  of 
establishing  a  society  and  house  of  refuge,  for  the  reforma- 
tion of  juvenile  delinquents  in  the  said  city,  and  have  prayed 
to  be  incorporated :  Therefore, 

L  §  L  Beit  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  all  such  persons 
as  now  are,  or  hereafter  shall  become  subscribers  to  the  said 
association,  pursuant  to  the  by-laws  thereof,  shall  be,  and 
hereby  are  constituted  a  body  corporate  and  politic,  by  the 
name  of  "  The  managers  of  the  society  for  the  reformation 
of  juvenile  delinquents  in  the  city  of  New- York  ;"  and  by  that 
name  they  shall  have  perpetual  succession,  and  being  in  law 
capable  of  suing  and  being  sued,  defending  and  being  de- 
fended, in  all  courts  and  places,  and  in  all  manner  of  actions 
and  causes,  whatsoever ;  and  may  have  a  common  seal,  and 
change  the  same  at  their  pleasure  ;  and  shall  be  capable  in  law, 
by  that  name  and  style,  of 'purchasing,  holding  and  convey- 
ing any  estate,  real  or  personal,  for  the  use  of  the  said  corpo- 
ration :  Provided,  That  such  real  estate  shall  never  exceed 
the  yearly  value  of  ten  thousand  dollars,  nor  be  applied  to 
any  other  purposes  than  tho.se  for  which  this  incorporation . 
is  formed. 


JUVENILE  DELINQUENTS. 


421 


2.  §  2.  And  be  it  further  enacted^  That  the  estate  and  con- 
cerns of  the  said  corporation  shall  be  conducted  by  a  board 
of  thirty  managers,  to  be  elected  by  a  plurality  of  ballots  of 
the  members  resident  in  the  city  of  New- York,  being  sub- 
scribers as  aforesaid,  and  present  at  such  election,  yearly  on 
the  third  Monday  in  November,,  at  such  place  in  the  said 
city,  and  at  such  time  of  the  day,  as  the  board  of  managers 
may  from  time  to  time  appoint,  and  of  which  public  notice 
shall  be  given  ;  and  if  any  vacancy  shall  occur  by  the  resig- 
nation, rem6val  or  otherwise,  of  any  one  of  the  said  board, 
the  same  shall  be  filled  for  the  remainder  of  the  year  by  such 
person  or  persons,  being  subscribers  as  aforesaid,  as  the 
board  for  the  time  being,  or  a  major  part  of  them,  shall  ap- 
point ;  and  until  the  election  on  the  third  Monday  in  Novem- 
ber, in  the  year  one  thousand  eight  hundred  and  twenty-five, 
the  following  persons  shall  compose  the  said  board  of  mana- 
gers, to  wit :  Cadwallader  D.  Golden,  John  Griscom,  John 
Duer,  Jonathan  W.  Wainvvright,  Isaac  GoUins,  Thomas 
Eddy,  Ansel  W.  Ives,  John  T.  Irving,  John  E.  Hyde,  Gor- 
nclius  Dubois,  James  W.Gerard,  Joseph  Gurtis,  John  Stearns, 
Ralph  Olmstead,  Robert  F.  Mott,  Stephen  Allen,  Henry  J. 
Wyckoff,  Samuel  Gowdrcy,  John  Targee,  Arthur  Burtis,  Jo- 
seph GrlnncU,  Hugh  Maxwell,  Henry  Mead,  Peter  A.  Jay, 
Gilbert  Goutant,  Gornelius  R.  Duffy,  and  James  Lovett :  And 
it  is  hereby  further  enacted,  That  no  manager  of  the  said  soci- 
ety shall  receive  any  compensation  for  his  services. 


Concerns  to  be 
conducted  by 
thirty  mana- 
gers. 


First  manogeri: 


,  3.  §  3.  And  be  it  further  enacted,  That  if  the  annual  elec- 
tion shall  not  take  place  on  the  stated  day  for  that  purpose, 
the  said  coloration  shall  not  thereby  be  dissolved,  but  the 
members  of  the  said  board  shall  continue  in  oflice  until  a  new 
election,  which  shall  be  had  at  such  time  and  place,  and  after 
such  notice,  as  the  said  board  shall  prescribe  :  and  in  case  of 
an  equality  of  votes  for  any  one  or  more  persons,  as  a  mem- 
ber or  members  of  the  said  board  of  managers,  the  said 
board  shall*  determine  which  of  such  persons  shall  be  con- 
sidered as  elected,  and  such  person  or  persons  shall  take  his 
or  their  seats,  and  act  accordingly. 


Election*. 


4.  §  4.  And  be  itfurther  enacted.  That  the  said  managers  shall  Powrr  and  »hjry 
have  power,  in  their  discretion,  to  receive  and  take  into  the  "'^'^^ 

house  of  refuge  to  be  established  by  them,  all  such  children, 


•    I 


423  JUVENILE  DELINQUENTS. 

who  shall  be  taken  up  or  committed  as  vagrants,  or  convicted 
of  criminal  offiences,  in  the  said  city,  as  may  in  the  judgment 
of  the  court  of  general  sessions  of  the  peace  or  of  the  court 
of  oyer  and  terminer,  in  and  for  the  said  city,  or  of  the  jury 
%  before  whom  any  such  offender  shall  be  tried,  or  of  the  po- 

lice magistrates,  or  of  the  commissioners  of  the  almshouse 
and  bridewell  of  the  said  city, .  be  proper  objects  ;  and  the 
said  managers  shall  have  power  to  place  the  said  children 
committed  to  their  care,  during  the  minority  of  such  children, 
at  such  employments,  and  to  cause  them  to  be  instructed  in 
such  branches  of  useful  knowledge,  as  shall  be  suitable  to 
their  years  and  capacities  ;  and  they  shall  have  power  in 
their  discretion,  to  bind  out  the  said  children,  with  their  con- 
sent, as  apprentices  or  servants,  during  their  minority,  to 
such  persons,  and  at  such  places,  to  learn  such  proper  trades 
and  employments,  as  in  their  judgment  will  be  most  for  the 
reformation  and  amendment,  and  the  future  benefit  and  ad- 
vantage of  such  children:  Provided,  That  the  charge  and 
power  of  the  said  managers,  upon  and  over  the  said  children, 
shall  not  extend,  in  the  case  of  females,  beyond  the  age  of 
eighteen  years. 

Certain  ciausea      5.  §  5.  And  be  it  further  enacted,  That  all  and  sino^ular  the 

to  apply  to  this  •"  .    /         .        ,  .  i     i         . 

#«.  clauses  and  provisions  m  the  act,  entitled  "  An  act  concern- 

ing apprentices  and  servants,"  relating  to  the  covenants  to  be 
inserted  in  the  indentures  of  apprentices  and  servants,  made 
by  the  overseers  of  the  poor,  and  the  provisions  of  the  sixth, 
ninth,  tenth,  eleventh,  twelfth  and  thirteenth  sections  of  the 
last  mentioned  act,  shall  apply  to  the  said  apprentices  and 
servants,  and  the  persons  to  whom  they  may  be^ound,  under 
and  by  virtue  of  this  act. 

By-iawi.  6.  §  6.  And  be  it  further  enacted,  That  the  said  managers ' 

under  this  act,  may  from  time  to  time  make  by-laws,  ordi- 
nances and  regulations,  relative  to  the  management  and  dis- 
position of  the  estate  and  concerns  of  the  said  corporation, 
and  the  management,  government,  instruction,  discipHne,  em- 
ployment and  disposition  of  the  said  children,  while  in  the 
s^id  house  of  refuge,  or  under  their  care,  not  contrary  to  law, 
as  they  may  deem  proper;  and  may  appoint  such  officers, 
agents  and  servants  as  they  may  deem  necessary  to  transact 


jk^.l 


JUVENILE  DELINQUENTS.  421 

the  business  of  the  said  corporation,  and  may  designate  their 

duties :  And  further,  That  the  said  managers  shall  make  an   Annual  report* 

•^  .  ^  ,  to  bemad*. 

annual  report  to  the  legislature,  and  to  the  corporation  of  the 
city  of  New- York,  of  the  number  of  children  received  by 
them  into  the  said  house  of  refuge ;  the  disposition  which 
shall  be  made  of  the  said  children,  by  instructing  or  employ- 
ing them  in  the  said  house  of  refuge,  or  by  binding  them  out 
as  apprentices  or  servants  ;  the  receipts  and  expenditures  of 
the  said  managers,  and  generally  all  such  facts  and  particulars 
as  may  tend  to  exhibit  the  effects,  whether  advantageous  or 
otherwise,  of  the  said  association. 

7.  §  7.  And  he  it  further  enacted,  That  this  act  shall  be,      PuWic  act , 
and  is  hereby  declared  a  public  act ;  and  that  the  same  shall 

be  construed  in  all  courts  and  places,  benignly  and  favorably, 
for  every  humane  and  laudable  purpose  therein  contained. 

8.  §  8.  And  he  it  further  enacted,  That  the  legislature  may  May  be  altered, 
at  any  time  hereafter,  alter,  modify,  or  repeal  this  act. 


^iV  ACT  to  amend  an  act,  entitled  **  An  act  to  incorporate  the 
Society  for  the  Reformation  of  Juvenile  Delinquents  in  the 
City  of  New-York,'^  passed  March  2dth,  1824,  and  for 
other  purposes. 

Passed  Janinry  23,  1825,  chap.  24,  p.  18. 

9.  §  1.  Be  it  enacted  by  the  People  of  the  State  of  New -York,  ^receWed"f?on?' 
represented  in  Senate  and  Assembly,  That  the  managers  of  thJetate""^^  "* 
the  society  mentioned  in  the  act  hereby  amended,  shall  re- 
ceive and  take  in  the  house  of  refuge  established  by  them  in 
the  city  of  New- York,  all  such  children  as  shall  be  convicted 
of  criminal  offences  in  any  city  or  county  of  this  state,  and 
as  may,  in  the  judgment  of  the  court  before  whom  any  such 
offender  shall  be  tried,  be  deemed  proper  objects ;  and  the 
powers  and  duties  of  the  said  managers  in  relation  to  the 
children  which  they  shall  receive  in  virtue  of  this  act,  shall  i 

be  the  same  in  all  things  as  are  prescribed  and  provided  by 
the  act,  entitled  "An  act  t?  incorporate  the  society  for  the 
reformation  of  juvenile  delinquents  in  the  city  of  New- York," 
passed  March  the  29th,  1824,  in  respect  to  children  which 
the  said  managers  have  received,  or  may  receive  in  virtue 
of  that  act. 


424  JUVENILE  DELINQUENTS. 


Health  commis- 
sioueri  to  ac- 
couuu 


1(X  §  2.  And  he  it  further  enacted,  That  the  commissioners 
mentioned  in  the  thirty-eighth  section  of  the  act,  entitled, 
"  An  act  to  provide  against  infectious  and  pestilential  dis- 
eases," passed  March  the  twenty-first,  eighteen  hundred  and 
twenty-three,  shall  account  annually  to  the  comptroller  of  the 
state,  for  all  monies  received  by  them  for  the  use  of  the  ma- 
rine hospital ;  and  if  the  same  shall,  in  any  one  year,  be  more 
than  sufficient  to  defray  the  expense  of  executing  the  trust 
committed  to  them,  exclusive  of  such  expenses  as  are  to  be 
borne  and  paid  as  part  of  the  contingent  charges  of  the  city 
1  of  New- York,  and  including  the  annual  compensations  grant- 

ed to  the  said  commissioners  by  the  said  act,  then  and  in  such 
case  the  said  health  commissioners  shall  pay  such  surplus 
over  to  the  treasurer  of  the  managers  of  the  society  for  the 
reformation  of  juvenile  delinquents  in  the  city  of  New-York, 
for  Ihe  use  of  the  said  society ;  and  the  said  commissioners 
shall  also  pay  to  the  said  treasurer,  for  the  use  of,  and  be  ex- 
pended by  the  said  society  in  the  erection  of  a  house  of 
refuge  for  female  juvenile  delinquents,  so  much  of  the  ba- 
lance or  surplus  now  in  their  hands,  or  which  may  be  invested 
pursuant  to  the  said  thirty-eighth  section,  as  the  person  ad- 
ministering the  government  of  tliis  state  may  not  deem  neces- 
sary to  be  retained  and  disposed  of  agreeably  to  the  said  thir- 
ty-eighth section,  to  meet  any  deficit  of  the  receipts  of  the  said 
commissioners  for  the  purposes  of  the  said  marine  hospital, 
or  for  the  building  of  such  other  stone  or  brick  hospitals  in 
the  place  of  the  present  wooden  ones,  as  the  person  admin- 
istering the  government  of  this  state  may  from  time  to  time 
think  necessary ;  and  that  the  said  thirty-eighth  section,  so 
far  as  the  same  is  inconsistent  with  the  provisions  of  this  act, 
and  no  further,  be,  and  the  same  is  hereby  repealed. 

Transportation  IL  §  3.  And  he  it  further  enacted,  That  the  sheriffs  of  the 
einquents.  gg^gj-j^j  couutics  of  this  statc,  shall  be  allowed  for  the  trans- 
portation of  any  juvenile  delinquents  according  to  the  provi- 
sions of  this  act,  the  same  compensation  as  is  now  given  by 
law  for  the  transportation  of  convicts  to  the  state  prisons,  to  be 
audited  and  paid  by  the  supervisors  of  the  respective  counties, 
as  part  of  the  contingent  expenses  of  the  said  counties :  Pro- 
vided, That  after  notice  shall  be  given  by  the  managers  oi 
the  said  society,  that  there  is  not  room  for  the  reception  of 
any  further  delinquents,  it  shall  not  be  lawful  to  transport 


JUVENILE  DELINQUENTS.  425 

any  other  delinquents,  until  notice  shall  be  given  that  they 
can  be  received. 

12.  §  4.  Ajid  be  it  further  enacted,  That  the  legislature  pf,fed"''  *""•' 
may,  at  any  time,  repeal,  amend,  or  modify  this  act. 


AN  ACT  to  create  a  Fund  in  aid  of  the  Society  for  the  Refor- 
mation of  Juvenile  Delinquents  in  the  City  of  New-York f 
and  for  other  purposes. 

Passed  April  29, 1829,  chap.  302,  p.  436. 

13.  §  1.  The  commissioners-  of  health,  mentioned  in  the  Appropriation  of 

^  ^  $6000  annually. 

eleventh  and  twelfth  sections  of  title  fourth  of  chapter  four-  ' 

teenth  of  the  First  Part  of  the  Revised  Statutes,  shall  pay- 
out of  the  monies  received  by  them  for  the  use  of  the  marine 
hospital,  eight  thousand  dollars  annually,  in  quarterly  pay- 
ments of  tv^o  thousand  dollars  each,  commencing  on  the  first 
day  of  May  next,  to  the  treasurer  of  the  society  for  the  re- 
formation of  juvenile  delinquents  in  the  city  of  New^-York, 
for  the  use  of  the  said  society;  which  sum  of  eight  thousand 
dollars  shall  be  part  of  the  surplus,  and  not  in  addition  thereto, 
dircctcd»to  be  paid  said  treasurer  by  the  above  mentioned 
eleventh  section;  and  the  said  commissioners  of  health  shall 
pay  over  annually  to  the  comptroller  of  the  state,  on  or  be- 
fore the  first  day  of  April,  the  balance  that  may  remain  of 
the  said  surplus  fund,  after  paying  the  eight  thousand  dollars 
as  aforesaid ;  and  the  balance  of  the  said  surplus  so  paid  to 
the  comptroller,  shall  be  invested  by  him  in  some  secure 
manner  at  interest,  and  the  said  fund  shall  be  kept  distinct 
and  separate,  and  shall  be  denominated  the  "Mariners  Fund." 

14.  §  2.  So  much  of  the  said  twelfth  section  of  title  fourth       Repeal, 
of  chapter  fourteenth  of  the  First  Part  of  the  Revised  Sta- 
tutes, as  applies  to  the  balance  of  hospital  monies  in  the  hands 

of  the  commissioners  of  health,  is  declared  to  apply  only  to 
such  balances  as  were  in  their  hands  at  the  time  said  chapter 
took  effect  as  a  law ;  and  any  part  of  said  section  inconsis- 
tent with  this  declared  construction,'*- is  hereby  repealed. 

15.  §  3.  Repealed. 

j4 


426  JUVENILE  DELINQUENTS. 

^''^uS.^&V.^^*  10.  §  4.  No  theatre  or  circus,  or  building  for  exhibiting 
theatrical  or  equestrian  performances  in  the  city  of  New- 
York,  shall  be  opened  for  such  exhibitions  after  the  first  day 
of  May  next,  unless  the  manager  or  proprietor  thereof  shall 
annually  obtain  from  the  mayor  of  the  said  city,  a  license 
therefor,  which  license  the  said  mayor  is  authorized  to  grant, 
to  continue  until  the  first  day  of  May  ensuing  the  grant 
thereof;  and  every  manager  or  proprietor  offending  in 
the  premises,  or  consenting  or  allowing  the  same  to  be 
done,  whether  there  be  one  or  more  managers  or  proprietors 
of  such  theatre  or  circus,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  subject  to  a  fine  of  one  hundred  dollars  for  each 
day  it  shall  be  so  opened,  or  imprisonment  not  exceeding 
three  months. 

Amount  to  be      17.  §  5.  Upou  m'antin":  every  license  authorized  by^he 

paid  for  the  same.  ..  ^.       °,  ^  /  ,,  .  ^  ,  *^ 

precedmg  section,  the  mayor  shall  receive  from  the  person 
to  whom  the  same  shall  be  granted,  the  sum  of  five  hundred 
dollars  for  each  theatre,  and  the  sum  of  two  hundred  and 
fifty  dollars  for  -each  circus ;  which  sums,  when  so  received, 
shall  be  paid  over  to  the  treasurer  of  the  society  for  the  re- 
formation of  juvenile  delinquents  in  the  city  of  New- York, 
for  the  use  of  said  city. 

Account  to  be       18.  §  G.  Tlic  said  commissioners  of  health  shall  render  to 

rendered.  •* 

the  comptroller  annually,  a  minute  and  detailed  account  of 
all  monies  denominated  "  hospital  monies,"  which  shall  be 
received  ;  and  also  of  all  such  monies  disbursed  by  them  or 
either  of  them,  for  the  marine  hospital ;  for  the  expenses 
of  their  trust,  so  far  as  the  same  are  payable  out  of  this  fund ; 
for  their  own  salaries,  and  the  commission  allowed  by  law 
to  the  health  commissioner  for  collection  ;  and  also  of  the 
surplus,  if  any,  of  such  monies  paid  over  to  the  treasurer  of 
the  society  for  the  reformation  of  juvenile  delinquents  in  the 
city  of  New- York. 

Allowance  for      19.  6  7.  The  Comptroller  is  hereby  authorized  to  allow  to 

collecting    hospi-     ,       ,        ,  ,  .      .  r         i  n         •  r       i  •      i 

taimonieg.  the  health  commissioner,  lor  the  collection  of  "  nospiial  mo- 
ney," from  coasting  vessels,  a  commission  at  his  discretion, 
of  not  less  than  two  and  a  half,  nor  exceeding  ten  per  cent. ; 
which  allowance  he  is  authorized  to  make,  as  well  upon  the 


JUNENILE  DELINQUENTS.  427 

collection  made  from  such  vessels  during  the  past  year,  as 
upon  those  hereafter  to  be  made. 


CHAP.  CLXXXVI. 

AN  ACT  to  amefid  ''An  act  to  create  a  Fund  in  aid  of  the 
Society  for  the  Reformation  of  Juvenile  Delinquents  in  the 
City  of  New-York,  and  for  other  'purposes,^''  passed  April 
29,  1829. 

Passed  April  21,  1831,  p.  234. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

20.  §  1.  There  shall  be  paid  annually  by  the  treasurer  of  ,^"X^' p^J^^^^J 
the  eity  of  New- York,  on  the  first  JMonday  of  July,  to  the  fy-Je'Laws  of 
treasurer  of  the  society  for  the  reformation  of  juvenile  de-  p^IVs*;}^*^"  ^'*' 
linquents,  in  the  city  of  New- York,  the  sum  of  four  thousand 

dollars,  for  the  use  of  said  society,  out  of  the  monies  appro- 
priated for  the  support  and  maintenance  of  the  poor  of  the 
said  city,  by  the  act,  entitled  "  An  act  to  amend  an  act,  en- 
titled *An  act  to  lay  a  duty  on  strong  liquors,  and  for  regu- 
lating inns  and  taverns,  so  far  as  relates  to  the  city  of  New- 
York,  and  for  other  purposes,'  "  passed  April  10th,  1824. 

21.  §  2.  The  third  section  of  the  act,  entitled  "An  act  to  Repealing ciame 
create  a  fund  in  the  aid  of  the  society  for  the  reformation  of 
juvenile  delinquents  in  the  city  of  New-York,  and  for  other 
purposes,"  passed  April  29,  1829,  and  which  directs  the  com- 
missioners for  collecting  the  duty  of  excise  in  the  city  of 

New- York,  to  demand  and  receive  one  dollar  and  fifty  cents 
in  addition  to  the  sum  then  required  by  law  for  a  license 
to  any  tavern-keeper,  grocer,  or.  keeper  of  an  ordinary  or 
victualling-house,  or  public  garden,  shall  be,  and  the  same  is 
hereby  repealed. 


\Forty-Eighth  Session.] 

CHAP.  CVII. 

AN  ACT  in  aid  of  the  Managers  of  the  Society  for  the  Re- 
formation of  Juvenile  Delinquents  In  the  City  nf  New-York. 

Passed  April  9,  1825. 

§  23.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  2000  dollars  pay 
represented  in  Senate  and  Assembly,  That  the  treasurer  shall,  *'''*'  annually. 


4^  LAMPS,    &C. PRESERVATION  OF. 

on  the  warrant  of  the  comptroller,  pay.  to  the  treasurer  of 
the  managers  of  the  society  for  the  reformation  of  juvenile 
delinquents  in  the  city  of  New- York,  out  of  any  money  in  the 
treasury  net  otherwise  appropriated,  the  sum  of  two  thou- 
sand dollars  annually,  for  the  term  of  five  years ;  that  the 
first  payment  of  two  thousand  dollars  shall  be  made  on  the 
first  day  of  May  next,  and  the  like  sum  on  every  first  day  of 
Mav  thereafter. 


LAMPS,  &c."Prescrvation  of.* 

Act  to  Reduce,  ^c.  1813,  Vol.  2,  p,  427. 

1.  Penalty  for  injuring  Lamps,  windows,  &r. 

2.  Rofiising  payment,  otlonder  to  be  committed  to  Bridewell. 

3.  Oirenders  whose  names  .ire  unknown  may  be  detained. 

4.  These  provisions  no  bar  to  suit  for  damages. 
Ci.  Who  to  be  doemid  {fuilty. 

G.  Informer  not  liable  for  penalty. 

Penalty  for  injur-  L  §  CCVI.  Aiid  1)6  it  further  encicted,  Tliixt  if  any  person 
d7wlr"knocirer">hall  wilfully  break,  take  down  or  carry  away,  any  glass 
***^"  lamp,  already  hung  or  fixed,  oi*  hereafter  to  be  hung  or  fixed, 

in  any  of  the  streets  of  the  city  of  New- York,  or  extinguish 
the  lights  therein,  or  be  aiding  or  abetting  in  the  same,  or 
shall  wilfully  break  or  deface  any  glass,  window  porch, 
knocker,  or  other  fixture  in  the  said  city,  and  shall  be  thereof 
convicted,  before  the  mayor,  recorder,  or  any  one  of  the  al-  • 
dermen  of  the  said  city,  or  before  either  of  the  special  jus- 
tices of  the  said  city,  either  by  the  confession  of  the  party, 
How  recover«d.  or  by  the  oath  of  one  or  more  credible  witness  or  witnesses, 
he  or  she  shall,  for  every  such  offence,  forfeit  a  sum  not  ex- 
ceeding twenty-five  dollars,  lawful  money  of  this  state,  to  be 

*  It  appears  our  predecessors  were  disturbed  by  the  evil  that  statute  in  the  text  was  intend- 
ed to  remedy. 

An  act  was  passed  25  November,  1751,  V.  S.  vol.  1,  p.  306,  entitled  an  act  to  prevent  the 
breaking,  or  otherwise  injuring  Glass  Lamps,  in  the  city  of  New-York.  The  preamble  to 
the  act  recites,  that  wljereas  sundry  of  the  inhabitants  of  the  city  of  New-York,  as  well  for 
the  prevention  of  the  evil  practices  usually  committed  in  the  night  time,  as  for  the  conve- 
nience of  persons  usi,ng  the  streets  about  their  lawful  business,  are  willing  at  their  own  ex- 
pense, to  hang  out  or  fix  up  in  the  night  time,  before  their  dwelling  hou.scs,  large  Glass 
Lamps,  to  illuminate  the  streets  of  the  said  city,  but  are  discouraged  therefrom,  for  fear 
that  such  lamps  may  be  broken,  taJ^en  down,  destroyed  or  carried  away,  or  the  lights 
therein  put  out.  The  act  imposes  a  penalty  of  twenty  pounds  upon  any  person  who  shall* 
break  or  take  down,  Sec.  Glass  Lamps  fi.xed  up  before  dwelling  houses,  <Scc  and  upon  fail- 
ure of  payment,  oftender  to  be  committed  to  liie  common  Jail  for  three  months ;  and  further 
imposes  a  penalty  of  fifty  pounds  upon  the  mayor  or  justices  refusing  to^  proceed  agreeably 
to  the  act.    This  act  was  continued  by  an  act  passed  May  1, 1T54,  V.  Sf  vol.  1,  p.  339. 


LAMPS,    &C. PRESERVATION  OF.  420 

recovered  with  costs,  and  levied  by  distress  and  sale  of  goods 
and  chatties  of  every  such  offender,  by  w^arrant  under  his 
hand  and  seal  of  such  mayor,  recorder  and  alderman  or  jus- 
tice before  whom  such  offender  shall  be  convicted  ;  one  moi- 
ety of  which  forfeiture,  when  recovered,  to  be  paid  to  the 
treasurer  or  the  chamberlain  of  the  said  city,  for  the  time 
being,  to  be  applied  for  the  purpose  of  providing  new  lamps 
in  the  room  of  such  as  shall  be  so  taken  out  or  carried  away, 
and  for  repairing  such  of  them  as  shall  be  broken  or  injured 
as  aforesaid,  and  for  the  support  and  maintenance  of  the  poor 
of  the  said  city  ;  and  the  other  moiety  of  such  forfeiture  to 
be  paid  to  the  person  or  persons  who  shah  prosecute  for  the 
same  to  effect. 

2.  §  CCVII.  And  he  it  further  enacted,  That  upon  refusal  of  on  rrfusai  of 
payment  of  such  respective  forfeiture  or  forfeitures,  and  w^ant  er  to  be  commit- 
oi  sumcient  distress  wiiereon  the  same  can  be  levied,  it  shall 

and  may  be  lawful  for  such  mayor,  recorder,  aldermen,  or 
either  of  the  special  justices  of' the  said  city,  before  whom 
such  conviction  or  convictions  shall  take  place,  by  warrant 
under  his  hand  and  seal,  to  commit  every  such  oflfender  to 
the  bridewell  of  the  said  city,  there  to  remain  without  bail  or 
mainprizc  for  the  space  of  two  months,  or  until  such  forfeiture 
and  costs  are  paid  ;  and  if  any  such  offence  shall  be  commit-  Master  liawe  for 
ted  by  any  apprentice,  servant  or  slave,  such  forfeiture  shall  ^"^*"'^- 
be  paid  by  his  or  her  master,  aiistress  or  owner,  or  in  default 
thereof,  such  apprentice,  servant  or  slave,  shall  be  com- 
mitted to  such  bridewell  in  manner  aforesaid. 

3.  §  CCVIII.  And  he  Ufuj'therenacted,That  it  shall  and  may  onvmiors  whose 
be  lawful  to  and  for  any  sheriff^  deputy  sheriff^  constable^  known/may"be 
marshal,  or  watchman  of  the  said  city,  who  diall  see  any  dfi^ovefy  "o"f '' 
person  commit  any  mischief^  or  trespasses  aforesaid  in  the  S- oftVnc*e  "'"^ 
said  city,  if  such  person  or  persons  shall  be  unknown  to  such 

sheriff*,  deputy- she  riff',  constable,  marshal  or  watchman,  to  . 
seize,  secure  and  detain  such  offender  so  unknown  to  him  as 
aforesaid,  until  he  can  discover  the  name  of  such  offender,  or 
until  the  next  morning  (if  the  offence  shall  be  committed  in 
the  night  time  and  the  offender  shall  refuse  to  discover  his  or 
her  name)  when  such  offender  shall  be  brought  before  the 
mayor,  recorder,  or  one  of  the  aldermen  of  the  said  city,  or 
either  of  the  special  justices  of  the  said  city,  who,  on  ronvlc- 


490  LAMPS,    &C. PRESERVATION  OF. 

tion  of  such  offender,  shall  proceed  as^ainst  him  or  her  in  the 

SherifT,  etc.  to  i  •     i     /^  t  i         j      ,  ^       7         t 

give  informauon  manner  herem  before  directedv;  And  further,  In  case  any  per- 

of  offences.  ,      „  .  .   ,  r     ^  rr-    -  r  •  1   • 

son  shall  commit  any  or  either  of  the  oiiences  atoresaid  in 
presence  of  such  sheriff,  deputy-sheriff,  marshal  or  watch- 
man, then  every  such  sheriff,  deputy-sheriff,  constable,  mar- 
shal or  watchman,  shall  forthwith  give  information  thereof  to 
such  mayor,  recorder,  aldermen  or  either  of  the  special  jus- 
tices of  the  said  city,  in  order  that  such  offender  may  be 
convicted  thereof  and  punished  in  manner  and  form  as  by 
this  act  is  directed. 

These  provisions  4.  §  CCIX.  And  bc  it  further  enacted,  That  this  act  or  any 
damages. ^"^  ^'  thing  herein  contained  shall  not  bar  or  preclude  any  person 
or  persons  from  recovering  his,  her  or  their  damages  against 
any  other  person  or  persons  who  shall  be  guilty  of  any  of  the 
mischiefs  or  trespasses  aforesaid,  but  that  the  same  may  be 
recovered  in  the  same  manner  as  if  this  act  had  never  been 
passed. 

Who  to  be  deem-  6.  §  CCX.  And  be  it  farther  enacted,  That  every  person 
who  shall  and  may  be  present  when  any  of  the  mischiefs  or 
trespasses  in  this  act  mentioned  shall  be  committed,  shall  be 
deemed  to  be  guilty  thereof,  and  be  subject  to  the  penalties 
inflicted  by  this  act,  although  he  or  she  shall  not  be  aiding, 
abetting  or  assisting  therein,  unless  such  person  shall  give 
evidence  whereby  to  convict  the  person  or  persons  really 
guilty  thereof,  or  unless  he  or  she  shall  declare  upon  oath  that 
he  or  she  came  there  accidentally,  and  that  he  or  she  ,doth 
not  know  who  the  offender  or  offenders  is  or  are.  And  for  the 
more  easy  discovery  and  detection  of  such  offenders. 

Informer  not  11-  ^'  ^  CCXI.  Bc  it  farther  enacted,  That  if  two  or  more  per- 
Kbie  to  for  penal-  gQj^g  ^\^qI\  havc  bceu  jointly  concerned  in  committing  any  of 
the  offences  aforesaid,  and  one  or  more  of  them  (not  being 
before  informed  against)  shall  within  the  space  of  one  month 
after  the  offence  committed,  inform  against  any  or  all  the 
other  or  others  concerned  in  the  same  offence,  so  as  to  con-  • 
vict  him,  her  or  them,  the  person  so  informing  shall  not  bc 
liable  to  the  payment  of  the  forfeiture  herein  before  men- 
tioned, but  shall,  notwithstanding  his  or  tier  offence,  be  enti- 
tled to  the  reward  hereinbefore  allowed  to  informers,  any 
thing  herein  contained  to  the  contrary  thereof  in  any  wise 
notwithstanding. 


LAND IN  THE  CITY  OF  NEW- YORK,  JURISDICTION  OF.  431 


Revised  Statutes,  Vol.  I, p.  C8. 
LAND, 

IN  THE  CITY  OF  NEW-YORK.  JURISDICTION  OF. 

1.  In  the  city  of  New- York. 
52.  In  the  VVallabout  Bay. 

1.  §  7.  The  United  States  have  also  jurisdiction  over  two  in  the  cUyofN. 
tracts  of  land  and  water  in  the  city  of  New- York,  the  use  of 
and  jurisdiction  over  the  same,  having  been  ceded  to  them 
for  the  safety  and  defence  of  the  city  of  New- York,  by  cer- 
tain commissioners  acting  in  behalf  of  this  state,  pursuant  to 
an  act  entitled  "  An  act  to  cede  the  jurisdiction  of  certain 
lands  in  this  state  to  the  United  States,"  passed  March  20th, 

1807,  and  an  act,  supplementaiy  thereto,  passed  March  18th, 

1808.  One  of  the  said  tracts  is  described  in  the  deed  of 
cession,  executed  by  the  commissioners,  and  bearing  date 
the  sixth  day  of  May,  one  thousand  eight  hundred  and  eight, 
as  follows  :  "  Beginning  in  the  Hudson  river  at  a  point  in  the 
continuation  of  the  south  line  of  Hubert-street,  bearing  north 
seventy-nine  degrees  and  thirty  minutes  west,  from  the  south- 
easterly corner  of  Hubert  and  West-streets,  distant  two 
Hundred  feet  westerly  from  the  permanent  line  of  West- 
street,  which  said  permanent  line  bears  south  ten  degrees 
and  fifteen  minutes  west,  from  the  southwesterly  corner  of 
the  state  prison  wall;  thence  north  ten  degrees  and  fifteen 
minutes  east,  parallel  to  the  said  permanent  line,  three  hun- 
dred and  five  feet,  to  a  point  in  the. continuation  of  the  north 
line  of  Laiglit-street ;  thence  north  seventy-nine  degrees  and 
thirty  minutes  west,  three  hundred  feet  into  the  Hudson 
river ;  thence  south  ten  degrees  and  fifteen  minutes  west, 
three  hundred  and  five  feet  to  a  point  in  the  continuation  of 
the  south  line  of  Hubert-street  aforesaid ;  thence  south  se- 
venty-nine degrees  and  thirty  minutes  east,  three  hundred 

Veet  to  the  place  of  beginning."  •  The-  other  of  the  said  tracts 
is  described  in  said  deed  as*  follows :  "  Beginning  at  a  point 
in  the  line  of  the  present  battery,  six  feet  southerly  of  the 
most  southern  external  angle  formed  by  the  main  battery, 
and  the  present  bastion,  which  said  point  is  four  hundred  and 
ninety- seven  feet  eleven  inches  on  a  course  south  thirty-six 
degrees  and  twenty  minutes  west,  from  the  southeasterly 


43S  LAND IN  THE  CITY  OF  NEW- YORK,  JURISDICTION  OF. 

corner  of  the  brick  house  situate  at  the  corner  of  Marketfield- 
street  and  Broadway,  now  or  lately  belonging  to  Robert' 
Kennedy,  and  is  also  on  a  course  south  eighty-nine  degrees 
and  ten  minutes  west,  two  hundred  and  sixty-four  feet  one 
inch  from  the  northwesterly  corner  of  Bridge  and  State- 
streets  ;  thence  north  sixteen  degrees  and  ten  minutes  w^est, 
three  hundred  and  ten  feet ;  thence  south  sixty-four  degrees 
west,  five  hundred  feet ;  thence  south  twenty-six  degrees  east, 
three  hundred  feet ;  thence  north  sixty-four  degrees  east,  four 
hundred  and  twenty-five  feet  to  the  place  of  beginning : 
all  of  which  courses  are  to  be  run  as  the  magnetic  needle 
now  points."  The  United  States' are  to  retain  such  use  and 
jurisdiction  so  long  as  the  two  tracts  above  described  shall 
be  respectively  used  and  applied  to  the  defence  and  safety  of 
the  city  port  of  New- York,  and  no  longer.  The  jurisdiction 
so  ceded  does  not  prevent  the  execution  on  either  of  those 
tracts,  of  any  process,  civil  or  criminal,  under  the  authority 
of  this  state;  nor  the  operation  wdthin  the  same  of  the  laws 
of  this  state,  or  the  ordinances  of  the  common  council  of  the 
city,  of  New- York,  passed  before  the  date  of  said  deed,  for 
the  general  regulation  of  the  civil  police  of  the  said  city,  and 
not  incompatible  with  the  purposes  for  which  such  cession 
was  made.  (13) 

intheWaiiabout  2.  §  8.  The  United  States  have  also  jurisdiction  over  a 
tract  of  land  covered  with  the  waters  of  the  East  River  at 
the  Walabout  bay,  and  adjoining  the  navy  yard  of  the  Unit- 
ed States,  the  use  of  and  jurisdiction  over  the  same,  hav- 
ing been  granted  to  them,  for  the  defence  and  safety  of  the 
city  of  New- York,  by  the  commissioners,  and  pursuant  to 
the  acts  before  mentioned.  The  said  tract  is  described  in 
the  deed  of  cession,  executed  by  the  commissioners,  and 
bearing  date  the  third  day  of  April,  one  thousand  eight  hun- 
dred and  ten,  as  follows  :  "  Beginning  at  the  southerly  end  of 
the  dam  of  the  pond  at  the  navy  yard,  at  a  point  designated 
on  the  map  or  chart  comprising  a  delineation  of  the  said  par- 
cel of  land  hereunto  annexed,'  by  the  letter  A,  from  which 
point  the  easterly  corner  of  the  commander's  house  at  the 
navy  yard  bears  north  twenty-nine  degrees  ^nd  forty-five 
minutes  west,  the  steeple  of  the  Reformed  Dutch  Church.at 
Brooklyn  bears  south  sixty-two  degrees  west,  and  the  south 

13'  D':!'D(I  of  cession  in  secretary's  office 


LAND IN  NEW- YORK,  JURISDICTION  Ot.  433 

corner  of  the  dwelling-house  of  Jeremiah  Johnson  bears  north 
eighty  degrees  and  twenty-five  minutes  east,  and  running 
from  the  sai4  point  designated  as  aforesaid  by  the  letter  A, 
north  fifty-two  degrees  and  thirty  minutes   east,  two  thou- 
sand two  hundred  and  ninety  feet  to  a  point  from  which  the 
north  corner  of  the  dwelhng-house  of  the  said  Jeremiah  John- 
son bears  south  seventy  degrees  thirty  minutes  east,  design- 
ated by  the  letter  B,  in  the  said  map  or  chart,  and  running 
from  the  said  last  mentioned  point  north  seven  degrees  east, 
one  thousand  five  hundred  and  eighty  feet,  to  a  point  from 
which  the  southwest  corner  of  Thompson's  house  on   the 
Long  Island  shore  bears  north  seveqty-six  degrees  and  forty- 
five  minutes  east,  the  steeple  of  the  Reformed  Dutch  Church 
in  Brooklyn  bears  south  forty-eight  degrees  and  twenty-five 
minutes  west,  and  the  steeple  of  St.  Paul's  Church  in  the  city 
of  New- York  bears  north  seventy-nine  degrees  west,  and 
designated  in  the  said  map  or  chart  by  the  letter  C ;  and 
running  from  the  said  last  mentioned  point  south  seventy  de- 
grees west,  two  thousand  four  hundred  and  eighty  feet  to 
the  north  corner  of  the  navy  yard,  designated  in  the  said  map 
or  chart  by  the  letter  D ;  and  thence  southerly  along  the 
navy  yard  to  the  place  of  beginning,  all  which  courses  and 
bearings   are  taken   as  the   magnetic  needle   now  points.'* 
The  United  States  are  to  retain  such  use  and  jurisdiction  so 
long  as  said  tract  shall  be  used  and  applied  to  the  defence 
and  safety  of  the  city  and  port  of  New^-York,  and  no  longer. 
The  free  and  common  use  of  the  waters  not  appropriated  by 
the  United  States  for  wharves  or  fortifications  to  the  east- 
ward of  the  navy  yard  of  the  United  States,  and  the  west- 
ward of  the  east  boundary  line  of  the  land  above  described, 
is  reserved  to  the  people  of  this  state.     The  jurisdiction  so 
ceded  does  not  prevent  the  execution  on  the  said  tract  of  any 
process,  civil  or  criminal,  under  the  authority  of  this  state  ; 
nor  the  operation  within  the  same,  of  the  laws  of  this  state, 
or  the  ordinances  of  the  common  council  of  the  city  of  New- 
York  passed  before  the  date  of  said  deed,  for  the  general  re- 
gulation of  the  civil  police    of  the   said  city,   and  not  in- 
compatible with  the  purposes  for  which  such  session  was 
made. (14) 

:14)  Deed  of  Cession  in  Sccictaiy's  Office 

55 


434  LANDS — unclaimeij. 

V 

[Forty-Second  Session. — Vol  5,  a.  p.  75.] 
liANDS— Unclaimed. 

1.  Corporation  empowered  to  take  possession  of  land  sold  for  taxes. 

2.  To  pay  over  to  the  owner  the  proceeds,  deducting  for  taxes  and  improvements- 

CHAP.  LXIX. 

AN  ACT  authorizing  the  Maijor,  Aldermen  and  Cojnmonalii/ 
of  the  City  of  New-York^  to  take  possession  of  certain  un- 
claimed Lands, 

Passed  March  26,  1819. 

1.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  it  shall  be  lawful 
for  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  and  they  are  hereby  authorized  and  empowered  to 
take  peaceable  possession  of,  or  sue  for  and  recover,  and  to 
hold,  occupy  and  enjoy,  all  lots  or  pieces  or  parcels  of  land, 
situate,  lying  and  being  in  the  said  city,  which  have  or  w^hich 
may  be  sold  for  a  term  of  time  for  the  payment  of  any  taxes 
or  assessments  in  the  said  city,  after  the  expiration  of  the 
term  for  w^hich  the  same  may  have  been  or  shall  be  so  sold : 
Provided  the  rightful  owner  of  the  same  shall  not  then  claim 
possession  of  the  same,  and  to  havfe,  hold  and  occupy  the 
same  until  the  rightful  owner  shall  claim  possession  of  the 
same,  and  shall  pay  all  sums  which  may  be  due  thereon  for 
taxes,  assessments,  and  also  the  value  of  the  improvements 
which  may  be  made,  or  erected  upon  the  same  by  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New-York,  over 
and  above  all  the  rents,  issues  and  profits  which  may  be  re- 
ceived by  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York  for  or  on  account  of  the  rents,  issues  and  profits 
of  any  such  premises  :  Provided  always,  That  the  said  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York",  shall 
not  be  entitled  to  demand  any  sum  of  money  for  such  im- 
/  provements,  unless  they  shall  have  caused  to  be  published, 

in  at  least  two  of  the  public  newspapers  printed  in  the  said 
city,  for  at  least  three  months  previous  to  the  making  of  such 
improvements,  a  notification  to  the  owners  of  the  said  lots, 
to  appear  and  take  possession  of  their  said  premises :  And 
further.  That  in  no  case  shall  the  owners  of  the  said  premi- 


LANDS UNDER  WATER.  435 

ses  be  compelled  to  pay  for  any  such  improvements  a  sum 
exceeding  two-thirds  of  the  value  of  their  said  lo-ts  of  land : 
And  provided  also,  That  nothing  herein  contained  shall  inter- 
fere with  or  repeal  the  provisions  of  an  act  entitled,  "  an  act 
authorizing  the  mayor,  aldermen,  and  commonalty  of  the 
city  of  New- York  to  close  streets  and  roads,"  passed  April 
20th,  1818. 

2.  §  II.  And  he  it  further  enacted,  That  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New- York,  shall  account 
for  and  pay  over  to  the  rightful  owner  of  any  such  lots  of 
land,  all  the  rents,  issues  and  profits  which  they  may  receive 
on  account  of  such  premises  over  and  above  the  amount  of 
all  taxes  and  assessments  due  for  or  on  account  of  the  said 
premises,  and  over  and  above  the  value  of  all  such  improve- 
ments thereon  as  shall  be  made  after  the  notification  men- 
tioned in  the  first  section  of  this  act,  and  as  shall  not  exceed 
two-thirds  of  the  value  of  said  lots  of  land. 


LAIRDS— Under  Water. 

!.  Letters  patent  to  be  issued  to  the  corporation  for  landa  under  water,  proprietors  of  ad- 
jacent lands  to  have  presumptive  right. 
2,  Tompkins  declared  the  exterior  street  on  the  East  River. 

CHAP.  LVIII. 
AN  ACT  relative  to  Improvements  in  the  City  of  New-York. 

Passed  February  25, 1826.  p.  43. 

1.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-YorL  commissioner*- 

^    J         a  1    A  ,  T        r^.  '   of  the  land-office 

represented  in  Senate  and  Assembly,  That  it  shall  and  may  be  »« 's^ue  letters 

I        ^  I     „        ,  .      .  "^  -^  patent  to  the  may- 

lawtul,  tor  the  commissioners  of  the  land-office,  and  thev  are  «''*^«^-  ofii.Y. 

,  ,        J .  .  •'for  lands  under 

hereby  directed  to  issue  letters  patent,  ff ranting  to  the  mayor,  '^^  ^^^er,  con^ 

,,  jT'oo  J       y  tieuous  to  lands. 

aldermen  and  commonalty  of  the  city  of  New- York,  and  their  ©f  corporation, 
successors  forever,  all  the  right  and  title  of  the  people  of  this 
state,  to  the  lands  covered  with  water  along  the  easterly 
shore  of  the  North  or  Hudson's  river,  contiguous  to  and  ad- 
joining the  lands  of  the  said  mayor,  aldermen  and  common- 
alty, within  the  said  city  of  New- York,  at  and  from  low  wa- 
ter mark,  and  running  four  hundred  feet  into  the  said  river,, 
from  a  point  on  the  easterly  shore  of  said  river,  four  miles 


436  LANDS UNDER  WATER. 

north  from  Bestavers  Killitje,  and  extending  therefrom  north 
along  the  easterly  shore  of  said  river  to  Spytden  Duyvel 
creek,  otherwise  called  Kingsbridge  creek  or  Harlem  river ; 
and  also  all  the  land  covered  with  water  along  the  westerly 
shore  of  the  East  river  or  Sound,  contiguous  to  and  adjoin- 
ing the  lands  of  the  said  mayor,  aldermen  and  commonalty, 
at  and  from  low  water  mark,  and  extending  four  hundred 
feet  into  the  said  river  or  sound,  from  a  point  on  the  westerly 
shore  of  said  river  or  sound,  two  miles  north  from  Corlaer's 
Hook,  and  extending  therefrom  north  along  the  westerly 
shore  of  the  said  East  river  or  sound,  to  Spytden  Duyvel 
Proprietors  of  crcok.  Otherwise  called  Harlsem  river :  Provided  always, 
haVprc-emptive  That  the  proprietor  or  proprietors  of  the  lands  adjacent,  shall 
have  the  pre-emptive  right  in  all  grants  made  by  the  corpo- 
»  ration  of  the  said  city,  of  any  lands  under  water  granted  to 

the  said  corporation  by  this  act. 

§  II.  Repealed. 


rior  street  along 
Abe  Eaat  JUiTer. 


[Forty 'Ninth  Session.— Vol.  7,  k  155.] 

CHAP.  CLXVI. 

AN  ACT  to  amend  an  act  entitled,  "  an  act  relative  to  Im- 
provements in  the  City  of  New-York. 

Passed  April  !3,  182<>. 

rcriMMkem  cite-  2.  6  I,  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  Tompkins-street, 
along  the  East  river,  as  laid  out  and  approved  by  the  mayor, 
aldermen,  and  commonalty  of  the  city  of  New- York,  shall 
be  the  permanent  exterior  street  on  the  East  river,  between 
Rivington-street  and  Tw^enty-third-street,  and  East-street 
on  the  said  river,  between  Grand-street  and  Rivington-street, 
-as  laid  out  and  approved  as  aforesaid,  shall  be  the  permanent 
•■exterior  street,  as  so  laid  out  and  approved ;  and  that  all 
•grants  made  or  to  be  made  by  the  said  mayor,  aldermen  and 
commonalty  shall  be  construed  as  rightfully  made  to  extend 
thereto ;  a^  that  all  the  provisions  of  the  act  entitled  "  An 
act  to  reduce  several  laws  relating  particularly  to  the  city 
of  New-York,  into  one  act,"  passed  April  9,  1813,  and  the 
several  acts  amendatory  thereof,  and  in  addition  thereto,  shall 
be  constiiucd  to  apply  .to  said  Tompkijis-street  and  East- 
street. 


LANDS  UNDER  WATER— grants  of.  437 

3.  §  11.  And  be  it  further  enacted,  That  the  second  section 
of  the  act  of  the  twenty-fifth  February,  one  thousand  eight 
hundred  and  twenty-six,  hereby  amended,  be,  and  the  same 
is  hereby  repealed. 


Remsed  Statutes,   Vol.  l,p.  208. 
LAXDS  UiVDER  WATER — Grants  of. 

SccT.  G7.  When  and  to  whom  commissioners  may  grant  lands  under  water: 

G8  &L.  69.  The  power  given  in  preceding  section  to  extend  to  certain  waters. 
70  &  71.  Applicants  to  give  notit;e,  and  how. 

ARTICLE  FOURTH. 

OF  GRANTS  OP  LAND  UNDER  WATER. 

§67.  The  commissioners  of  the  land-office  shall  have  when  and  to 
power  to  grant  so  much  of  the  lands  under  the  waters  of 
navigable  rivers  or  lakes,  as  they  shall  deem  necessary,  to 
promote  the  commerce  of  this  state ;  but  no  such  grant  shall 
be  made  to  any  person,  other  than  the  proprietor  of  the  ad- 
jacent lands,  and  every  such  grant  that  shall  be  made  to  any 
other  person,  shall  be  void.  (67) 

§  68.  The  power  hereby  vested  in  the  said  commissioners,  certain  waten. 
shall  extend  to  lands  under  the  water  of  Hudson's  river,  ad- 
jacent to  the  state  of  New- Jersey ;  and  also  to  lands  under 
the  waters  adjacent  to  and  surrounding  Great  Barn  Island, 
in  the  city  and  county  of  New- York  ;  and  to  the  land  be- 
tween high  and  low  water  mark  on  said  island;  but  no  grant 
shall  be  so  made,  as  to  interfere  with  the  rights  of  the  corpo- 
ration of  the  city  of  New-York,  or  to  affect  the  navigation 
of  the  waters  surrounding  the  said  island.  (67) 

§  69.  The  powers  of  the  commissioners  shall  also  extend  ib. 
to  the  lands  under  water,  adjacent  to  and  surrounding  Sta- 
ten-Island  ;  but  no  such  grant  shall  be  so  made  as  to  interfere 
with  any  rights  of  the  corporation  of  the  city  of  New- York, 
or  to  extend  more  than  five  hundred  feet  into  the  water, 
from  low  water  mark.  (67). 

(67)  1  R.  L.  293,  ^4;  Laws  of  1815,  p.  201,  $  1,  - ^^ 


438  LEASES— LOAN  OFFICERS,  &c. 

fanlf^*"^^^^"'  5'^^*  Every  applicant  for  a  grant  of  land  underwater, 
shall,  previous  to  his  applicatioh,  give  notice  thereof,  by  ad- 
vertisement, to  be  published  for  six  v^eeks  successively,  in  a 
new^spaper  printed  in  the  county  in  w^hich  the  land  so  intend- 
ed to  be  applied  for,  shall  be  situated ;  and  shall  cause  a  copy 
of  such  advertisement  to  be  put  upon  the  door  of  the  court- 
house of  such  county,  and  if  there  be  no  court-house  in 
the  county,  then  at  such  place  as  the  commissioners  shall 
direct.  (67) 

lb.  §  7L  If  there  be  no  newspaper  published  in  the  county 

where  such  land  shall  lie,  the  advertisement  shall  be  publish- 
ed in  the  newspaper  that  shall  be  printed  nearest  to  such 
land. 


Remsed  Statutes,  Vol.  I,  p,  744. 
LEASES — in  New- York. 

1.  Duration  of  certain  agreements  for  land  in  New  York. 

Duration  of  cer-  L  §  I.  Agreements  for  the  occupation  of  lands  or  tene- 
iS 'S?w-Y™rk"^'  ments,  in  the  city  of  New- York,  which  shall  not  particularly 
specify  the  duration  of  such  occupation,  shall  be  deemed 
valid  until  the  first  day  of  May  next  after  the  possession 
under  such  agreement  shall  commence,  and  the  rent  under 
such  agreement  shall  be  payable  at  the  usual  quarter  days 
for  the  payment  of  rent  in  the  said  city,  unless  otherwise 
expressed  in  the  agreement.  (28) 


Loan  Officers  and  Commissioners  of  Loans. 

1.  Mayor,  aldermen  and  commonalty  authorized  to  appoint  loan  officers. 

2.  Mortgagees  may  be  assigned. 

3.  Officers  to  account. 

Passed  March  14,  1792,  K.  &R.  Vol.  2,  p.  400. 

Powcrsof  mayor,      1.  §  38.  And  be  it  further  enacted  by  the  authority  afore- 

New-York.   '     Said,  That  all  the  power  and  authority  by  this  act  given  to, 

and  duties  required  to  be  done  by  the  judges  and  supervisors 

of  the  several  other  counties  of  this  state,  shall  be  vested  in 

(67)  1  R.  L.  293,  ^  4 ;  Lawa  of  1815,  p.  201,  %  1.  (28)  Laws  of  1820,  p.  178.  T 


LOAN  OFFICERS.  439 

and  exercised  by  the  mayor,  aldermen  and  commonalty  of 
the  city  of  New-York,  in  common  council  convened,  so  far 
as  the  matters  and  things  in  this  act  contained,  relate  to  the 
county  of  New-York.  And  the  mayor,  recorder,  aldermen 
and  assistants,  for  the  time  being,  of  the  city  of  New- York, 
shall  be  subject  to  the  like  penalties  and  forfeitures,  as  the 
said  judges  and  supervisors  are  subject  to  for  any  default 
or  neglect. 


CHAP.  XII. 

AN  ACT  respecting  the  Loan  Officers  of  the  City  and  County 
of  New-York 

Passed  January  30,  1832.  p.  13. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

2.  §  I.  It  shall  be  lawful  for  the  loan  officers  of  the  city  Kl?g,^'d  "''^ 
and  county  of  New-York  to  assign  and  set  over  to  any  per- 
son or  corporate  body,  their  heirs  and  assigns,  on  their  pay- 
ing the  principal  and  interest  due  thereon,  all  mortgages  on 
lands,  which  may  have  been  mortgaged  to  said  loan  officers 
and  their  predecessors  in  office,  which  have  not  been  cancelled 
and  paid;  and  thereupon,  the  assignees  of  such  mortgages, 
their  heirs  and  assigns,  shall  be  possessed  of  all  the  right, 
title   and  interest  which  the  people  of  the  state  of  New- 
York,  and  the  said  loan  officers  have  in  and  to  the  same, 
and  shall  be  entitled  to  take  all  lawful  means  in  their  own 
name  for  the  collecting  of  the  money  due,  or  to  become  due 
thereon,  which  the  said  people  and  the  said  loan  officers 
now  have,  or  may  have,  for  the  collection  of  the  same  :  but 
the  people  of  this  state  are  in  no  event  to  be  made  liable  by 
such  assignment  for  the  repayment  of  the  principal  and  in- 
terest, or  any  part  thereof,  in  case  the  same  shall  not  be  re- 
covered of  the  mortgagor  or  mortgagors,  their  heirs   or 
assigns,  or  from  the  sale  of  the  premises  thus  mortgaged. 

3.  §  II.  It  shall  be  the  duty  of  said  loan  officers  to  account     officers  to  ac- 
with  the  comptroller  of  this  state  for  their  doings  in  the  pre- 
mises, and  to  pay  to  the  treasurer  of  the  state  the  moneys  so 
received  on  transfer  on  the  said  mortgages. 


440 


LOTTERIES. 


Revised  Statutes,   Vol  1,  p.  668. 


LOTTERIES. 


LicenBes,  by 
whom  to  ba 
granted. 


40.  Licenses,  by'whora  to  be  granted. 

41.  Contents  of,  and  to  be  recorded. 

42.  Licenses  to  certain  persons  without  bond. 

43.  Certain  sums  to  be  paid  by  other  vendors. 

44.  And  to  execute  bonds,  their  penalty  and  conditiorr. 

45.  When  to  be  filed,  and  for  license. 

46.  How  prosecuted. 

47.  Monies  received  ;  licenses,  how  applied. 
49.  When  vendors  to  forfeit  licenses. 

30.  Certain  persons  authorized  to  divide  lottery  tickets. 

51.  Penalty  for  selling,  &c.  any  shares  other  than  those  allowed  by  last  eectioir. 

52.  Certain  evidence  not  necessary  in  prosecutions  under  this  article. 

§  40.  Licenses  may  be  granted  to  any  person  applying  for 
the  same  to  carry  on  the  business  of  vending  lottery  tickets, 
for  the  term  of  one  year  from  the  date  thereof,  in  the  cities  of 
New- York,  Albany,  Hudson,  Troy,  and  Schenectady,  by  the 
mayors  of  tRe  said  cities  respectively,  and  in  the  several 
counties  in  this  state,  except  the  city  and  county  of  New- 
York,  by  the  judges  of  the  county  courts  thereof  respec- 
tively, or  the  majority  of  them;  but  no  licenses  shall  be 
granted  for  the  cities  of  Albany,  Hudson,  Troy,  and  Sche- 
nectady, by  any  other  persons  than  the  mayors  of  the  said 
cities  respectively. 


Licenses  to  tw 


recorded ; 


contents ; 


effect. 


§  41.  The  said  licenses  shall  be  entered  of  record  by  the 
clerks  of  the  counties  wherein  the  same  are  granted ;  and 
such  record,  or  a  transcript  thereof,  duly  certified  by  the 
clerk  of  the  county,  under  his  official  seal,  shall  be  evidence 
in  all  courts  and  places  whatsoever.  Such  licenses  shall 
specify  the  house,  store  or  office  where  the  business  of  vend- 
ing tickets  shall  be  carried  on,  and  shall  not  authorize  the 
selling,  bartering,  or  furnishing  of  any  tickets  of  any  lottery 
in  any  other  place  than  that  so  designated,  except  some  other 
place  shall  be  substituted  by  the  officers  having  authority  to- 
grant  such  license. 


ngcstocer-        ^  ^^'  ^  hcensc  shall  be  granted  by  the  said  mayors  and 
tainpersj>i«with-  judgcs  rcspcctively,  whenever  applied  for,  to  the  managers 
or  persons  who  have  purchased  the  lotteries  heretofore  au- 
thorized by  this  state,  and  to  the  duly  authorized  agent  or 


# 


LOTTERIES.  ^^1 

agents  of  the  institutions  or  corporations  fot  who&e  benefit 
the  said  lotteries  were  granted,  who  shall  be  appointed  suoh 
agent  for  the  purpose  of  managing  any  such  lottery,  and  also 
to  any  persons  who  shall  be  employed  by  the  said  managers 
or  purchasers  aforesaid,  or  by  the  agents  aforesaid,  to  vend 
tickets  for  them  and  in  their  behalf,  upon  such  persons  pro- 
ducing and  filing  with  the  said  mayors  of  cities  respectively, 
or  with  the  clerk  of  the  county  in  which  application  shall  be 
made,  a  certificate  subscribed  by  the  said  managers  or  pur- 
chasers, or  by  the  agents  so  appointed,  specifying  that  such 
applicant  has  been  employed  by  them  to  vend  tickets  in  their 
behalf. 

§  43.  Before  the  granting  of  such  license  to  any  other  ^,^ertMn^«aim.  ^ 
person  than  the  said  managers,  purchasers,  agents  or  per-  w  vender, 
sons  employed  by  them,  it  shall  be  the  duty  of  the  person  de- 
siring a  license  to  vend  such  tickets  in  the  city  of  New- 
York,  to  pay  to  the  mayor  of  that  city  the  sum  of  two  hun- 
dred and  fifty  dollars  ;  and  for  a  license  to  vend  such  tickets 
in  tha  city  of  Albany,  to  pay  to  the  mayor  of  that  city  the 
sum  of  one  hundred  and  twenty-five  dollars  ;  and  for  a  li- 
cense to  vend  such  tickets  in  the  city  of  Hudson,  to  pay  to 
the  mayor  of  that  city  the  sum  of  seventy-five  dollars  ;  and 
for  a  license  to  vend  such  tickets  in  the  city  of  Troy,  to  pay 
to  the  mayor  of  that  city  the  sum  of  one  hundred  dollars ; 
and  for  a  license  in  the  city  of  Schenectady,  to  pay  to  the 
mayor  of  that  city  the  sum  of  fifty  dollars  ;  and  to  the  trea- 
surers of  the  counties  where  applications^shall  b^  made  to 
the  judges  of  the  county  courts,  such  sums  as  the  said  judges, 
or  a  majority  of  them,  shall  require,  not  less  than  twenty  dol- 
lars, nor  more  than  one  hundred  dollars :  and  no  licenses 
shall  be  granted  by  the  judges  of  the  county  courts,  until 
the  receipt  of  the  county  treasurer  for  the  said  sum  so  re- 
quired to  be  paid,  shall  be  produced  and  filed  with  the  clerk 
of  the  county. 

§  44.  No  license  shall  be  granted  to  any  other  persons  than  And  bonds  to  be 

,  ^     r  111  1    •  /-         1  executed  by  them 

those  beiorc  excepted,  until  the  person  applymg  for  the  same 
shall  enter  into  a  bond  to  the  people  of  this  state,  '^th  two 
sufficient  sureties,  to  be  approved  by  the  said  mayors  respec- 
tively in  their  several  cities,  or  by  the  judges  of  the  county 
courts  in  their  several  counties,  or  a  majority  of  sucl^  jjudges, 

5G 


I 


142  LOTTERIES. 

which  approbation  shall  be  endorsed  on  the  said  bond ;  and 
which  bond,  when  executed  in  the  city  of  New- York,  shall 
dSoil?  *"^  *°^  ^^  ^"  ^^^  penal  sum  of  five  thousand  dollars,  and  in  any  other 
city  or  county,  in  the  penal  sum  of  two  thousand  dollars, 
with  a  condition  therein  that  the  person  receiving  such  li- 
cense shall  not,  during  the  continuance  thereof,  directly  or 
indirectly,  sell,  vend,  barter,  furnish,  supply,  procure,  or 
cause  to  be  procured,  furnished  or  supplied,  within  this  state, 
to  any  person,  any  ticket  or  share,  or  interest  in  any  ticket, 
of  any  lottery,  or  of  any  other  game  or  device  of  chance, 
other  than  such  as  have  been  authorized  by  the  legislature 
of  this  state,  or  any  ticket  or  share,  or  interest  in  any  ticket 
of  any  private  lottery,  device  or  game  of  chance,  dependent 
upon  the  drawing  of  any  lottery  ;  and  that  the  person  receiv- 
ing such  license  will,  during  the  continuance  thereof,  con- 
form himself,  in  all  things,  to  the  laws  of  this  state  relative 
to  lotteries  and  the  sale  of  tickets. 

Bond!  where  filed  §  45.  Such  bond,  on  being  duly  cxecutcd,  shall  be  delivered 
to  the  person  or  persons  to  whom  application  for  such  li- 
cense shall  be  made,  before  any  license  shall  be  granted,  and 
shall  be  by  them  filed  in  the  office  of  the  clerks  of  their  re- 
fee  for  license,  spectivc  counties,  and  for  granting  such  license,  such  mayor 
or  judges  shall  be  entitled  to  receive  the  sum  of  fifty  cents. 

bondsr"^'"*"  *'*"  §  46.  It  shall  be  the  duty  of  the  several  district  attornies 
of  this  state,  v/henever  any  condition  of  any  such  bond  has 
been  violated,  to  ^^rosecute  such  bond  by  action  of  debt,  and 
to  assign  the  breaches  of  such  condition :  and  on  any  breach 
of  such  condition  being  found  by  verdict  or  confessed,  it  shall 
be  the  duty  of  the  court  wherein  such  suit  is  prosecuted,  to 
render  judgment  for  the  penalty  of  such  bond,  with  the  costs 
Payment  over  of  of  suit,  and  to  causc  cxccution  thcrcon  to  be  duly  had.  The 
recoveries.  amouut  Collected  on  such  judgment,  upon  any  bond  executed 
in  the  city  of  New- York,  over  and  above  the  costs,  shall  be 
paid  to  the  mayor  of  the  said  city,  and  upon  any  bonds  exe- 
cuted in  any  other  county,  to  the  county  treasurer  thereof. 

m^mw  *^?ece?ved      ^  '^^-  '^^^  nionics  received  by  the  mayor  of  the  city  of  New- 

la  New-York.      York,  either  upon  the  granting  of  licenses,  or  from  recoveries 

upon  bonds  as  aforesaid,  shall  be  paid  over  from  time  to  time 

as  they  shall  be  received,  the  one  half  thereof  to  the  managers? 


LOTTERIES.  44 

of  the  institution  for  the  education  of  the  deaf  and  dumb,  and 
the  other  half  to  the  common  council  of  the  said  city,  for  the 
use  of  the  public  schools  therein. 

§  48.  The  monies  received  as  aforesaid  by  the  mayors  of  monies 'reSwi 
other  cities  of  this  state,  shall  be  by  them  paid  over  as  re-  ^'^^ 
ceived,  to  the  treasurers  of  their  respective  counties ;  and 
the  monies  so  received  by  the  said  treasurers,  as  w^ell  as  the 
monies  received  by  them  on  granting  licenses,  and  from  re- 
coveries on  bonds,  shall  be  preserved  as  a  fund  for  the  sup- 
port of  the  poor  of  the  counties  respectively  in  w^hich  the 
same  shall  be  received,  subject  to  the  disposition  of  the  board 
of  supervisors  of  each  county,  excepting  that  the  monies  so 
received  and  collected  in  the  city  of  Hudson,  shall  be  paid  ^  "  ^°°' 
over  to  the  benefit  of  the  Hudson  Lancaster  school ;  and  the 
monies  so  collected  and  received  from  granting  licenses  to 
venders  in  the  first  four  wards  of  the  city  of  Troy,  shall  be    Troy, 
paid  over  to  the  trustees  of  the  first  school  district  in  that  city, 
to  be  by  them  applied  to  the  support  of  a  high  school  on  the 
monitorial  plan,  and  to  be  accounted  for  as  other  school  mo- 
nies that  shall  come  into  their  hands  ;  and  the  monies  so  col- 
lected from  the  venders  of  lottery  tickets  in  the  village  of 
Lansingburgh,  shall  be  paid  over  by  the  treasurer  of  the 
county  of  Rennselaer  to  the  trustees  of  the  Lansingburgh  Lansingburgh. 
monitorial   school,  to  be   applied  to   the   use   of  the   said 
school.  (85) 

§  49.  If  any  licensed  vender  of  lottery  tickets  shall  be  con-  forSdr&c.  *" 
victed  of  any  of  the  offences  specified  in  this  Article,  his  li- 
cense shall,  by  such  conviction,  become  forfeited,  and  be  held 
absolutely  null  and  void ;  and  such  person  shall  for  ever 
thereafter  be  debarred  from  receiving  any  license  to  vend 
lottery  tickets  in  this  state ;  but  no  such  forfeiture  of  any  li- 
cense shall  prevent  the  prosecution  of  the  bond  given  by  such 
vender  to  obtain  such  license,  nor  shall  such  conviction  and 
forfeiture  bar  any  suit  or  recovery  upon  any  such  bond. 

§  50.  The  agents  of  the  institutions  or  corporations  for  ticSmaybraf- 
whose  benefit  lotteries  have  been  granted  by  any  law  of  this  videdinto shares. 
state,  duly  appointed  by  them,  to  conduct  such  lotteries,  and 
the  persons  who  have  purchased  such  lotteries  from  said  in- 

(85)  Laws  of  182B,  p.  100  ;  ib.  p.  172. 


444  LOTTERIES. 

I 

stitutions  or  corporations,  rtnay  divide  any  tickets  in  any  sucn 
lotteries  into  shares,  and  may  issue  certificates  of  such  shares, 
which  shall  bo  subscribed  by  the  agents  of  the  said  institu- 
tions or  corporations,  or  by  the  said  purchasers  or  by  their 
Li«t  thereof  to  be  agcuts,  for  that  purposc  appointed.    Before  issuing  such  cer- 


tificates, a  complete  list  thereof,  exhibiting  the  register  and 
combination  numbers  thereof,  duly  certified  to  be  true  and 
correct,  by  the  persons  intending  to  issue  the  same,  shall  be 
filed  in  the  office  of  the  secretary  of  state.  The  said  list,  or 
a  duly  certified  copy  thereof,  shall  be  evidence  in  all  courts. 

Penalty  for  sell-  §  51.  No  pcrsoH  shall,  within  this  state,  sell  any  share  or 
ei\htLi9aof  ucl-  part  of  a  ticket  in  any  lottery  whatsoever,  other  than  the  cer- 
tificates of  shares  issued  in  conformity  to  the  preceding  sec- 
tion ;  nor  shall  any  person  give  any  writing  or  certificate 
that  the  bearer,  or  any  person,  shall  be  entitled  to  any  share 
or  part  of  any  prize  which  may  be  drawn  in  any  lottery 
whatever,  except  the  certificates  issued  according  to  the  pre- 
ceding section ;  whoever  shall  offend  against  these  provisions, 
or  either  of  them,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  liable  to  a  fine  not  exceeding  one 
hundred  dollars,  and  to  imprisonment  not  exceeding  three 
calendar  months,  or  to  both,  in  the  discretion  of  the  court. 

feSftS  ^Undei  ^  ^^*  ^^  ^^^^^  ^^^  ^^  ncccssary  in  the  trial  of  any  suit  or 
thii  Article.  prosccution  Under  the  provisions  of  this  Article,  to  prove  the 
existence  of  any  lottery  in  which  any  ticket,  share 'or  part  of 
a  ticket  purports  to  have  been  issued,  or  the  actual  signing  of 
any  such  ticket,  or  share,  or  of  any  pretended  ticket  or  share, 
of  any  pretended  lottery;  nor  that  any  ticket,  share,  or  inter- 
est, was  signed  or  issued  by  the  authority  of  any  manager,  or 
of  any  person  assuming  to  have  authority  as  manager  ;  but 
in  all  cases,  proof  of  the  sale,  furnishing,  bartering  or  procur- 
ing of  any  ticket,  share  or  interest  therein,  or  of  any  instru- 
ment, purporting  to  be  a  ticket,  or  part  or  share  of  any  ticket, 
shall  be  conclusive  evidence  that  such  ticket,  share  or  in- 
terest was  signed  and  issued  according  to  the  purport 
thereof. 

•  tJy\feSt^!^T      §  ^3.  If  any  person  shall   falsely  make,  alter,  forge  or 
counterfeit,  or  cause  or  procure  to  be  felsely  made,  altered, 


LUNATICS— SAFE  KEEPING  OF.  445 

forged  or  counterfeited,  or  willinging  act  or  assist  in  the 
false  making,  altering,  forging  or  counterfeiting  any  ticket 
of  any  lottery,  or  other  game  or  device  of  chance,  or  any 
share  or  interest,  or  any  certificate  of  any  share  or  interest 
in  any  ticket  of  any  lottery,  or  other  game  or  device  of 
chance,  with  intent  to  defraud  any  person  or  body  corporate 
whatsoever,  or  shall  utter  or  publish  as  true,  or  shall  sell  or 
exchange,  or  offer  for  sale  or  exchange,  any  false,  altered, 
forged  or  counterfeited  ticket  of  any  lottery,  or  other  game, 
or  of  any  share  or  interest,  or  of  any  device  of  chance,  or 
certificate  of  any  share  or  interest  in  any  ticket  of  any  lottery^ 
with  intention  to  defraud  any  person  or  body  politic  or  cor- 
porate w^hatsoever,  knowing  the  same  to  be  false,  altered, 
forged  or  counterfeited,  then  any  such  person  being  thereof 
convicted,  shall  be  subject  to  imprisonment  as  prescribed 
by  law. 

§  54.  It  shall  be  the  duty  of  the  presiding  judge  of  every    Grand  juries  to 
court  of  oyer  and  terminer,  and  every  court  of  general  ses-  JpccungThil  Ar- 
sions  of  the  peace,  specially  to  charge  every  grand  jury  to  *'*^'^" 
inquire  into  all  violations  of  the  law^s  against  lotteries,  and 
againsMhe  unlawful  selling  of  tickets  in  lotteries. 


liUi^ATICS-Saie  keeping  of. 

Revised  Statutes,  Vol  1,  p,  633. 
TITLrE  III. 

OP  THE  SAFE  KEEPING  AND  CARE  OF  LITNATICS. 

Sbct.  1.  Committees  ofa  lunatic  having  property,  to  confine  and  maintain  him. 

2.  If  be  has  not  property,  certain  relatives  to  confine  and  support  him. 

3.  Powers  of  overseers  of  poor  to  compel  relatives  of  lunatic  to  confine  him.&c. 

4.  Lunatics  how  to  be  secured  and  where  confined. 

6.  Duty  of  overseers  to  procure  suitable  place  for  confining  lunatics. 

6.  When  lunatics  may  be  confined  in  jails  ;  but  not  as  disorderly  persons. 

7.  Not  to  be  confined  with  criminals,  nor  more  than  four  weeks  in  a  jail. 

8.  Two  justices  may  apprehend  lunatic  without  application  of  overseers. 

9.  Superintendents  and  overseers  may  send  lunatics  to  asylum  in  New- York. 

10.  Expense  thereof  and  of  maintaining  lunatic,  how  defrayed. 

11.  Penalty  for  confining  lunatics  otherwise  than  as  herein  directed. 

12.  Powers  of  chancellor  respecting  lunatics,  not  to  be  aflfected  by  this  Title. 

13.  Proceedings  to  compel  comniittees-of  a  lunatic  to  confine  and  support  him. 

14.  County  superintendents  to  have  the  same  powers  as  overseers. 

§  1.  When  any  person,  by  lunacy  or  otherwise,  becomes  Lunatics  having 
furiously  mad,  or  so  far  disordered  in  his  senses  as  to  endan-  ionS,  i".  by 
ger  his  own  person,  or  the  person  or  property  of  others,  if  licr    **""'""' 


446  LUNATICS— SAFE  keeping  of. 

permitted  to  go  at  large,  who  is  possessed  of  sufficient  pro- 
perty to  maintain  himself,  it  shall  be  the  duty  of  the  commit- 
tee of  his  person  and  estate,  to  provide  a  suitable  place  for 
the  confinement  of  such  person,  and  to  confine  and  maintain 
him  in  such  manner  as  shall  be  approved  by  the  overseers  of 
the  poor  of  the  city  or  town. 

Not  having  pro-      §  2.  If  such  Dcrson  is  not  possessed  of  sufficient  property  ' 

perty,  to  be  con-  ^  ^  r      i         j 

flned,  &c.  by  cer- to  maintain  himself,  it  shall  be  the  duty  of  the  father  and 

tarn  relatives;  -' 

mother,  and  the  children  of  such  person,  being  of  sufficient 

ability,  to  provide  a  suita])le  place  for  his  confinement,  and 

to  confine  and  maintain  him  in  such  manner  as  shall  be  ap- 

^  proved  by  the  overseers  of  the  poor  of  the  city  or  town.  (27) 

Duty,  how  en-        ^  ^*  ^^^  ovcrsccrs  of  the  poor  shall  have  the  same  reme- 

forced.  ^[q^  ^q  compel  such  relatives  to  confine  and  maintain  such 

lunatic  or  mad  person,  and  to  collect  the  costs  and  charges 

of  his  confinement,  as  are  given  by  law  in  the  case  of  poor 

and  impotent  persons  becoming  chargeable  to  any  town.  (27) 

LunatiM,  hoTT         §  4.  In  casc  of  the  refusal  or  neglect  of  any  committee  of 
■ecured.  ^^^^  luuatic  or  mad  person,  or  of  his  relatives,  to  confine 

and  maintain  such  person  as  aforesaid  ;  or  when  there  is  no 
such  committee  or  relative  of  sufficient  ability  ;  it  shall  be 
the  duty  of  the  overseers  of  the  poor  of  the  city  or  town 
where  any  lunatic  or  mad  person  shall  be  found,  to  apply  to 
any  two  justices  of  the  peace  of  the  same  city  or  town,  who, 
upon  being  satisfied  upon  examination,  that  it  would  be  dan- 
gerous to  permit  such  lunatic  to  go  at  large,  shall  issue  their 
warrant  directed  to  the  constables  and  overseers  of  the  poor 
of  such  city  or  town,  commanding  them  to  cause  such  lunatic 
or  mad  person  to  be  apprehended,  and  to  be  safely  locked  up 
and  confined  in  such  secure  place  as  may  be  provided  by 
the  overseers  of  the  poor,  to  whom  the  same  shall  be  direct- 
ed, within  the  town  or  city  of  which  such  overseers  may  be 
officers,  or  within  the  county  in  which  such  city  or  town  may 
be  situated,  or  in  the  county  poor-house  in  those  counties 
where  such  houses  are  established,  or  in  the  lunatic  asylum 
in  the  city  of  New- York. (28) 

(27)  Laws  of  1827,  p.  31?,  ^  5.  (?«)  lb.  ^  1,  and  1  K.  L.  116,  ^  6. 


LUNATICS CONFINEMENT  AND  REMOVAL  OF.  447 

§  5.  It  shall  be  the  duty  of  the  overseers  of  the  poor  to  J^'^JJ  ''^  *'^*'- 
whom  such  warrant  shall  be  directed,  to  procure  a  suitable 
place  for  the  confinement  of  such  lunatic  as  therein  directed, 
pursuant  to  the  preceding  section.  (29) 

§  6.  No  person  who,  by  reason  of  lunacy  or  otherwise,  is  How  and  when 

r      •  ^  r        -!•  1  i   •      i  •  •      i  lunatics  may  bo 

furiously  mad,  or  so  far  disordered  in  his  mind  as  to  be  dan-  confined  in  jaiii. 
gerous  if  permitted  to  go  at  large,  shall  be  committed  as  a  dis- 
orderly person,  to  any  prison,  jail,  house  of  correction,  or 
confined  therein,  unless  an  agreement  shall  have  been  made 
for  that  purpose  with  the  keepers  thereof;  or  in  any  other 
way  than  as  is  herein  directed.  (30) 

§  7,  No  such  lunatic  or  mad  person,  or  person  disordered  in  what  manner 

,  .  1      n   1  n        1   •         ^  •   i  and  for  what  tini> 

in  nis  senses,  shall  be  confined  in  the  same  room  with  any  to  be  confined. 

person  charged  with  or  convicted  of  any  crime ;  nor  shall 

such  person  be  confined  in  any  jail  more  than  four  wrecks, 

and  if  he  continue  furiously  mad  or  dangerous,  he  shall  be 

sent  to  the  asylum  in  New- York,  or  to  the  county  poor-house 

or  alms-house,  or  other  place  provided  for  the  reception  of 

lunatics,  by  the  county  superintendents. (31) 

§  8.  Any  two  justices  of  the  peace  of  the  city  or  town  rowers  of  twa 
where  any  such  lunatic  or  mad  person  shall  be  found,  may,  inSmiticsr^'^ 
without  the  application  of  any  overseers  of  the  poor,  and  upon    • 
their  own  view,  or  upon  the    information  or  oath  of  others, 
whenever  they  may  deem  it  necessary,  issue  their  warrant 
for  the  apprehension  and  confinement  of  such  lunatic  or  mad 
person,  as  aforesaid.  (32) 

§  9.  The  county  superintendents  of  .the  poor  of  anv  county.  Lunatics  may 

J  r  ^1  r  ",  .    -,  besenttoN.  y. 

and  any  overseers  of  the  poor  of  any  town,  to  which  any  asyium. 
person  shall  be  chargeable,  who  shall  be  or  become  a  lunatic, 
may  send  such  person  to  the  lunatic  asylum  in  the  city  of 
New- York,  by  an  order  under  their  hands. 

§  10.  The  expense  of  sending  any  lunatic  to  the  asylum  at  Expense  thereof, 
New- York,  and  of  supporting  him  there,  shall  be  defrayed  by  Blpport""""''''* ' 
the   county  or   town  to  which  he  may  be  chargeable;  if 
chargeable  to  a  county,  or  to  any  town  whose  poor  monies 

(59)  Laws  of  1827,  p.  319,  sec.  1.    (30)  Laws  of  1827,  p.  319,  sec.  4.     (31)  lb.  sec.  2  &.  3. 
(32)  1  R.  L.  116,  8CC.  6. 


448  LUNATICa-HSAFE  KEEPIltG  OF. 

are  required  to  be  paid  info  the  county  treasury,  such  ex- 
pense shall  be  paid  by  the  county  treasurer,  out  of  the  funds 
appropriated  to  the  support  of  the  poor  belonging  to  such 
county  or  town,  after  being  allowed  and  certified  by  the 
county  superintendents.  If  such  lunatic  be  chargeable  to  a 
town,  whose  poor  monies  are  not  required  to  be  paid  into 
the  county  treasury,  such  expense  shall  be  paid  by  the  over- 
seers of  the  poor  thereof. 

Penalty  for  con-        §  1 1.  Auv  overscer  of  the  poor,  constable,  keeper  of  a  iail, 

fiuing  luualiw,  '  •  ,  u    ii  x:  i      i  •  i 

tc.  or  other  person,  who  shall  confine  any  such  lunatic  or  mad 

person,  in  any  other  manner  or  in  any  other  place  than  such 
as  are  herein  prescribed,  shall  be  deemed  guilty  of  a  misde- 
meanor ;  and  on  conviction,  shall  be  liable  to  a  fine  not  ex- 
ceeding two  hundred  and  filty  dollars,  or  to  imprisonment 
not  exceeding  one  year,  or  to  both,  in  the  discretion  of  the 
court  before  which  the  conviction  shall  be  had.  (31) 

Powers  of  Chan-       §  l^'  Nonc  of  the  forcgoing  provisions  shall  be  deemed  to 
fmed!*'  ^^'^^'  restrain  or  abridge  the  power  and  authority  of  the  chancellor, 

concerning  the  safe-keeping  of  any  lunatics,  or  the  charge  of 

their  persons  or  estates. (32) 

commitiecBofa        ^13.  Thc  oversccrs  of  the  poor  of  any  city  or  town  shall 

luiialic,  how  to  *  _  i 

coMfine  hiin,  &c.  Jiavc  the  samc  remedies  to  compel  the  committee  of  the  es- 
tate of  any  lunatic  to  confine  and  maintain  such  lunatic  or 
mad  person,  and  to  collect  of  such  committee  the  costs  and 
charges  of  his  confinement  and  support,  as  are  given  in  the 
preceding  sections  against  the  relatives  of  such  lunatic. 
And  the  court  of  general  sessions  of  the  peace  of  the  city  or 
county,  shall  make  orders  against  such  committee  personally, 
and  enforce  them  in  the  same  manner  as  against  the  rela- 
tives of  any  poor  person,  so  long  as  such  committee  hath 
any  property  in  his  hands  for  the  support  of  such  lunatic. 

Powers  of  county      §  14.  The  county  Superintendents  of  the  poor  shall  have 
supermiendents .  ^^^  ^^^  powcrs  and  authority  herein  given  to  overseers  of  the 
poor  of  any  town'. 

(31)  Laws  of  1827,  p.  319,  sec.  4.  (32)  1  R.  L.  1L6,  sec.  6. 


MAP  OR  PLAN  OF  NEW- YORK.  44» 

MAP  OR  PLAN  OF  XEW  YORK- 

[Thirtieth  Session,  Vol  5,  W.  <^  S.  124.] 
CHAP.  CXV. 

1.  New  York  city— commissioners  of  streets  and  roads  appointed. J.  T8«aB«7  is 

how  filled. 
HB.  Act  declared  public,  and  to  be  favourably  construed. 

1.  Commissioners  of  streets,  &c.  appointed. 3.  Qualifications  required  in  futar* 

appointment)*. 

6.  ■■ their  powers. 7.  Regulated. 1.  6.  Within  what  period,  and  limits 

to  be  exercised. 
13. prohibited  from  purchasing  property  by  them  regulated. 

14.  to  take  an  oath. 

26. their  compensation. 27.  Powers  when  to  cease. 

8.  Lands,  ice.  commissioners  may  enter  upon. 

31.  Low- water  mark,  certain  lands  below,  \'ested  in  the  corpora'lon. — .12.  With  provUo. 

9.  Mapsof  streets,  &c.  three  to  be  made. — 10.  How  authenticated. — 11.  Where  filed. 
12.  Monuments  to  be  erected. 

15.  Plans,  surveys  and  mapsof  streets,  made  by  commissioners,  to  be  final  and  concluiiT* 
30.  Slips,  basins,  &c.  recital  respecting  the  regulation  of 

29.  Suits  instituted  under  this  act,  defendants  in,  may  plead  the  general  issue. 
33.  Commissioners'  remarks. 

AN  ACT  relative  to  Improvements,  touching  the  laying  out 
of  Streets  and  Roads  in  the  City  of  New-York,  and  for 
other  purposes. 

Passed  April  3,  1807. 

I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  re-      1 . 
presented  in  Senate  and  Assembly,  That  Governeur  Morris, 
Simeon  De  Witt  and  John  Rutherford  be  and  they  are  here- 
by appointed  commissioners  of  streets  and  roads  in  the  city 

of  New- York,  for  the  purpose  of  performing  the  several 
acts  and  duties  hereinafter  prescribed. 

II.  And  be  it  further  enacted,  That  in  case  of  the  death,  2' 
resignation  or  refusal  to  act. of  any  of  the  said  com.mission- 
ers,  it  shall  and  may  be  lawful  for  the  mayor,  aMermen  and 
commonalty  of  the  city  of  New- York,  in  common  council 
convened,  as  often  as  such  event  shall  happen,  to  appoint 
and  commission  a  suitable  person  in  the  place  of  such  com- 
missioner so  dying,  resigning  or  refusing  to  act,  who  shall 
have  all  the  power  and  authority  vested  in  a  commissoner  by 
this  act:  Provided,  That  such  person,  so  to  be  appointed  by  ^ 
the  common  council,  shall  be  a  citizen  of  the  United  States, 
and  shall  not  be  a  proprietor  of  nor  interested  in  any  land  in 

57 


450  MAP  OR  PLAN  OF  NEW-YORK. 

either  of  the  sixth,  seventh,  eighth  or  ninth  wards  of  the 
said  city  of  New- York. 

4.  •  III.  And  he  it  further  enacted,  That  the  powers  and  du- 
ties hereby  given  to  the  said  commissioners  shall  be  exer- 
cised and  discharged  by  the  Said  commissioners  within  four 
years  from  the  passing,  of  this  act,  and  not  after. 

5.  IV.  And  he  it  further  enacted.  That  it  shall  and  may  be 
lawful  to  and  for  the  said  commissioners,  or  any  two  of  them, 
and  they  shall  have  and  possess  exclusive  power  to  lay  out 
streets,  roads  and  public  squares  of  such  width,  extent  and 
direction  as  to  them  shall  seem  most  conducive  to  public 
good,  and  to  shut  up  or  direct  to  be  shut  up  any  streets  or 
parts  thereof  which  have  been  heretofore  laid  out,  and  not 

6.  excepted  by  the  common  council  of  the  said  city,  within  that 
part  of  the  said  city  of  New- York  to  the  northward  of  a 
line  commencing  at  the  wharf  of  George  Clinton,  on  Hudson 
river,  thence  running  through  Fitzroy  road,  Greenwich- 
lane  and  Art-street  to  the  Bowery  road;  thence  down 
the  Bowery  road  to  North-street;  thence  through  North- 
street,  in  its  present  direction  to  the  East  river ;  and  no 
square  or  plot  of  ground,  made  by  the  intersection  of  any 
streets  to  be  laid  out  by' the  said  commissioners,  shall  ever, 
after  the  streets  around  the  same  shall  be  opened,  be  or 
remain  divided    by  any  public  or  open  lane,  alley,  street, 

7  or  thoroughfare  ;  and  it  shall  be  the  duty  of  the  said  com- 
missioners to  lay  out  the  leading  streets  and  great  avenues, 
by  them  to  be  laid  out,  of  a  width  not  less  than  sixty  feet, 
and  in  general  to  lay  out  said  streets,  roads  and  public 
squares  of  such  ample  width  as  they  may  deem  sufficient  to 
secure  a  free  and  abundant  circulation  of  air  among  said 
strefets  and  public  squares  when  the  same  shall  be^  built 
upon ;  and  said  commissioners,  fehall  not,  in  any  case,  lay 
out  any  street  of  less  than  fifty  feel  in  width. 

8  V.  And  he  it  further  enacted,  That  it  shall  and  may  be 
lawful  to  and  for  the  said  commissioners,  and  for  all  persons 
acting  under  their  authority,  to  enter,  in  the  day  time,  into 
and  upon  any  lands,  tenements  or  hereditaments  which  they 
shall  deem  necessary  to  be  surveyed,  used  or  converted  for 
the  laying  out,  opening  and  forming  of  any  street  or  road  as 


MAP  OR  PLAN  OF  NEW-YORK.  451 

aforesaid :  and  that  the  said  commissioners,  or  any  two  of     9. 
them,  shall   cause  three   similar  maps  of  such  streets  and 
roads,  so  to  be  laid  out.  by  them  as  aforesaid,  and  of  the 
shores  bounding  the  lands  by  them  surveyed,  to  be  made 
upon  an  extensive  scale,  accompianied  with  such  field  notes 
and  elucidatory  remarks  as  the  nature  of  the  subject  may 
require;  which  maps,  accompanied  by  such  field  notes  and    lo. 
remarks,  shall  be  attested  to  by  the  said  commissioners,  or 
any  two  of  them,  before   any  person  authorized   to  take 
acknowledgments  of  deeds  and  conveyances,  and  be  filed 
one  in  the  office  of  the  secretary  of  state,  to  remain  of    11, 
record,  one  other  to  be  filed  in  the  office  of  the  clerk,  of  the 
city  and  county  of  New- York,  to  remain  of  record,  and  the 
other  of  said  maps  to  belong  to  the  mayor,  aldermen  and 
commonalty  of  the  city,  of  New- York ;    and  that   the  said    12, 
commissioners  shall  erect  suitable  and  durable  monuments 
at  the  most  conspicuous  angles,  or  those  w^hich  shall  be  the 
most  eligible  for  that  purpose,  and  upon  the  shores  of  the 
North  and  East  rivers,  to  be  noted  on  said  maps  ;  and  that 
the  said  commissioners  shall  take  the  elevations  of  the  seve- 
ral intersections  or  squares  above  high  water  mark  withia 
the  boundaries  aforesaid,  or  so  many  of  them  as  they  may 
think  sufficient,  and  shall  delineate  them,  together  with  all 
such  hills,  vallies,  inlets  and  streams  as  may  be  necessary  on 
the  said  maps,  so  as  to  render   the  same  explicit  and  in- 
telligible. 

VI.  And  be  it  further  enactedy  That  it  shall  not  be  lawful  ^^• 
for  either  of  said  commissioners  during  the  time  he  shall 
be  in  office,  directly  or  indirectly,  to  purchase  or  contract 
for  any  lands,  tenements  or  hereditaments  in  that  part  of  the 
city  of  New- York  to  be  laid  out  and  regulated  as  aforesaid, 
and  that  every  deed,  contract  or  conveyance  contrary  to  the 
intent  hereof  shall  be  utterly  void. 

§  VII.  And  be  it  further  enacted,  That  before  the  said  com-     14, 
missioners  enter  upon  the  duties  of  their  appointment,  they 
shall  severally  take  and  subscribe  an  oath  before  the  mayor 
or  recorder  of  the  city  of  New- York,  faithfully  and  impartially 
to  ex.ecute  the  duties  of  their  said  appointment. 


4bt  MAP  OR  PLAN  OF  NEW- YORK. 

15.  J  VIII.  And  be  it  further  enacted,  That  the  plans  and  sur- 
veys of  the  said  commissioners,  or  any  two  of  them,' in  respect 
to  the  laying  out  of  streets  and  roads  within  the  boundaries 
aforesaid,  and  the  maps  of  the  same,  so  to  be  made  by  them, 
or  any  two  of  them,  as  aforesaid,  shall  be  final  and  conclu- 
sive, as  well  in  respect  to  the  said  mayor,  aldermen  and  com- 
monalty, as  in  respect  to  the  owners  and  occupants  of  lands, 
tenem^ents  and  hereditaments  within  the  boundaries  aforesaid, 
and  in  respect  to  all  other  persons  whomsoever. 

16.    17.        §  IX.  This  and  the  two  following  sections  are  repealed; 
5  W.  p.  523,  §  4. 

28.  §  XII.  And  be  it  further  enacted,  That  each  of  the  said  com^ 
missioners  shall  be  entitled  to  receive  the  sum  of  not  more 
than  four  dollars,  (besides  all  reasonable  expenses  for  maps, 
field  notes,  monuments,  chain  bearers  and  assistants)  for  each 
day  they  shall  respectively  be  actually  employed  in  the  du- 
ties hereby  assigned  to  them,  the  same  to  be  paid  by  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New-York, 

27.  and  assessed  as  aforesaid ;  and  that  the  powers  of  the  said 
commissioners  shall  cease  when  they  shall  have  completed 
the  maps  aforesaid,  with  the  field  books  and  remarks  afore- 
said, and^delivered,  attested  to,  and  filed  the  same  respec- 
tively as  aforesaid  ;  and  that  in  case  of  the  death  of  one  of 
the  said  commissioners,  the  survivors  shall  have  power  to 
proceed  in  the  execution  of  this  act,  until  a  successor  of  the 
deceased  shall  be  appointed. 

25,  §  XIII.  And  be  it  further  enacted,  That  this  act  shall  be 
considered,  adjudged  and  taken  to  be  a  public  act,  and  be 
liberally  expounded  and  construed  to  advance  the  ends 
thereof. 

29.  §  XIV.  And  be  it  further  enacted,  That  if  any  person  shall 
be  sued  for  any  thing  done  in  pursuance  of  this  act,  it  shall 
be  lawful  for  such  person  to  plead  the  general  issue,  and  to 
give  this  act  and  the  special  matter  of  defence  in  evidence 
under  such  plea. 

SO.  §  XV.  And  whereas,  for  the  purpose  of  duly  regulating  and 
tonstruetin§;  slips  and  basins,  and  for  running  out  wharves 


MAP  OR  PLAN  OF  NEW-YORK.  451 

and  piers,  it  is  essential  that  the  right  to  the  land  under  water, 
below  low-water  mark,  should  be  vested  in  the  corporation 
of  the  city  of  New- York.  Be  it  therefore  further  enacted j  81. 
That  it  shall  and  may  be  law^ful  for  the  commissioners  of  the 
land-office,  and  they  are  hereby  directed  to  issue  letters  pa- 
tent, granting  to  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  and  their  successors  for  ever,  all  the  right 
and  title  of  the  people  of  this  state,  to  the  lands  covered  with 
water,  along  the  easterly  shore  of  the  North  or  Hudson's 
river,  contiguous  to  and  adjoining  the  lands  of  the  said  mayor, 
aldermen  and  commonalty,  within  the  said  city  of  New- 
York,  at  and  from  low- water  mark,  and  running  four  hun- 
dred feet  into  the  said  river  from  Bestaver  s  killetjie  or  river, 
to  the  distance  of  four  miles  to  the  north  along  the  easterly 
shore  of  the  said  North  or  Hudson's  river ;  and  also  all  the 
land  covered  with  water,  along  the  westerly  shore  of  the  East- 
river  or  sound,  contiguous  to  and  adjoining  the  lands  of  the 
said  mayor,  aldermen  and  commonalty,  at  and  from  low- water 
mark,  and  extending  four  hundred  feet  into  the  said  river  or 
sound,  from  the  north  sideof  Corlear's  Hook,  at  the  northerly 
boundary  of  the  lands  covered  with  water,  whereof  the  said 
mayor,  aldermen  and  commonalty  are  now  seised,  to  the  dis- 
tance of  two  miles  to  the  north,  along  the  westerly  shore  of 
the  said  East  river  or  sound :  Promded always.  That  the  pro-  32. 
prietor  or  proprietors  of  the  lands  adjacent,  shall  have  the  pre- 
emptive right  in  all  grants  made  by  the  corporation  of  the 
said  city,  or  of  any  lands  under  water  granted  to  the  said 
corporation  by  this  act. 


The  time  of  filing  the  maps  mentioned  in  the  fifth  and 
ninth  sections,  was  \st  oi  April,  1811.  The  provisions  rela- 
tive to  Commissioners  of  Assessment  contained  in  the  ninth 
section,  are  superseded  by  the  provisions  contained  in  the 
act  of  1813,  entitled,  "  An  Act  to  reduce  several  Laws  relatintr 
particularly  to  the  City  of  New-York,  into  one  act," 

It  has  also  been  deemed  of  importance  to  insert  the  Com- 
missioners' Remarks  in  this  place. 


454  *  MAP  OR  PLAN  OF  NEW- YORK. 


S3. 


C02^i:.-.i.£i^^02^EaS^    hemakss. 


The  Commissicncrs  appointed  in  and  by  the  Act,  according  to  the  form  and  efTect  thereof^ 
remark  on  their  maps,  as  filed,  viz.  one  in  the  ofiice  of  the  Secretaiy  of  State,  one  in  the  office- 
of  the  Clerk  of  the  City  and  County  of  New-York,  and  the  other  btlenging  to  the  Mayor,. 
Aldermen,  and  Commonalty  of  the  Cify  cf  New- York, — 

That  as  soon  as  they  eould  nicety  and  take  the  oath  prescribed,  tliey  entered'  on  the  duties; 
of  their  office,  and  employed  persons  to  make  surreys  of  Manhattan  Island,  which  they  per- 
sonally reconnoitered,  so  as  to  acquire  the  general  information  needful  to  the  correct  prose- 
cution of  their  work,  which  has  been  much  dt'layedby  the'difficuliy  of  procuring  competent 
persons,  on  those  economical  terms  wliich  they  prescribed  to  themselves,  and  by  season* 
peculiarly  unfavourable. 

That  one  of  the  first  objects  which  clainjed  their  attention,  was  the  form  and  manner  id 
which  the  business  should  be  conducted ;  that  is  to  say,  whether  tkey  should  confine  tliem- 
selves  to  rectilinear  and  rectangular  streets,  or  whether  they  should  adopt  some  of  those 
supposed  improvements,  by  circles,  ovals,  and  stars,  which  certainly  embellish  a  plan,  what- 
ever may  be  their  efiects  a-j  to  convenience  and  utility.  In  considering,  that  subject,  they 
could  not  but  bear  in  mind  that  a  city  is  to  be  composed  prhicipallyof  the  habitations  of  men, 
and  that  straight  sided  and  right-angled  houses  are  the  most  cheap,  to  build,  and  the  most 
convenient  to  live  in.    The  effect  of  these  plain  and  simple  reflections  wlxs  decisive. 

Having  determined,  therefore,  that  the  work  should  in  general  be  rectangular,  a  second^ 
and,  in  their  opinion,  an  important  consideration,  was  to  amalgamate  it  with  the  plans- 
already  adopted  by  individuals  so  as  not  to  make  any  imporfant  change  in  their  dispositions. 
This,  if  it  could  have  been  efiected  consistently  with  the  public  interest,  was  desirable,  not 
only  as  it  might  render  the  work  more  generally  acceptable,  but  also  as  it  might  be  the  meana 
of  avoiding  expense-  It  was,  tbereifore,  a  favourite  objec^t  with  the  Commissior^rs,  and  pur- 
sued until  after  various  unfruitful  attempts  had  proved  the  extreme  difficulty  ;  nor  was  it 
abandoned  at  last  but  from  necessity.  To  show  the  obstacles  which  frustrated  e^•ery  etfort, 
can  be  of  no  use.  It  will,  perhaps,  be  more  satisfactory  to  each  person  who  may  feel  ag 
grieved,  to  ask  himself,  whether  his  sensations  would  not  have  been  still  more  unpleasant^ 
had  his  favorite  plans  been  sacrificed  to  preserve  those  of  a  more  fortunate  neighbour  1 

If  it  should  be  asked,  why  was  the  present  plan  adopted  in  preference  to  any  other  1  The- 
answer  is,  because,  after  taking  all  circumstances  into  consideration,  it  appeared  to  be  tlie.- 
best ;  or,  in  other  and  more  proper  terms,  attended  v^ith  the  least  inconvenience. 

It  may  to  many  be  matter  of  surprise,  that  so  few  vacant  ^aces  have  Been  left,  and  tho.''e- 
BO  small,  for  the  benefit  of  fresh  air,  and  consequent  preservation  of  health,  Certainly,  if  the- 
city  of  New-York  were  destined  to  stand  on  the  side  of  a  small  stream,  such  as  the  Seine  oi 
the  Thames,  a  groat  number  of  ample  places  might  be  needful ;  but  those  large  arms  of  the- 
sea  which  embrace  Manhattan  Island,  reiKler  its  situation,  in  regard  to  health  and  pleasure., 
as  well  as  to  convenience  of  commerce,  peculiarly  felicitous;  v\hen,  th«refore,  from  the  same- 
causes,  the  price  of  land  is  so  uncommoaly  great,  it  seemed  proper  to  admit  the  principles  or 
economy  to  greater  in^uence  than  might,  under  circumstances  of  a  different  kind,  have  con- 
sisted with  tlie  dictates  of  prudence  and  the  sense  of  duty. 

It  appeared  proper,  nererthele&s,  to  select  and  set  apart,  on  an  elevated  position,  a  space- 
sufficient  for  a  large  reservoir,  when  it  shall  be  found  needful  to  furnish  the  city,  by  means 
ef  aqueducts,  or  by  the  aid  of  hydraulic  machinery,  v/ith  a  copious  supply  of  pure  and  whole- 
some water.  In  the  meantime,  and  indeed  afterwards,  the  same  place  may  be  consecrated, 
to  the  purposes  of  science,  when  public  spirit  shaJl  dictate  the  building  of  an  observatory. 

It  did  not  appear  proper,  only  it  was  felt  to  be  indispensable,  that  a  mnth  larger  space 
should  be  set  apart  for  military  exercise,  as  a'-.o  to  assemble,  in  rase  of  need,  the  force  des- 
tined to  defend  the  city.  The  quj-stion,  thereforp,  was  not,  and  could  not  be,  whether  ibam; 
jdiould  be  a  Grand  Parade,  but  where  it  should  be  placed,  and  what  should  be  its  size.   And. 


MAP  OR  PLAN  OF  NEW- YORK.  ^^5 

here  again  it  is  to  be  lamented,  that  in  this  late  day  the  Parade  could  not  be  l.rcught  lutthel 
Bouth,  and  made  larger  than  it  is,  without  incurring  a  frightful  expense. 

The  spot  nearest  to  that  part  of  the  City  already  built,  which  could  be  selected  with  any 
regard  to  economy,  is  at  the  foot  of  those  heights  called  Inkiangberk,  in  the  vicinity  of  Kip's  V 

Bay.  That  it  is  too  remote  and  too  small,  shall  not  be  denied ;  but  it  is  presumed,  that  tiiose 
who  may  be  inclined  to  criticism  on  that  score,  may  feel  somewhat  mollin^^d  when  tlie 
Collector  shall  call  for  their  proportion  of  tlie  large  and  immediate  tax  wliich  even  thia 
small  and  remote  Parade  will  require. 

Another  large  space,  almost  as  necessarj'  as  the  last,  is  that  which  in  no  distant  period 
will  be  required  for  a  Public  JIarket.  The  Ciiy  of  New- York  contains  a  populaticm  already 
sufficient  to  place  it  in  the  rank  of  cities  of  the  second  order,  and  is  rapidly  advancing  to- 
wards a  level  with  the  first.  It  is  perhaps  no  unreasonable  conjecture,  tha*t  in  half  a  cen- 
tury it  will  be  closely  built  up  to  the  norihtrn  boundary  of  the  Parade,  and  contain  400,000 
fiouls.  The  controlling  power  of  necessity  will  long  before  that  period  have  taught  its  inha- 
bitants the  advantage  of  deriving  their  supplies  of  butcher's  meat,  poultry,  fish,  game,  vege- 
tables, and  fruit,  from  shops  in  the  neighbourhood.  The  dealers  in  those  articles  will  also 
find  it  convenient,  and  so  will  those  from  r/hom  they^ purchase,  to  meet  at  one  general  mart. 
This  has  a  tendency  to  fix  and  equalize  prices  over  the  whole  city.  The  carcass  butcher, 
gardener,  farmer,  otc.  will  be  able  to  calculate,  with  tolerable  accuracy,  on  tlie  rate  at  which 
the  supplies  he  furnishes  can  be  vended,  and  the  reasonable  profit  of  the  retailer  being  addedi 
will  give  a  price  for  the  consumer ;  varying  rather  by  the  quality  of  the  article  than  by  any 
other  circumstance.  It  is  no  trifling  consideration,  that  by  this  mode  of  supplying  the  wants 
of  large  cities,  there  is  a  great  saving  of  time  and  of  the  articks  consumed.  To  a  person 
engaged  in  profitable  businfss,  one  hour  spent  in  market  is  frequently  worth  more  than  the 
whole  of  what  he  purchases,  and  he  is  sometimes  obliged  to  purchase  a  larger  quantity  than 
he  has  occasion  to  use,  so  that  the  surplus  is  wasted.  Moreover,  the  time  spent  by  those 
who  bring  articles  of  small  value  from  the  countrj^,  in  retailing  them  out,  bears  such  great 
proportionto  the  articles  themselves,  as  to  increase  the  price  beyond  what  it  ought  to  be  — 
In  fchort,  experience  having  demonstrated  to  every  great  aggregation  of  mankind  the  cxpe- 
diencyofeuch  arrangement,  it  is  reasonable  to  conclude  that  it  will  be  adopted  hereafter, 
and  therefore  it  is  proper  to  provide  for  it  now.  Neither  is  it  wholly  unwortiiy  of  conside- 
ration,  that  the  establishment  of  a  general  mart  will  leave  open  the  spaces  now  appropriat- 
ed to  that  object,  in  parts  of  the  city,  more  closely  built  than  is  perfectly  consistent  witJi 
cleanliness  and  health.  The  pluce  selected  for  this  purpose  is  a  salt  marsh,  and  from  that 
circumstance,  of  inferior  price,  though  in  regard  to  its  destination,  of  greater  value  than 
other  soil.  The  matter  dug  from  a  large  canal  through  the  middle,  for  the  admission  of 
market  boats,  will  give  a  due  elevation  and  solidity  to  the  sides,  and  in  a  space  of  more  than 
3000  feet  long,  and  upwards  of  800  wide,  there  will,  it  is  presumed,  after  deducting  what  is 
needful  for  the  Canal  and  Markets,  be  suflicient  room  for  carls  and  wagons,  without  incom- 
moding those  whose  business  or  curiosity  may  induce  thcra  to  uttcnd  it. 

To  some  it  may  be  matter  of  surprise  that  the  whole  Isltind  has  not  been  laid  out  as  a 
City;  toothers  it  may  be  a  subject  of  merriment,  that  the  Commissioners  have  provided 
space  for  a  greater  population  than  is  collected  at  any  spot  on  this  side  of  China.  They 
have  in  this  respect  been  governed  by  the  shape  of  the  ground.  It  is  not  improbable  that 
considerable  numbers  may  be  collected  at  Haorlem,  before  the  high  hills  to  the  southward 
of  it  shall  be  built  upon  as  a  city;  and  it  is  improbable  that  (for  centuries  to  come)  the 
grounds  north  of  Hacrlfm  Flat  will  be  covered  with  houses.  To  have  corne  short  of  the  " 
extent  laid  out,  might  therefore  have  defeated  just  expectation,  nnd  to  have  gone  further 
might  have  furnished  materials  to  the  pernicious  spirit  of  speculation. 

For  the  better  understanding  of  the  Map,  it  will  be  proper  to  recollect,  in  examining  it, 
that  the  term  .Avenue  is  applied  to  all  those  streets  which  run  in  a  northerly  direction,  paral- 
lel to  each  other ;  these  are  100  feet  wide,  ancj  such  of  them  as  can  be  extended  as  far  north 
as  the  village  of  Haerlcm  are  numbered,  (beginning  with  the  most  ea.5tern,  which  passes 
from  the  west  of  Bellevue  Hospital  to  the  east  of  Haerlcm  Church,)  1,  2,  3,  4,  5,  G,  7,  8,  9, 10, 
11,  and  12.  This  last  runs  from  ths  wharf  at  Manhattanville  nearly  along  the  shore  of 
Hudson's  River,  in  which  it  is  finally  lost,  as  appears  by  the  Map.  The  Avenues  to  the 
eastward  of  No.  1  are  marked  A,  B,  C,  and  D.  The  space  between  Ist  and  2d  is  650  feet, 
from  2d  to  3d  Avenue  is^GlOfeet;  the  spaces  from  Od  to  4th,  4ih  to  5th,  (which  is  Manliattan 
Avenue  or  Middle  Road)  and  from  the  5ih  to  6th  Avenue,  are  each  9-20  feet.  The  spaces 
west  of  No.  6  are  each  of  them  800  feet.     Tlic  westtilv  Fido  oftlie  Avenue  A  begins  at  the 


45«  MAP  OR  PLAN  OF  NEW- YORK. 

interBCctlon  of  the  northerly  side  of  North-atreet,  by  the  westerly  side  of  Essex  street.  The 
westerly  side  of  the  Avenue  B  begins  on  the  nortfierly  side  of  North-street,  by  the  westerly 
•ide  of  Arundle  street.  The  westerly  side  of  the  Avenue  C  begins  at  the  intersection  of  the 
northerly  side  of  North  street,  by  the  west  side  of  Pitt-street ;  and  the  westerly  side  of  the 
Avenue  D  begins  at  the  intersection  at  the  northerly  side  of  North-street,  by  the  westerly 
Bide  of  Columbia-street.  Those  passages  which  run  at  right  angles  to  the  Avenues,  are 
termed  Streets,  and  are  numbered  consecutively  from  1  to  155.  The  northerly  side  of  i<io.  1 
begins  at  the  southern  end  of  the  Avenue  B,  and  terminates  on  the  Bowery-Lane;  No.  155 
.  runs  from  Bussing's  Point  to  Hudson's  River,  and  is  the  most  northern  of  those  which  was 
thought  at  all  needful  to  lay  out  as  part  of  the  city  of  New-York,  excepting  the  10th  Ave- 
nue, which  is  continued  to  Haerlem  River,  and  strikes  it  near  King's  Bridge.  These  streets 
nre  all  60  feet  wide,  except  fifteen,  which  are  100  feet  wide,  viz.  No.  14,  23,  34,  42,  57,  72, 
79,  86, 96,  106,  116,  125,  135,  145,  and  155  ;  the  blocks  or  spaces  between  them  being  in  ge- 
neral about  360  feet. 

The  southern  side  of  Third -street  touches  the  north-east  corner  of  the  house  occupied  by 
Mangle  Miathorne,  opposite  the  southerly  side  of  Great  Jones-street ;  and  the  blocks  between 
First  and  Third  streets  are  of  equal  width.  The  northern  side  of  Fifth-street  touches  the 
Boutherly  side  of  Monument  No.  5  ;  and  the  blocks  between  Third  and  Fifth  streets  are  of 
equal  breadth.  The  northerly  side  of  Si.xth-strect  touches  the  southerly  side  of  Monument 
No.  6.  The  northerly  side  of  Seventhstreet  touches  the  southerly  side  of  Monument  No.  7 ; 
and  none  of  the  streets  from  the  First  to  Seventh  inclusive,  extend  beyond  the  Bowery,  near 
the  eastern  side  of  which  the  Monuments  5,  G,  and  7  are  placed.  The  northerly  side  of  Eighth 
Btreet  touches  the  south-western  corner  of  a  house  built  on  the  northerly  side  of  Stuy  vesant 
street,  heretofore  so  called,  and  easterly  side  of  the  Bowery.  The  northerly  side  of  Ninth- 
etreet  touches  the  southerly  side  of  Monument  No.  9.  The  northerly  side  of  Tenth-street 
touches  the  southerly  side  of  Monument  No.  10 ;  and  after  crossing  the  6th  Avenue,  becomes 
the  southerly  side  of  the  same  Tenth-street.  The  northerly  side  of  Eleventh-street  touches 
the  northerly  side  of  Monument  No.  11.  The  three  last  mentioned  Monuments  are  placed 
near  the  easterly  side  of  the  Bowery  Bond ;  and  the  Eighth,  Ninth,  Tenth,  and  Eleventh 
streets  extend  westwardly  to  Greenwich-Lane.  The  southerly  side  of  Sixteenth-street 
touches  the  northerly  side  of  Monument  No.  16,  placed  near  the  western  side  of  the  Bloom- 
ingdale  Road.  The  blocks  between  the  Eleventh  and  Sixteenth  streets  are  of  equal  breadth; 
and  the  Twelfth  and  Thirteenth  streets  extend  westward  to  Hudson's  River;  being  inter- 
rupted, nevertheless,  by  a  north-easterly  angle  of  Greenwich-Lane.  All  the  streets  except 
First  and  Second  streets,  (which  run  into  North-street)  extend  eastwardly  to  the  Sound,  or 
East  River ;  and  all  the  streets  from  Thirteenth  street  northward,  extend  from  river  to  river, 
caving  where  they  are  interrupted  by  public  places  or  squares.  The  southern  side  of  Twen- 
ty-first street  touches  the  northern  side  of  Monument  No.  21,  placed  near  the  western  side 
of  the  Bloomingdale  Road  ;  and  the  blocks  between  Sixteenth  and  Twenty-first  streets  are 
.  of  the  same  width.    The  northern  side  of  Forty-second  street  touches  the  southern  side  of 

Monument  No.  1  and  42,  placed  four-tenths  of  a  foot  eastward  of  the  westerly  side  of  the 
1st  Avenue ;  and  the  blocks  between  the  Twenty-firsl  and  Forty-second  streets  are  of  equal 
%vidth.  The  northern  side  of  the  Seventy  first  street  touches  the  southern  side  of  Monument 
No.  5  and  71,  whose  westerly  side  is  piBced  on  the  easterly  side  of  the  5th  Avenue;  and  the 
blocks  between  the  Forty-second  and  Seventy-first  streets  are  of  the  same  width.  The 
northerly  side  of  Eighty-sixth  street  touches  the  northerly  side  of  Monument  No.  5  and  85, 
whose  westerly  side  is  placed  on  the  easterly  side  of  the  5th  Avenue  ;  and  the  blocks  be- 
tween the  Seventy  -first  and  Eighty-sixth  streets  are  of  the  same  width.  The  northerly  side 
of  Ninety-sixth  street  touches  the  southerly  side  of  Monument  No.  5  and  96,  whose  westerly 
Bide  is  placed  on  the  easterly  side  of  the  5th  Avenue ;  and  the  blocks  between  the. Eighty - 
sixth  and  Ninety-sixth  streets  are  of  the  same  width.  The  northerly  side  of  One  Htmdred 
and  twenty-fifth  street  touches  tne  southerly  side  of  Monument  marked  1  and  M,  v»'hose 
easterly  side  is  fourteenths  of  a  foot  eastward  of  the  western  side  of  the  1st  Avenue  ;  and 
the  blocks  between  the  Ninety-sixth  and  ()ne  Hundred  and  twenty-fifth  streets  are  of  the 
same  width.  The  southerly  side  of  One  Hundred  and  fifty-third  street  touches  the  southern 
side  of  the  tenth  mile-stone,  on  the  King's  Bridge  Road,  at  the  surface  of  the  earth  ;  and  all 
the  blocks  northward  of  the  One  Hundred  and  twenty-fifih  street  are  of  the  same  width. 
All  the  Avenues  extend  southward  to  the  boundary  marked  out  by  the  statute,  except  the 
4th,  which  stops  at  the  Fifteenth-street,  being  there  lost  in  Union  Place.  This  Place  is  an 
Irregular  trapezium,  bounded  (as  appears  on  the  Map5  westwardly  by  the  Bloomingdale 
Road,  southwardly  by  Tenth-street,  easterly  and  northerly  by  the  Bowery  Road,  the  Broad- 
way (which  is  contined  out  to  the  Parade,)  Fifteenth-street,  the  4th  Avenue  and  Sixteenth - 
ftreet.    This  Place  becomes  necessary  from  various  considerations;  its  central  positi'^n  re  - 


MAP  OR  PLAN  OF  NEW- YORK.  457 

quires  nn  opening  for  the  bcn'?fit  of  fresh  air  ;  the  union  of  so  many  large  roads  demands 
epace  for  security  and  convenience,  and  the  morsels  into  which  it  would  be  cut  by  contiiiu  • 
ing  across  it  the  several  Streets  and  Avenues,  would  be  of  little  use  or  value.  There  are 
sundry  small  places  equally  the  cliildren  of  necesaityi  vis:,  one  bounded  northerly  by  Second- 
street,  southerly  by  iSi'onh-street,  and  westeVly  by  the  Avenue  C;  another  bounded  north  by 
First-street,  southerly  by  JVorth-street,  and  westerly  by  the  1st  Avenue;  and  a  third  being 
the  space  south  of  Seventh-street,  and  west  of  the  3d  Avenue. 

The  JUarkct  Place  already  mentioned,  is  bounded  northerly  by  Tenth-street,  southerly  by 
seventh-street,  easterly  by  the  East  River,  and  westerly  by  thu  Ist  Avenue. 

The  Paradr.  is  bounded  northerly  by  Thirty-second  street  and  Thirty-fourth  street,  south-  i 

wardly  by  Twenty-Third  street,  castwardly  by  th<5  3d  Avenue,  from  Twenty-third  to  Thirty- 
second  streets,  and  by  the  Eastern  Post  Road  from  the  Tliirty-sccond  to  Thirty- fourth  sts., 
wcstwardly  by  tli«  7th  Avenue;  being  in  it.-»  g:rQatc5t  length  from  east  to  wcdi  little  more 
than  1350  yards,  and  in  \\s  breadUi  from  north  to  south  not  quite  lOOOi 

Bloomin^dalc  Square  is  bounded  northwardly  by  Fifty  seventh  strert,  southwardly  by 
Fifty-third  street,  eastv^ardly  by  the  8th,  and  westwardly  by  the  9th  Avenue. 

Manhattan  Square  is  bounded  northwardly  by  Eighty-first  Street,  southwardly  by  Seventy- 
Seventh  street,  eastwardly  by  tiic  8th,  and  westwardly  by  the  9th  Avenue. 

Ohscrvatonj  Square,  or  Square  for  Reservoir,  is  bounded  northwardly  by  Xinety-fnurth, 
southwardly  by  Kighty-ninlii  street,  eastwardly  by  the  4lli,  and  westwardly  by  the  6th 
Avtnue. 

ITaerlem  Marsh  is  bounded  northwardly  by  tiie  One  Ilundrrd  and  ninlh  street,  south - 
wafdly  by  the  One  Hundred  and  sixUi  street,  castwardly  by  the  Souod,  and  westwardjy  by 
^hc  5th  Avenue.    •  •  ' 

Finally  ;  Jlacrlem  Square  is  bounded  norlliwardly  by  the  One  Hundred  and  twenty  first 
street,  southwardly  by  the  One  Hundred  and  seventeenth-street,  eastwardly  by  theClh,  and 
westwardly  by  the  "Jth  Avenue. 

The  position  of  all  the  Monuments  will  he  seen  on  the  ?»Iap;  an^  also  the  several  cleva- 
(ions  taken  above  high-water  mark. 

In  witness  whereof,  the  said  Coitimisi.io<iers  have  hercunio  eel  their  bauds  and  seals, 
the  2-2d  day  of  March,  Jdll.* 

»;')VERNEUR  MORRIS. 
SI. ME  ON -DE  WIT^. 
JOHN  RUTnrRFOI"  . 


58 


458  MAP  OR  PLAN  OF  NEW- YORK. 


CHAP.  LIX. 

S«cT,  L  Stuy  vesant-street  declared  a  public  street. 

2.  Certain  rights  of  the  mayor  and  commonalty  saved. 

3.  Parades  reduced. 

4.  Fifth  Avenue  extended. 

5.  Rights  of  the  owners  of  lots  saved. 

^  6.  Assessments  of  fifth  Avenue  and  certain  streets. 

7.  Certain  alterations  made  in  the  map. 

8.  Privileges  of  certain  owners. 

9.  Width  of  certain  avenifes  reduced. 
30.  Union  Place  reduced, 

11.  Broadway  not  to  be  continued  beyond  Tenth  street. 

12.  Block  or  plot  of  ground  extended. 

13.  Alterations  in  Market  place. 

14.  Provisions  in  relation  to  proprietors  and  owners  of  blocks  and  plots. 

15.  Damage  how  estimated  and  assessed. 
16, 17.  Union  Place  altered  and  enlarged. 

18.  Termination  of  fourth  Avenue. 

19,  A  new  street  between  3d  and  4th  Avenues  declared  public. 

AN  ACT  to  alter  the  Map  of  the  City  of  New-York,  by  de- 
claring certain  land  in  the  Eleventh  Ward  of  the  City  of 
NeW'York,  now  called  Stuyvesant-street,  to  be  one  of  the  pub-' 
lie  streets  of  the  said  city. 

Passed  March  9,  1831.  p.  63. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
stuyvesant-st.  1.  §  1.  The  land  commonly  called  Stuy  vesant-street,  in 
the  eleventh  ward  of  the  city  of  Ne^-York,  as  the  same  is 
now  laid  out,  of  the  width  of  sixty-six  feet,  and  running  from 
the  Bowery  road  to  the  Second  avenue,  is  hereby  declared,, 
for  all  legal  purposes,  to  be  one  of  the  public  streets  of  the 
said  city ;  and  as  such  it  shall  hereafter  be  known  by  the 
name  of  Stuyvesant-street,  or  by  such  other  name  as  the 
mayor,  aldermen  and  commonalty  of  the  said  city  may  de- 
termine. 

2.  §  2.  Nothing  in  this  act  contained  shall  affect  or  impair 
-  any  lien  or  claim  which  the  mayor,  aldermen  and  common- 
alty of  the  said  city  may  have  upon  any  part  of  the  said  land^ 
for  taxes  or  assessments. 


MAP  OR  PLAN  OF  NEW- YORK. 


459 


CHAP.  CCLXIX.- 


AN  ACT  making  certain  Alterations  in  the  Map  or  Plan  of 
the  City  of  Neic-Yorh 

Passed  April  25,  1829.  p.  400. 

Tlie  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

3.  §  1.  All  the  residue  of  the  public  square  or  place  de- 
signated in  the  map  or  plan  of  the  commissioners  appointed 
in  and  by  the  act  of  the  legislature,  entitled  "  An  act  relative 
to  improvements  touching  the  laying  out  of  streets  and  roads 
in  the  city  of  New- York,  and  for  other  purposes,"  passed 
April  3d,  1807,  by  the  name  of  Parade,  as  heretofore  altered 
and  reduced  by  the  act  passed  April  15th,  1814,  entitled 
"An  act  to  amend  an  act  entitled  an  act  relative  to  improve- 
ments touching  the  laying  out  of  streets  and  roads  in  the  city 
of  Newr-York,  and  for  other  purposes,  shall  cease  to  be  con- 
sidered as  a  parade,  or  as  otherwise  reserved  for  public  pur- 
poses. 


Parade. 


4.  §  2.  The  avenue  designated  on  the  said  map  or  plan  as 
the  fifth  avenue,  shall  be  continued  northwardly  through  the 
said  land,  so  as  to  meet  and  unite  with  the  same  avenue  at 
Thirty-first-street,  and  the  streets  designated  respectively 
on  the  said  map  or  plan  as  Twenty-fourth,  Twenty-fifth, 
Twenty-sixth,  Twenty-seventh,  Twenty-eighth,  Twenty- 
ninth  and  Thirtieth-streets,  shall  be  extended  westwardly 
from  the  fourth  avenue  through  the  said  land,  and  shall  be 
respectively  continued  in  a  straight  line  to  the  sixth  avenuQ. 


Fifth  avenue 
extend«4. 


5.  §  3.  The  several  and  respective  owners  and  proprie- 
tors of  the  lands  and  tenements  which  shall  be  included  in 
the  blocks  and  plots  of  ground  formed  or  to  be  formed  by 
such  extension  of  the  said  fifth  avenue,  and  of  the  said  seve- 
ral streets  by  this  act  dircctcd^to  be  extended  as  aforesaid, 
shall  have,  hold,  occupy,  possess  and  enjoy  the  same,  in  the 
same  manner  that  they  would  have  been  entitled  to  do  if  the 
said  commissioners  had  laid  out  the  said  avenue  and  streets 
in  the  manner  directed  by  this  act,  and  had  not  designated 
the  said  lands  as  reserved  for  any  parade  or  public  use  or 
purpose. 


Rijshts  of  the 
ownem  of  lots. 


460  MAP  OR  PLAN  OF  NEW- YORK. 

ABsessmenf.  0.  ^  4.  Whencv^;-  the  said  fifth  avenue,  and  the  said  streets 
herein  before  mentioned,  shall  be  opened,  the  damage  and 
benefit  shall  be  estimated,  assessed  and  paid  in  the  same 
rhanner  as  the  same  would  have  been  done  if  the  said  avenue 
and  streets  had  been  laid  out  by  the  said  compiissioners  in 
the  manner  directed  bv  this  -act. 


[Forly'Semnth  Session,   Vol.  6,  c.  7.] 

CHAP.  X. 

AN  ACT  maldng  further  alteration  in  the  Map  or  Plan  of 
the  City  of  New-York. 

Fdjsed  January  22,  1824. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New^-York,  have  by  their  memorial  represented  to  the 
legislature,  that  the  piece  of  land  laid  out  in  said  city  for  a 
public  market  place,  by  the  commissioners  appointed  in  and 
by  an  act  of  the  legislature,  entitled  "  An  act  relative  tcf  im- 
provements, touching  die  laying  out  of  streets  and  roads  in 
the  city  of  New- York,  and  for  other  purposes,"  and  which 
is  designated  in  the  said  map  or  plan  of  the  said  commis- 
sioners, by  the  name  of  "  Market  Place,"  is  not  an  advan- 
tageous or  convenient  position  for  the  purpose  contemplated, 
,,  and  that  the  narrow  pieces  of  land  called  Children  of  Ne- 
ccssisr  abandoii-  cessity,  foHTied  by  the  intersection  of  the  streets  laid  out 
by  the  said  commissioners,  called  First-street  and  Second- 
street,  with  the  street  called  North-street,  and  which  are 
reserved  as  public  places  in  the  said  map  or  plan,  are  of 
no  pubHc  advantage,  and  that  it  would  be  expedient  to  re- 
linquish all  right  to,  and  control  over,  the  said  market  place 
and  narrow  pieces  of  land,  to  the  end  that  the  proprietors 
thereof  may  proceed  in  the  fre6  and  unrestrained  use  and 
improvement  of  the  same,  and  have  accordingly  prayed  that 
the  said  map  or  plan  may  be  altered  accordingly :  And  by 
the  same  memorial  have  also  represented,  that  the  short 
avenues,  laid  out  by  the  said  commissioners,  severally  called 
and  designated  on  said  map  or  plan  by  the  names  of  aveaue 
A,  avenue  B,  avenue.  C,  and  avenue  D,  all  terminating  in 
the  waters  of  the  East  river,  within  a  short  distance  from 
their  commencement,  are  of  unnecessary  breadth ;  and  have 


Children  of  w- 


MAP  OR  PLAN  OF  NEW- YORK.      .  461 

prayed  that  the  same  may  be  reduced  as  hereinafter  specifi- 
ed. And  whereas  the  prayer  of  said  memorial  appears  to  be 
reasonable,  and  in  conformity  with  the  wishes  of  the  pro- 
prietors of  the  land  so  appropriated,  as  expressed  by  their 
petitions  to  the  said  mayor,  aldermen  and  commonalty  : 

7.  §  I.  Be  it  therefore  enacted  by  tlie  People  of  the  State  0/ tiSi  ma"de  InThe 
New-York,  represented  in  Senate  and  Assembly,  That  all  the  "^"^'" 
residue  of  the  public  square,  or  place  designated  in  the  map 
or  plan  of  the  said  commissioners,  by  the  name  of  Market 
Place,  as  heretofore  altered  and  reduced  by  the  act,  entitled 
*^  An  act  making  certain  alterations  in  the  map  or  plan  of  the  ^ 
city  of  New- York,''  shall  cease  to  be  considered  as  a  market 
place,  or  as  otherwise  reserved  for  public  purposes  ;  and  that 
the  said  avenue  D,  shall  be- extended  and  continued  north- 
wardly from  Sevetith- street  so  as  to  meet  and  unite  with  the 
same  avenue  at  Tenth-street,  and  the  streets  designated  on 
the  said  map  or  plan  by  the  names  of  Seventh-street,  Eighth- 
street,  Ninth-street  and  Tentli-street,  shall  be  respectively 
extended  and  continued  in  a  straight  line  castwardly  from 
the  said  avenue  C,  through  the  land  intended  for  the  said 
market  place  to  the  East  river,  and  that  the  piece  of  land 
lying  between  the  avenue,  designated  on  the  said  map  or 
plan  by  the  name  of  the  First  avenue,  and  the  said  avenue 
A,  and'  between  First-street  (to  be  continued  as^  hereinafter 
directed,)  and  North-street,  and  also  the  piece  of  land  lying 
between  the  said  avenue  C  and  the  said  avenue  D,  and  be- 
tween Second-street  (to  be  continued  as  hereinafter  direct- 
ed,) and  North-street,  shall  cease  to  be  considered  as  public 
places,  or  as  reserved  for  public  purposes,  and  that  the  said 
street  called  First-street,  shall  be  extended  and  continued  in 
a  straight  lii*  eastwardly  from  the  First  avenue  to  the  said 
avenue  A,  and  that  the  said  street,  Called* Second-street, 
shall  be  extended  and  continued  in  a  straight. line  eastwardly 
from  the  said  avenue  C  to  the  said  avenue  D. 


tain  owntrs. 


8.  §  H.  And  be  it  farther  enacted.  That  the  several  and  re-  PnviioKosof  car- 
spcctive  owners  and  proprietors  of  the  lands  and  tenements 
which  shall  be  included  in  the  blocks  or  plots  of  ground, 
formed  or  to  be  formed  by  such  extension  of  the  said  avenue 
D,  and  of  the  said  sevcralstrcets,  by  this  act  directed  to 'be 
extended  as  ^foresaid,  shall  have,  hdld,  occupy,  p6ssesS  and 
enjoy  the  same,  in  the  same  manner  as  they  would  have  been 


462  MAP  OR  PLAN  OF  NEW- YORK. 

entitled  to  do,  if  the  said  commissioners  had  laid  out  the  said 
avenue  and  streets  in  the  same  manner  directed  by  this  act, 
and  had  not  designated  the  said  lands  as  reserved  for  any 
public  use  or  service. 

i^lnu^sredS  ^'  ^  '^^^'  ^^^^  ^^  ^^  further  enacted,  That  the  width  of  the 
said  avenue  A  shall  be  reduced  to  eighty  feet,  by  taking  off' 
twenty  feet  from  the  easterly  side  of  the  same,  and  that  the 
width  of  the  said  avenues  B,  C,  and  D,  shall  be  each  redu^ 
ced  to  sixty  feet,  by.  taking  off  forty  feet  from  the  easterly 
sides  of  the  same  respectively ;  and  that  the  respective 
owners  and  proprietors  of  the  lands  on  the  easterly  sides  of, 
and  next  contiguous  to  the  said  several  avenues,  as  now  laid 
out  on  the  said  map  or  plan,  shall  have,  hold,  possess  and 
enjoy  the  lands  so  to  be  taken  off  from  the  said  several 
avenues,  in  the  same  manner  as  they  now  hold,  possess  and 
enjoy  such  contiguous  lands. 


rreamble. 


[Thirty-Eight  Session, —  Vol  3,  c.  152.] 
CHAP.  CLI. 

AN  ACT  maldng  certain  alterations  in  the  Map  or  *  Plan  of 
the  City  of  New-YorL 

Passed  April  11,  1815. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York  have,  by  their  memorial,  represented  to 
the  legislature,  that  the  expense  of  opening  the  public  place 
laid  out  in  the  said  city,  by  the  commissioners  appointed  in 
and  by  an  act  of  the  legislatiu'e,  entitled  "  An  act  relative  to 
improvements  touching  the  laying  out  of  streets  and  roads 
in  the  city  of  New- York,  and  for  other  purposes,"  called 
Union  Place,  will"  be  extravagantly  great,  and  much  beyond 
the  advantage  which  would  arise  from  opening  the  same, 
and  have  accordingly  prayed  that  the  same  may  be  discon- 
tinued, as  hereinafter  specified,  and  that  the  Broadway  may 
not  be  carried  further  northwardly  than  Tenth-slreet,  and 
have  further  represented  that  the  public  place  laid  out 
by  the  said  commissioners,  called  Market  place,  is  larger 
than  is  necessary,  and  have  prayed  that  the  same  may  be 
reduced  as  hereinafter  also  is  specified :  And  whereas  the 


MAP  OR  PLAN  OF  NEW- YORK.  463 

prayer  of  the  said  memorial  appeaif  proper  to  be  granted : 
Therefore, 

10.  §  I.  Be  it  enacted  by  the  people  of  the  State  ofNzw-York,  ^"X^eT^* 
represented  in  Senate  a:nd  Assembly^  That  the  public  square  or 

place  designated  by  the  said  map  or  plan,  made  and  published 
by  the  aforesaid  commissioners,  called  Union  Place,  shall 
be  altered  in  the  manner  following ;  that  is  to  say :  The 
Broadway  shall  not  be  extended  or  continued  over  or  across  the 
same  ;  the  fourth  avenue  shall  be  extended  southwardly  from 
Sixteenth  street,  and  continued  in  a  straight  line  to  Bloom- 
ingdale  road,  and  the  streets  designated  on  the  said  map  or  * 
plan,  as  Eleventh-street,  Twelfth-street,  Thirteenth-street, 
Fourteenth-street,  and  Fifteenth-street,  shall  be  extended 
eastwardly  from  the  Bloomingdale  road  through  the  said 
land  which  by  the  said  plan  was  intended  to  form  a  part  of 
the  said  Union  Place,  and  shall  be  respectively  continued  in 
a  straight  line  so  as  to  meet  and  unite  with  the  said  Eleventh- 
street,  Twelfth-street,  Thirteenth-street,  Fourteenth-street, 
and  Fifteenth-street,  respectively,  at  the  Boweiy ;  and  all  that 
certain  part  of  the  said  place,  designated  on  the  said  map  or 
plan  by  the  name  of  Union  Place,  which  is  .bounded  north- 
westwardly and  westwardly  by  the  said  fourth  avenue  so 
continued  as  aforesaid,  and  by  the  Bloomingdale  road,  east- 
wardly by  the  Bowery,  and  southwardly  by  the  Tenth-street, 
shall  cease  to  be  or  be  deemed  to  be .  a  public  square  or 
place. 

11.  §  II.  And  he  it  further  enacted  by  the  authoritii  aforesaid,  Broadway  not  to 

rriL  1        T-»  1  1      n  1  '  be  continued  be- 

Inat  the  Broadway  shall  not  be  contmued  northwardly  from  yond  Tcnth-«t, 
the  Tenth-street  to  the  Twenty-third-street,  as  is  contem- 
plated by  the  said  commissioners  and  designated  on  the  said 
rnap  or  plan,  but  that  on  the  contrary  the  said  Broadway  shall 
stop  on  the  northerly  side  of  the  said  Tenth-street,  and  all  • 
and  singular  ^the  land  over  which  the  Broadway  would  have   '       * 
run,  and  whi6h  would  have  formed  that  street  from  Tenth- 
street  to  the  Twenty-Third-Street,  except  the  part  of  the  said 
land  required  for  Eleventh-street,  Twelfth-street,  Thirteenth- 
street,  the  Bowery,  Fourteenth-stree.t,  Fifteenth-street,  Six- 
teenth-street,  Seventeenth-street,   Eighteenth-street,   Nine- 
teenth-street,    Twentieth-street,    Twenty-first-street,     and 
Twenty-second-street,  respectively,  shall  become  part  of  the 


464  MAP  OR  PLAN  OF  NEW- YORK. 

blocks  or  plots  of  grounc^  through  which  the  said  Broadway 
would  have  run  accordftg  to  the  said  plan. 

gfo^dStSeS^  12.  §  III.  A7id  be  it  further  enacted  hj  the  authority  afore- 
said, That  the  block  or  spot  of  ground  which  is  on  the  said 
map  or  plan  bounded  southw^ardly  by  Thirteenth-street 
aforesaid  eastwardly  by  the  third  avenue,  and  northwardly 
by  Fourteenth-street  aforesaid,  shall  extend  to  aud  be  bounded 
westwardly  by  the  Bowery ;  and  that  the  block  or  plot  of 
ground  which  is  on  the  said  map  or  plan  bounded  south- 
wardly by  Fourteenth-street  aforesaid,  eastwardly  by  the 
third  avenue,  and  northwardly  by  Fifteenth-street  aforesaid, 
shall  extend  to  and  be  bounded  westw^ardly  by  the  Bowery 
and  the  fourth  avenue,  and  that  the  streets  designated  on  the 
said  map  or  plan  as  Fourteenth-street,  shall  be  extended 
westwardly  from  the  eastwardly  side  of  the  Broadway  as 
now  designated  on  the  said  map,  to  the  Bowery;  and  the' 
street  designated  on  the  said  map  or  plan  as  Fifteenth-street, 
shall  be  extended  westw^ardly  from  the  easterly  side  of  the 
Broadway  to  the  said  Bowery. 

*Aiterat?in3^'  ^^'^  ^^ '  ^^^  ^^  it  father  enacted  by  the  authority  afore- 
said, That  the  public  square  or  ^lace  designated  in  the  said 
map  or  plan,  by  the  name  of  the  Market  Place,  shall  be  re- 
duced and  altered  in  the  manner  following,  that  is  to  say  : 
the  avenues  designated  on  the  said  map  or  pla^i  by  the  names 
of  avenue  A,  avenue  B,  and  avenue  C,  shall  be  extended  and 
continued  northwardly  from  Seventh-street  through  the  said 
land  which  by  the  said  plan  was  intended  to  form  a  part  of 
the  said  Market  Place,  so  as  to  ineet  and  unite  with  the  said 
avenue  A,  avenue  B,  and  avenue  G,  respectively,  at  Tenth- 
street  ;  and  the  streets  desigliated  on  the  sa-id  map  or  plan, 
,  by  the  names  of  Seventh-street,  Eighth-street,  Ninthrstreet, 
*  and  Tenth-street,  shall  be  extended  eastwardly  from  the 
avenues  de«ignated  on  tlie  said  map  or  plan  b/  the  name  of 
first  avenue,  through  the  said  land  whicii  by  the  said  plan 
was  intended  to  form  part  of  the  said  Market  Place,  and  shall 
be  respectively  continued  in  a  straight  line  to  the  said  avenue 
C,  so  as  aforesaid  so  extended  and  continued. 

Owners  and  pro- 
prietors included 

in  tiie  blocks  and      14.  §  V.  And  he  it  further  enacted  by  the  authority  aforesauL 

Slots  of  ground  to  '  -'  -^  •  r 

e  formed  by  the  That  the  scvcral  and  respective  owners  and  proprietors  of 

txteiiBion.  >■  ^       -^ 


MAP  OR  PL^N  OF  NEW- YORK.  46ft 

the  lands  and  tenements  which  shall  be  included  in  the  blocks 
or  plots  of  ground  formed  or  to  be  formed  by  the  extension 
of  the  several  streets  and  avenues  which  by  this  act  are  di- 
rected to  be  extended  as  aforesaid,  and  the  several  and  re-  pToprreTo"rsfront? 
spective  owners  and  proprietors  of  the  lands  and  tenements  lU^bJ  u^nUeTand 
fronting  on  the  Bowery,  and  which  by  the  third  section  of  SJ^wocks  tw 
this  act  are  directed  to  be  united  and  connected  with  the  '"  '»^'^"o°ed. 
blocks  or  plots  of  around  therein  mentioned  ;  and  the  seve-     over  which 

,  ,  .  .  /Ill  Broadway  would 

ral  and  respective  owners  and  proprietors  oi  the  lands  over  have  run,  Khaii 
which  the  said  Broadway  would  have  run,  and  which  would 
have  formed  that  street  from  Tenth-street  to  Twenty  third- 
street,  according  to  the  map  or  plan  of  the  said  commission- 
ers, except  as  is  excepted  in  the  second  section  of  this  act, 
shall  have,  hold,  occupy,  possess  and  improve  the  same  in 
the  same  manner  that  they  would  have  been  entitled  to  do,  if 
the  said  commissioners  had  not  included  such  lands  and  tene- 
ments in  the  said  Market  Place,  Union  Place  and  Broadway, 
but  had  laid  out  the  said  Market  Place  and  the  lands  in  the 
vicinity  of  the  said  Union  Place,  in  the  manner  designated 
by  this  act. 

15.  §  VI.  And  be  it  further  enacted  by  the  authority  aforesaid,  ^dasHlu^Zt 
That  the  public  square  or  place  called  Market  Place,  and 
the  streets  and  avenues  which  are  in  and  by  this  act  direct- 
ed to  be  extended  and  continued,  shall  be  opened,  and  the 
damage  and  benefit  estimated,  assessed  and  paid  in  the  same 
manner  as  the  same  would  have  been  done  if  the  said  square 
or  place,  and  the  streets  and  avenues  had  been  laid  out  by 
the  said  commissioners  in  the  manner  directed  by  this  act. 


CHAP.  CCLII. 

AN  ACT  authorizing  certain  Lands  and  Premises  in  the 
City  of  New-York  to  be  opened  as  a  Public  Place,  called 
Union  Place,  and  for  other  purposes. 

Passed  April  23, 1831.  p.  306. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

16.  §  1.  All  the  lands  in  the  city  of  New- York  lying  between 
the  Bowery  road,  the  Bloomingdale  road  and  Fifteenth-street; 

59 


466  MAP  OR  PLAN  OF  NEW- YORK. 

also  lying  between  Fourteenth-street,  Fifteenth-street,  the 
Bowery  road  and  the  Bloomingdale  road ;  also  those  parts  of 
the  Fourth  avenue,  as  the  same  is  laid  out  by  the  act  entitled 
"  An  act  making  certain  alterations  in  the  map  or  plan  of  the 
city  of  New- York,"  passed  April  11,  1815,  which  lie  south- 
westerly of  Fourteenth-street  and  Thirteenth-street,  and 
easterly  of  the  Bloomingdale  road  ;  and  also  all  the  land  ly- 
ing between  the  northwesterly  line  or  side  of  the  Fourth 
avenue  and  the  Bloomingdale  road,  shall  be  deemed  to  be 
parts  of  a  pubUc  place,  called  Union  Place,  for  the  purpose 
of  being  opened  as  such  public  place  according  to  law,  the 
provisions  of  any  existing  law  or  laws,  or  the  pendency  of 
any  proceeding  or  proceedings  for  opening  any  street  or 
avenue  to  the  contrary  notwithstanding. 

§  2.  All  laws  and  parts  of  laws  now  in  force  relative  to  the 
opening  or  improving  of  streets  in  the  city  of  New-York, 
shall  apply  to  Stuyvesant-street,  in  the  eleventh  ward  of  the 
said  city,  in  like  xnanner  as  if  the  said  street  had  been  laid 
out  by  the  commissioners  of  streets  and  roads  in  the  city  of 
New-York,  under  and  by  virtue  of  the  act  entitled  "  An  act 
relative  to  improvements  touching  the  laying  out  of  streets 
and  roads  in  the  city  of  New- York,  and  for  other  purposes," 
passed  April  3, 1807. 


CHAP.  LXXXIX. 

AN  ACT  to  make  certain  alterations  in  the  Map  or  Plan  of 
the  City  of  New-York. 

Passed  April  5,  1832.  p.  153. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly  J  do  enact  as  follows : 
UnionPiace.  17.  §  1.  The  public  place  known  in  the  map  or  plan  of  the 
city  of  New- York,  as  Union  Place,  shall  be  altered  and  en- 
larged, so  as  to  include  within  its  boundaries  all  the  lands 
and  premises  lying  within  the  following  lines,  that  is  to  say  : 
beginning  at  the  point  where  the  easterly  line  of  the  Fourth 
Avenue,  as  the  same  is  now  laid  down  on  the  map  or  plan  of 
the  said  city,  intersects  the  southerly  line  of  Fourteenth-street, 


MAP  OR  PLAN  OF  NEW- YORK.  467 

and  running  ihence  northerly  along  the  easterly  line  of  the 
said  Fourth  Avenue,  to  the  northerly  line  of  Seventeenth- 
street  ;  thence  v^^esterly  along  the  said  northerly  line  of  Seven- 
teenth-street to  the  westerly  side  of  the  Bloomingdale  road ; 
thence  southerly  on  a  Hne  running  parallel  with  the  easterly 
line  of  the  Fourth  Avenue,  to  the  southerly  line  of  Fourteenth- 
street  ;  and  thence  easterly  along  the  southerly  line  of  Four- 
teenth-street to  the  place  of  beginning,  and  no  other  lands  or 
premises  except  those  lying  within  the  said  boundaries  shall 
hereafter  be  deemed  as  being  part  or  parts  of  Union  Place, 
in  the  said  city,  the  provisions  of  any  existing  law  or  laws, 
or  the  pendency  of  any  proceeding  or  proceedings  for  open- 
ing any  street,  avenue  or  public  place  in  the  said  city,  to  the 
contrary  notwithstanding. 

18.  §  2.  The  said  Fourth  Avenue  shall  terminate  at  the  fourth  Avenue, 
northerly  line  of  Seventeenth-street,  and  shall  not  be  continu- 
ed southerly  of  Union  Place,  as  the  same  is  above  altered 
and  described. 


CHAP.  CI. 

AN  ACT  to  alter  the  Map  of  the  City  of  New-York,  by  lay- 
ing out  thereon  a  new  Street,  in  the  Twelfth  Ward  of  the 
said  City, 

Passed  April  10, 1832,  p.  165. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

19.  §  1.  All  that  piece  or  parcel  of  land  being  seventy- five 
feet  wide,  lying  in  the  twelfth  ward  of  the  city  of  New- 
York,  and  running  between  and  parallel  to  the  Third  and 
Fourth  avenues  from  the  northerly  line  of  Fourteenth-street 
to  the  northerly  line  of  Thirtieth-street,  (the  easterly  line  or 
side  of  the  said  piece  of  land  being  four  hundred  and  twenty 
feet  distant  westerly  from  the  westerly  line  of  the  said  Third 
avenue,  and  the  westerly  side  thereof  being  four  hundred  and 
twenty-five  feet  distant  easterly  from  the  easterly  line  of  the 
said  Fourth  avenue,)  is  hereby  declared,  for  all  legal  pur- 
poses, to  be  one  of  the  streets  of  the  said  city,  in  like  man- 
ner as  if  the  same  had  been  laid  out  by  the  commissioners 
appointed  in  and  by  the  act  of  the  legislature,  entitled  "An 


468  '  MARKETS.— MARINE  COURT. 

act  relative  to  improvements  touching  the  laying  out  of 
streets  and  roads  in  the  city  of  New- York,  and  for  other  pur- 
poses," passed  April  3d,  1807.* 


[Forty-Fiflh  Session.] 

MARKETS. 

CHAP.  CI. 

-  J.  Public  Markets  may  be  erected  over  the  waters  of  East  and  North  Rivers, 

AN  ACT  authorizing   the  erection  of  Public    Markets  in 
front  of  Public    Wharves y  in  the  City  of  New-Yoi^k. 

Passed  March  22,  1822. 

Public  mark^ets  ^  I.  Be  it  enacted  by  the  People  of  the  state  of  New -York,  re- 
presented in  Senate  and  Assembly,  That  it  shall  be  lawful  for 
the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  in  case  they  shall  find  it  necessary,  to  cause  public 
markets  to  be  erected  and  kept  over  the  waters  of  the  East 
and  North  rivers  adjoining  to  any  of  their  docks  or  wharves 
Proviso.  in  the  city  of  New- York :  Provided,  That  such  markets 
shall  'not  interfere  with  the  flow  of  the  waters  of  the  said 
rivers,  nor  be  built  over  the  same  so  as  to  occupy  a  distance 
exceeding  one  hundred  feet  from  the  lines  of  the  city,  as  es- 
tablished by  law  on  said  rivers. 


MARINE  COURT. 

Vide    PUBLIC    OFFICERS. 

[Revised  Statutes,  Vol.  2,  p.  224.] 

§  1.  The  justices  of  the  marine  court  of  the  city  of  New- 
York,  are  authorized  and  required  to  hold  a  court  in  the  said 
city  to  be  known  by  the  name  of  "  The  Marine  Court  of  the 
city  of  New-York."(l) 

§  5.  The  several  courts  enumerated  in  this  Title,  shall  re- 
spectively possess  the  jurisdiction  and  powers,  be  held  at 
the  times  and  places,  and  proceed  in  the  manner  specially 
provided  bylaw. — {Const.  Article  4,  §  14.) 

*  See  the  act  passed  March  29, 1816,  in  relation  to  the  erection  of  Fulton  Market,  and  the 
act  of  March  14, 1817.  These  acts  are  of  considerable  length,  and  most  of  the  sections  have 
spent  their  force  upon  the  subjects  legislated  upon,  or  have  become  obsolete.  It  was  deemed 
unnecessary  to  insert  them. 

(1)  2  R.  L.  p.  381,  sect.  106. 


MARINE  COURT— TRIAL  by  jury  in.  469 

MARINE  COURT, 

TRIAL  BY  JURY  IN. 

1.  When  trial  by  jury  may  be  demanded,  and  the  jurors  how  drawn.  •■•  -^ 

2.  Sections  129  and  130  in  act  to  amend,  &;c.  repealed. 

3.  Part  of  section  106  in  act  to  amend,  &c.  repealed. 

4.  Section  101  in  act  to  reduce,  &c.  repealed. 

AN  ACT  further  to  amend  an  Act,  entitled  "  An  Act  to  reduce 
several  Laws,  relating  particularly  to  the  City  of  New-York, 
into  one  Act"  as  far  as  relates  to  the  Marine  Court  of  the 
City  of  New-York. 

Passed  April  12.  1822. 

1.  §  1.  Beit  enacted  buthe  People  of  the  State  of  New-York,  .when  trial  by 

'  J  J.         J  .-'  ■        jury  may  be  d«- 

1'epresented  in  Senate  and  Assemhly,  That  in  every  action  sanded, 
brought  and  now  pending,  or  hereafter  to  he  brought  in  the 
said  marine  court,  before  the  justices  thereof,  it  shall  be  law- 
ful for  either  of  the  parties  to  the  suit,  or  the  attorney  of 
either  of  them,  after  issue  joined  therein,  and  before  an  order 
has  been  made  for  an  adjournment  after  joining  such  issue, 
and  before  the  court  shall  proceed  to  inquire  into  the  merits 
of  the  cause,  to  demand  of  the  said  court  that  such  action  shall 
be  tried  by  a  jury  ;  and  it  shall  be  the  duty  of  the  clerk  of  Duty  of  the  cicrk 
the  said  court  to  procure,  as 'often  as  occasion  shall  require, 
lists  of  the  names  of  such  persons  residing  in  the  several 
wards,  of  the  city  of  New- York,  (the  ninth  ward  excepted,) 
as  are  qualified  to  serve  as  jurors,  in  the  court  of  common 
pleas,  for  the  city  and  county  of  New- York,  and  the  names 
of  the  persons  so  qualified,  residing  in  the  first  ward  of  the 
said  city,  shall  be  written  on  separate  slips  of  paper,  and  put 
into  a  box  under  the  direction  of  the  said  clerk,  and  the  said 
clerk  shall,  once  in  every  week,  draw  from  the  said  box  the  jurors,  how 
names  of  as  many  persons,  not  fewer  than  twenty,  nor  more  "^^^"' 
than  forty,  as  the  said  court  shall  order  and  direct ;  and  the 
names  of  the  persons  so  drawn,  shall  be  written  on  a  panel, 
and  directed  and  delivered  to  the  proper  officer,  to  be  by  him 
executed ;  and  the  persons  named  in  the  said  panel,  shall  be 
summoned  by  the  said  ofiicer  to  appear  before  the  said  court, 
on  the  Monday  next  after  such  delivery,  and  on  the  return 
thereof,  the  said  clerk  shall  cause  the  names  of  the  persons  so 
qualified  to  be  written  on  several  and  distinct  pieces  of  paper, 
as  nearly  alike  and  of  one  size  as  may  be,  and  rolled  up,  sepa- 


470 


MARINE  COURT— TRIAL  by  jury  in. 


•  rately,   as  nearly  as  may  be,  in  the  same  manner,  and  put 

together  in  a  box  or  some  convenient  thing,  and  delivered  to 
the  said  court ;  and  the  persons  so  empannelled  shall  be 
bound,  and  they  are  by  this  act  required  to  attend  and  serve 
as  jurors  in  the  said  court,  to  try  the  several  issues  which 
shall  be  given  them  in  charge,  on  the  day  of  the  return  of  the 
said  panel,  and  on  such  other  days,  until,  and  including  the 
Saturday  next  thereafter,  as  the  said  court  shall,  from  time 
to  time,  require  or  order  them  to  attend  ;  and  the  venires  to 
be  issued  in  causes  in  which  issue  shall  be  joined  after  the 
return  of  the  said  panel,  and  during  the  time  which  the  said 
jurors  are  required  to  attend  and  serve  as  aforesaid,  as  well 
as  the  issues  joined  before  the  return  thereof,  shall  be  annex- 
ed to  the  said  panel  at  such  times  as  occasion  shall  require ; 
and  on  the  trial  of  each  of  the  said  issues,  the  said  court,  or 
such  indifferent  persons  as  the  said  court  shall  appoint  for 
that  purpose,  shall  draw  out  twelve  of  the  said  pieces  of  pa- 
per, one  after  another,  and  if  any  of  the  persons  whose  names 
shall  be  so  drawn,  shall  not  appear,  or  shall  be  challenged 
and  set  aside,  then  such  further  number  of  the  said  jurors  shall 
be  drawn,  as  shall  make  up  the  number  of  twelve,  who  do 
appear,  after  all  legal  causes  of  challenge  allowed;  and  the 
said  twelve  shall  be  the  jury  to  try  the  issue ;  and  after  all 
the  names  of  the  said  persons 'residing  in  the  first  ward  of 
the  said  city  shall  be  drawn  out  of  the  box  first  above  men- 
tioned, and  the  names  of  the  persons  qualified  as  aforesaid, 
and  who  shall  or  may  reside  in  the  second  ward  of  the  said 
city,  shall  in  like  manner  be  put  in  and  drawn  out  of  the  said 
box  first  above  mentioned,  and  then  those  of  the  third  ward, 
and  so  on  for  the  different  wards  of  the  said  city  until  the 
names  of  all  the  persons  mentioned  in  the  aforesaid  lists,  shall 
be  drawn,  commencing  again  with  the  first  ward. 

Sec  129  &  130       2.  §  2.  And  he  it  further  enacted,  By  the  authority  afore- 
repeaied.      ^^^^  ^^^^^  ^^^  ^^^  hundred  and  twenty-ninth,  and  one  hundred 
and  thirtieth  sections  of  the  act  hereby  amended  be  and  the 
same  is  hereby  repealed. 


Part  of  sec  106 
repealed. 


3.  §  3.  And  he  it  further  enacted,  That  so  much  of  the  last 
provision  of  the  one  hundred  and  sixth  section  of  the  said  act 
hereby  amended,  as  relates  to  matters  of  account  where  the 
sum  total  of  the  accounts  of  both  parties,  exceeds  in  amount 


MARINE  COURT— PRocEJtJDiNGs  IX.  471 

and  value  thereof,  the  sum  of  two  hundred  dollars,  and  so  far 
as  it  relates  to  executors  and  administrators,  be  and  it  is  here- 
by repealed. 

4.  §  4.  And  be  it  further  enacted,  That  the  one  hundred  see  loi  repealed 
and  first  section  of  "  An  act  to  reduce  the  several  laws  re- 
lating particularly  to  the  city  of  New- York,  into  one  act," 
passed  April  9,  one  thousand  eight  hundred  and  thirteen,  be 
and  the  same  is  hereby  repealed. 


["An  act  to  prevent  abuses  in  proceedings  before  justices 
of  the  peace',*^  passed  April  7th,  1820,  vol.  5,  B.  p.  140, 
whilst  in  force,  applied  to  this  court  as  well  as  to  assistant 
justices  and  justices  of  the  peace  throughout  the  state,  but 
the  statute  is  repealed.  See  3  R.  S.  p.  142,  No.  301  ;  the 
same  provisions  in  substance  are  re-enacted  in  the  Revised 
Statutes  as  to  justices  of  the  peace  in  other  parts  of  the 
state,  but  do  not  apply  to  this  city.  The  revisers  could  not 
have  supposed  that  the  act  referred  to  applied  to  this  city  as 
well  as  to  many  other  courts  in  the  different  cities,  towns, 
villages,  (Sec]  * 


MARINE  COURT, 

JURISDICTION  OF,  EXTENDED. 

J.  One  justice  authorized  to  hold  a  court  in  New  York. 

2.  A  certain  act  not  to  apply  to  New-York,  and  powers  of  assistant  justices. 

3.  Suits  may  be  brought  in  a  town,  city,  &c.  next  adjoining. 

4.  Warrant  when  to  issue  in  certain  cases. 

5.  Commencement  of  suit. 

CHAP.  CCLXV. 


AN  ACT  modifying  the  act,  entitled  "An  act  to  extend  the 
Jurisdiction  of  Justices  of  the  Peace,  as  it  respects  the  City 
of  New-York,  and  for  other  purposes." 

Passed  April  21,  1818. 

I.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,    one  juetice  au- 
represented  in  Senate  and  Assembly,  That  it  shall  and  may  be  SJ'c^ourunN.  y"' 


472  .  MARINE  COURT— jurisdictiox\  of,  extended. 

lawful  for  any  one  of  the  justices  of  the  justices'  court  in 
and  for  the  city  and  county  of  Ndlw- York,  to  hold  the  justices' 
court  of  the  city  of  New- York,  and  shall  have  power  to  hear, 
try  and  determine  all  causes,  and  to  make  all  rules  and  orders 
in  any  cause  in  the  said  court  in  the  same  manner  as  if  two 
of  the  said  justices  were  present. 

A  certain  act  not      2.  §  II.  And  he  it  further  enacted,  That  nothing  contained 

to  apply  in  N.  Y.  .        ,  •  i      i  i     i        •       •     t      •  r    • 

and  powers  of  as-  m  the  act,  entitled  "  an  act  to  extend  the  jurisdiction  oi  lus- 

sistant  justices.        .  ^     ,  m      i     n     •  rr  i        •        •         * 

tices  01  the  peace,  shall  in  any  way  atiect  the  justices 
court  in  and  for  the  city  of  New- York:  And  further,  that 
the  assistant  justices  in  the  city  of  New-York  shall  have 
the  like  jurisdiction  and  powers,  and  receive  the  like  fees  as 
justices  of  the  peace. (1) 


Suits  maybe  3.  §  IV.  And  he  it  further  enacted,  That  all  actions  brought 
Tc.  'adfoini^g'  bcforc  anyjusticcs  of  the  peace  by  virtue  of  the  act,  entitled 
^side^.  ^""^^  "  an  act  to  extend  the  jurisdiction  of  justices  of  the  peace," 
and  the  act,  entitled  "  an  act  for  the  recovery  of  debts  to  the 
value  of  twenty-five  dollars,  may  be  brought  in  any  town, 
village  or  city  next  adjoining,  as  well  as  that  in  which  the 
plaintiff  or  defendants  shall  reside.  (2) 


CHAP.  CCLXIX. 

AN  ACT  relative  to  the  Issuing  of  Process. 

Passed  April  21,  \S\8. 

Whereas  an  evil  has  grown  out  of  the  law  making  the 
issuing  of  process  in  all  cases  the  commencement  of  the  suit^ 
as  it  affords  an  opportunity  for  designing  men  to  escape  from 
the  operations  of  justice  under  cover  of  the  law  :  Therefore, 
^sSceTtS  4.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  in  all  cases  where 
a  summons  shall  be  issued,  if  the  defendant  shall  prove  to 
the  satisfaction  of  any  justice  of  the  peace,  that  he  has  a 
demand  against  the  plaintiff,  and  that  he  is  about  to  depart 
from  the  county,  it  shall  be  the  duty  of  the  said  justice  to 
issue  a  warrant  directed  to  any  constable  of  the  county, 

(1)  The  3d  section  does  not  apply,  and  is  not  in  force. 

(2)  This  section  may  also  be  considered  as  uo  longer  in  force  in  this  city,  (or  elsewhere,) 
the  acts  therein  referred  to  being  repealed  by  the  Revised  Statutes. 


Preamble. 


to  issue  m  certain 
cases 


MARINE  COURT — ^jurisdiction  or,  extended,  473 

commanding  him  to  apprehend  the  said  plaintiff  and  bring 
him  forthwith  before  him  for  trial ;  and  said  justice  shall 
proceed  to  hear,  try  and  determine  such  cause  as  if  no  such 
summons  had  been  issued. 


§2.  And  be  it  further  enacted,  That  in  all  cases  where  ^'^ir"'**"*" 
a  warrant  shall  be  issued,  the  suit  shall  not  be  considered  as 
commenced  until  the  actual  service  of  such  warrant.* 


CHAP.  CCXLIX. 

AN  ACT  to  amend  an  act,  entitled  "  An  act  to  reduce  several 
laws  relating  paHicularly  to  the  City  of  Neic-York,  into 
one  act," 

Passed  Aprill  5,  1817. 

5.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  re-  JuriFciiciion  or 
presented  in  Senate  and  Assembly,  That  the  justices'  court  of  unded  to»ioo. 
the  city  of  New- York,  shall  have  jurisdiction  to  hear,  try 
and  determine  all  actions  of  debt,  detinue,  account^  covenant, 
trespass  on  the  case,  and  trespass,  including  trespass  on  any 
land  or  other  real  estate,  wherein  the  sum  or  balance  due  or 
thing  demanded,  shall  exceed  twenty-five  dollars,  and  not 
exceed  one  hundred  dollars :  And  also,  all  actions  and  infor- 
mations upon  any  statute  of  this  state,  and  upon  the  charter 
or  any  by-laws  of  the  corporation  of  the  said  city,  where 
the  penalty  or  forfeiture  shall  exceed  twenty-five  dollars, 
and  not  exceed  one  hundred  dollars ;  any  thing  in  the  one 
hundred  and  sixth  section  of  the  act  hereby  amended  to  the 
contrary  notwithstanding:  Provided  nevertheless,  that  nothing 
herein  contained  shall  be  construed  to  repeal  or  abolish 
any  of  the  restrictions  or  limitations  of  the  jurisdiction  of 
the  said  justices*  court  prescribed  by  the  proviso  of  the  said 
one  hundred  and  sixth  section  of  the  act  hereby  amended. 


Neither  of  the  above  acts  are  repealed,  nor  in  the  lists  of  act*  not  revi^icd. 


GO 


474  MARINE  COURT — proceedings  against  ships,  &c. 

MARINE  COURT, 

PROCEEDINGS  AGAINST  SHIPS  AND  VESSELS  IN, 

1.  Act  authorizing  the  arrest  of  ships  and  vessels  extended. 

2.  Justices'  Court  to  take  cognizance. 

CHAP.  LX. 

AN  ACT  to  amend  an  act,  entitled  *'  An  act  authorizing 
the  arrest  of  Ships  or  Vessels  for  Debt  contracted  by  the 
Master,  Owner  or  Consignee,  for  and  on  acccount  of  such 
Ships  or  Vessels  in  this  State"  passed  August  10,  1798, 

Passed  February  28, 1817. 

th^e^'ar^resJof  ves^  1.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York, 
8ei8  extended,  represented  in  Senate  and  Assembly,  That  the  provisions  of  the 
act,  entitled  "  an  act  authorizing  the  arrest  of  ships  or  ves- 
sels for  debts  contracted  by  the  master,  owner  or  consignee^ 
•for  and  on  account  of  such  ships  or  vessels  in  this  state,"  be 
and  the  same  is  hereby  extended  to  ships  and  vessels  owned 
by  persons  resident  within  this  state :  Provided  always.  That 
in  case  the  arrest  of  any  ship  or  vessel,  by  virtue  of  the  said 
recited  act,  and  bond  given  pursuant  to  the  fourth  section 
thereof,  the  lien  created  by  the  said  act,  on  such  ship  or  ves- 
sel shall  immediately  cease  :  And  provided  alsoy  That  the  said 
lien  shall  in  no  case  endure  beyond  twelve  days  after  such 
ship  or  vessel  shall  leave  the  port  in  which  the  same  may 
have  been  so  arrested. 

Justices' Court       2.  §  II.  And  be  it  further  enacted.  That  the  justices'  court 
take  cognizance  =  of  the  city  of  Ncw-York,  shall  have  jurisdiction  ^nd  cogni- 
zance of  matters  contained  in  tliis  act  and  the  act  hereby 
amended. 


MARINE  COURT— STYLE  op,  changed.  47; 

MARINE  COURT, 

STYLE  OF,  CHANGED. 

1.  Justices'  Court  in  New- York  to  be  called  the  Mariae  Court: 

2,  Jurisdiction  of  Assiatant  Justices  restrained  in  certain  caaw. 

CHAP.  LXXL 

AN  ACT  to  amend  an  act,  entitled  "  An  act  to  reduce  several 
laws  relating  particularly  to  the  City  of  New-York  into  one 
act,''  so  far  as  relates  to  the  Justices'  Court  in  the  said  city. 

Passed  March  26, 1819. 

1.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  style  of  justice.' 
represented  in  Senate  and  Assembly,  That  the  justices'  court  *^°""*^  *"^^  * 
in  the  city  of  New- York,  having  marine  jurisdiction,  shall  be 

Called  and  known  by  the  name  of  the  Marine  Court  of  the 
city  of  New- York;  and  the  justices  of  the  said  court  shall 
be  called  and  known  by  the  name  of  the  justices  of  the  Ma- 
rine Court  of  the  city  of  New- York :  Provided  always.  That 
the  several  persons  now  holding  the  said  offices  shall  con- 
tinue to  hold  the  same  until  others  shall  be  appointed  and 
commissioned  in  their  stead,  , 

2.  §  II.  And  be  it  further  enacted,  That  the  assistant  ius-    Jurisdictioa  u 

'  -^  .  «ertain  case^  t«- 

tices  of  the  city  of  New- York,  shall  not  have  jurisdiction  to  ^''^  '"f"'"  ^^Bisu 

I  11-  -11  11  antjaatkes. 

hear  and  determme  any  actions  to  be  brought  by  any  seaman 
or  mariner,  or  other  person,  belonging  to  any  ship  or  vessel, 
for  seaman's  wages,  particularly  mentioned  and  specified 
in  the  one  hundred  and  sixth  section  of  the  act  hereby 
amended. 


476  MARINE  COURT. 


MARIIYE  COURT. 

S«CT.  1.  Justices'  Court  m  the  citj'  and  county  of  New- York. 

2.  Court  wliere  to  be  held,  and  its  jurisdiction.  _ 

3.  Court  declared  a  court  of  record,  and  clerk  appointed. 

4.  Court  to  be  open  daily. 

5.  Two  justices  to  give  judgment ;  in  case  of  sickness  one  may  try  cause. 

6.  Clerk  to  keep  register  of  proceedings. 

7.  Process  how  tested,  signed  and  sealed,  and  proceedings  against  joint  debtors. 

8.  First  process  when  by  summons  or  warrant. 

9.  Form  of  summons. 

10.  Process  how  served. 

11.  Clerk  to  administer  oath  on  issuing  warrant. 
13.  Process  by  warrant. 

13.  Process  by  whom  served. 

14.  Proceedings  on' the  arrest. 

15.  Clerk  authorized  in  certain  cases  to  take  security  for  defendant's  appearancr. 
16   Security  may  be  examined  on  oath. 

17.  Power  of  Justices' Court. 

18.  Court  when  to  proceed  to  trial  and  judgment. 

19.  When  defendant  to  give  security  on  adjournment. 
M.  Provision  as  to  section  40 ;  further  provision. 

21.  When  defendants  must  aet  off  their  demands,  and  neglect  of. 

22.  Proceedings  in  actions  of  trespass  on  pica  of  title. 

23.  Adjournments  and  security  for. 
54.  Duty  of  officer  on  serving  warrant. 

25.  Jurors',  witnesses',  and  constables'  oath. 

26.  Penalty  on  jurors  and  witnesses  for  non-attendance. 

27.  Judgment  given  against  plaintiff  in  certain  cases. 

28.  When  plaintiff  shall-recover  costs. 

29.  30,  31.  E.Tecution,  when,  how,  and  in  what  manner  issued. 
*2.  Register  of  justices'  court  legal  evidence. 

33.  Justices'  powers  as  conservators  of  the  peace,  &c. 

34.  Justices',  jurors',  constables',  and  marshals'  fees. 

35.  Debt,  damages,  and  costs  to  be  endorsed  on  the  execution. 

36.  Constables  and  marshals  in  what  rases  prohibited  from  serving  process. 

37.  Certiorari  how  obtained,  and  effect  of;  cost  on,  &c. 

38.  Attornies  liable  to  suit  as  other  persons. 

39.  Clerk  and  constable!  to  give  bond*,  and  proceedings  upon  them. 
41.  Suits  for  penalties  how  commenced,  and  execution  how  to  issue. 

Justices' court  in       1.  §  CV.  And  he  it  further  enacted,  That  it  shall  and  may 

and  for  the  city   ,         ,         ^  ,     ^  ,  ,      .     .  .  ,  *^^ 

ofNew-York.  f    bu  lawful  101'  tliG  pei'soii  admmistcrin2:  the  government  of 

By  the  act  of  26th  ,-        .    ^    ,      .  ,  i       •  ,       ,  i     • 

March,  1819,  the  this  State  lor  the  time  bein"^,  by  and  with  the  advice  and  con- 

■tyle  of  the  court  -i      r  .  r.  i 

is  changed  to    gent  01  the  council  of  appointment,  from  time  to  time,  to  ap- 

"The    Marme  .      .  ^  ^  ^ 

<'purt  of  the  city  point  and  commission  three  proper  and  discreet  persons,  to 
be  called  and  known  by  the  name  of  justices  of  the  justices'  * 
court,  in  and  for  the  city  and  county  of  New- York,  which 
said  justices  shall  hold  their  offices  during  the  pleasure  of 
the  said  council;  and  that  the  said  commissions  shall 
issue  once  at  least  in  every  three  years:  Provided  always, 
That  the  several  persons  now  holding  the  said  offices,  shall 
continue  to  hold  the  same  until  others  shall  be  appointed 
and  commissioned  in  their  stead. 


MARINE  COURT.  477 

2.  §  GVI.  And  he  it  further  enacted,  That  the  said  three  where  to  be  held 
justices,  or  any  two  of  them,  shall  have  power  and  authority, 
and  they  are  hereby  authorized  and  required  to  hold  a  court 
at  the  city-hall  of  the  city  of  New- York,  and  in  case  of  sick- 
ness or  epidemic  disease,  or  any  other  casualty,  at  such  other 
place  in  the  said  city,  as  the  mayor,  aldermen  and  common- 
alty of  the  said  city,  in  common  council  convened,  may  di- 
rect ;  which  said  court  shall  be  called  and  known  by  the  name 
of  the  justices'  court  of  the  city  of  New- York ;  and  shall  Jurisdiction, 
have  jurisdiction  to  hear,  try  and  determine  all  actions  of 
debt,  detinue,  account,  covenant,  trespass  on  the  case,  and 
trespass  including  trespass  on  any  land  or  other  real  estate, 
wherein  the  sum  or  balance  due,  or  thing  demanded,  shall 
exceed  twenty-five  dollars,'  and  not  exceed  fifty  dollars  : 
And  also,  all  actions  and  informations  upon  any  statute  of 
this  state,  and  upon  the  charter  or  any  by-law  of  the  corpo- 
ration of  the  said  city,  where  the  penalty  or  forfeiture  shall 
exceed  twenty-five  dollars,  and  not  exceed  fifty  dollars  as 
aforesaid :  And  also,  all  actions  to  be  brought  bv  any  seaman    soo  the  act  of 

.  ,1.^1.  ,  April     15,    1817, 

or  mariner,  or  other  person  bclonf]:in<x  to  any  ship  or  vessel  (auto)  whore  the 

,  .  .  ,       ^  J  I.  jurisdicti.mofthc 

in  any  merchant  service,  a^^ainst  the  owner  or  owners,  mas-  court  i*  extended 

•^  1  r  1  •  1     r  1  -to  «1()0,  and  the 

ter  or  commander  oi  any  ship  or  vessel,  for  or  by  any  reason  an  of  Aprii  12, 

^-     ,  ^  U  1        r  1  -lP2>2,ante,whcre- 

01  the  non-periormance  or  breach  01  any  agreement  or  con-  hy  jurisdiction  is 

.  piven  to  examine 

tract  made  by  such  seamen  or  mariner,  or  other  person,  with  matters  of  acct. 

•^  1  r  .  to    an  unlimited 

the  said  owner  or  owners,  master  or  commander,  for  services  amount,  and  auo 

of   suits  by   and 

or  compensation  for  services  on  board  of  any  ship  or  vessel,  apainstexeVutor. 

^  J  1  '  fi„(l    administra- 

during  any  voyage  performed,  or  in  part  performed  by  such  ^'^^^ 
ship  or  vessel,  notwithstanding  such  wages,  compensation 
or  damages,  shall  exceed  fifty  dollars ;  and  the  said  court 
shall  also  have  cognizance  and  power  to  hear,  try  and  de- 
termine all  actions  to  be  brought  by  any  owner  or  owners, 
master  or  commander  of  any  ship  or  vessel,  in  any  mer- 
chant service,  against  any  seaman  or  mariner,  or  other  per- 
son belonging  to  such  ship  or  vessel,  for  or  by  reason  of 
the  non-performance  of  any  agreement  or  contract  made  by 
such  seaman  or  mariner,  or  other  person,  with  such  owner  or 
owners,  master  or  commander  of  any  such  ship  or  vessel, 
for  services  to  be  performed  by  him  as  a  seaman  or  mariner, 
or  otherwise,  on  board  such  ship  or  vessel,  for  any  voyage 
performed  wholly  or  in  part,  or  intended  to  be  performed, 
"notwithstanding  the  damages  sustained,  or  sum  of  money 
demanded  by  reason  of  the  non-performance  of  such  agree- 
ment or  contract,  shall  exceed  fifty  dollars:  And  also,  all 


478  MARINE  COURT. 

actions  for  assault  and  battery,  oV  false  imprisonment,  done 
or  committed  by  any  master  or  commander  of  any  ship  or 
vessel,  in  any  merchant  service,  upon  any  officer,  seaman  or 
mariner,  or  other  person  "on  board  of,  or  belonging  to,  such 
ship  or  vessel  on  the  high  seas,  or  in  any  foreign  port  or 
place  where  such  ship  or  vessel  may  then  be,  of  which  the 
ordinary  courts  of  law  of  this  state,  now  have  cognizance ; 
and  all  actions  for  assault  and  battery  or  false  imprisonment, 
done  or  committed  by  any  officer  of  any  such  ship. or  vessel, 
upon  any  seaman  or  mariner,  or  other  person  on  board  of  or 
belonging  to  such  ship  or  vessel,  or  by  any  seaman  or  ma- 
riner, or  other  person  on  board  of,  or  belonging  to  such  ship 
or  vessel,  upon  the  master,  commander,  or  other  officers 
thereof,  or  by  one  seaman  or  mariner,  or  other  person  on 
board  of  or  belongLng  to  such  ship  or  vessel  upon  another 
seaman  or  mariner,  or  other  persons  on  board  of  or  belonging 
to  such  ship  or  vessel  upon  the  high  seas,  or  in  any  foreign 
port  or  place  where  such  ship  or  vessel  may  then  be,  of  which 
the  ordinary  courts  of  law  of  this  state  now  have  cognizance, 
notwithstanding  the  damages  sustained  or  demanded  by  rea- 
son tjiereof,  shall  qxceed  fifty  dollars  ;  and  for  the  purpose 
of  hearing,  trying  and  determining  all  such  actions  as  are 
hereby  made  cognizable  before  the  same  court,  such  court  is 
hereby  vested  with  all  such  power  or  authority  as  is  vested 
in  other  courts  of  record  in  this  state,  and  is  hereby  made 
Causes  of  whirl!  aud  Constituted  a  court  of  record:  Provided  ahcai/s,  That 
shall  not  have  ju-  uothiug  herein  contained  shall  be  construed  to  give  the  said 

risdiclion.  ^  ^  .  , 

This  scctiom  is  court  powcr  to  procecd  m  any  of  the  matters  aforesaid,  as  a 

repealed  so  far  as  r       ^      -     \  •   •  .       .     ,.      . 

it  relates  to  cxe- court  of  admiraltv,  or  maritime  iurisdiction ;  nor  shall  the 

cutors    and    ad-  .  '  -^  • 

ministrators,  and  authority  of  tlic  said  court  cxtcud  to  any  debt  or  demand, 

matters  of  acct.  •'  .  -^  i-ir 

where  the  sum  for  any  moucy  or  thini?  won  at  or  by  means  of  any  kind  of 

total  of  both  par-  .  .         "^  °      ,   ,  ,        ,     -^  in" 

tics  exceed  $200  joramiug,  play  Or  wa^^cr,  althousrh  the  same  shall  not  exceed 

by  act   of  April  o  o»  1       J  o      '  & 

12, 1822.  ante,  the  sum  or  valuc  of  fifty  dollors  ;  nor  to  any  action  wherein 
the  people  of  this  state  shall  be  concerned,  or  where  the  title 
of  any  lands  shall  in  any  wise  come  in  question,  except  actions 
of  trespass  on  land  or  other  real  estate  ;  or  to  any  action  of 
assault  and  battery,  or  false  imprisonment,  other  than  those 
committed  on  the  high  seas,  or  in  a  foreign  port,  as  is  herein 
before  particularly  specified ;  nor  to  matters  of  account 
where  the  sum  total  of  the  accounts  of  both  parties  exceeds 
in  the  amount  or  value  thereof,  the  sum  of  two  hundred  dol- 
lars, and  those  accounts  proved  to  the  satisfaction  of  the 
court,  nor  to  any  action  to  be  brought  by  or  against  any  exe- 


MARINE  COURT.  479 

cutor  or  administrator,  for  any  debt  or  demand  due  to  or 
from  the  estate  of  any  testator  or  intestate. 

3.  6  CVII.  And  he  it  furtJier  enacted,  That  the  said  court    Justices'  conn 

^  ^    ^  ^  declared  a  court 

so  to  be  holden  by  the  said  justices,  shall,  be  and  is  hereby  of  record. 

declared  to  be  a  court  of  record  ;  and  shall  have  a  seal  to  be 

devised  and  directed  by  the  justices  thereof,  and  shall  have   cicrk  to  ue  ap- 

a  clerk  to  be  appointed  and  removable  at  the  pleasure  of  the 

said  justices,  or  a  majority  of  them  ;  which  said  clerk  so  to 

be  appointed,  shall  be  paid  by  the  said  justices ;  and  shall 

take  an  oath  before  the  said  justices  in  open  court,  faithfully 

and  honestly  to  discharge  the  duties  of  his  office. 

4.  §  CVIII.  And  be  it  further  enacted,  That  the  said  court,  court  to  be  open 

...  daily. 

SO  to  be  holden  before  the  said  justices,  shall  be  open  every 
day  at  seasonable  hours,  except  Sundays,  the  fourth  day  of 
July,  the  twenty-fifth  day  of  November,  the  twenty-fifth 
day  of  December,  and  the  first  day  of  January,  in  every 
year. 

5.  §  CIX.  And  be  it  further  enacted.  That  no  judgment  NojudpniontRiv- 
shall  be  given,  nor  any  rule  or  order  made  in  any  cause  in  the  justices^ 

.  -  ^  1       1     1  1  1      r  1  .  ,  .         .  .  By  act  of  April 

said  court,  to  be  held  before  the  said  justices,  nor  anv  convic-  21,  leiri,  ante,  p. 

,       ,  1  1  r-     1  471,  any  Olio  jiis- 

tion  had  upon  any  statute  or  law,  unless  two  of  the  same  liccmayhoidthe 
justices  hereby  authorized  to  hold  such  court,  shall  be  pre- 
sent ;  and  if  only  one  of  them  shall  attend  on  any  court  day, 
he  shall  adjourn  the  said  court  to  the  next  court  day ;  and  if 
on  any  court  day  neither  of  them  shall  attend,  then  the  clerk 
of  the  said  court  shall  and  may  adjourn  the  court  to  the  next 
court  day:  Provided  nevertheless,  That  it  shall  and  maybe  Excrpt  judgment 
lawful  for  any  one  of  the  said  justices  to  receive  the  confes- 
sion of  the  defendant  or  defendants  of  the  action  of  the  plain- 
tiff, and  of  the  debt  and  damages,  or  sum  of  money  due  to  the 
plaintiff,  and  to  give  judgment  and  issue  execution  thereupon, 
in  like  manner  as  if  any  two  of  them  were  present :  And  fur-   in  case  of  pick- 
iher,  That  in  case  of  the  sickness  or  death  of  any  two  oftwoofVirjust*]- 
the  said  justices,  then  and  in  that  case  the  sOrvivor  shall  may  try  cuusfs. 
have  power  to  hold  the  court,  to  hear,  try  and  determine,  the 
causes  in  the  same  manner  as  if  two  of  the  said  justices  were 
present. 

6.  §  ex.  And  he  it  further  enacted,  That  the  clerk  of  the  resistor  ^of'^'tiie 
said  court  shall  cause  to  be  entered  or  registered  in  proper  riircoui't"^'' 


480  MARINE  COURT. 

books,  to  be  kept  for  that  purpos(!>,  a  docket  or  register  of  all 
summonses,  warrants,  precepts,  executions  and  process, 
which  maybe  issued  by  the  said  court,  and  of  the  returns  to 
all  such  summonses,  warrants,  precepts,  executions  and  pro- 
cess ;  and  also  proper  entries  of  all  acts,  orders,  dismissions, 
decrees,  judgments,  adjournments  and  proceedings  of  the  said 
court ;  and  also  the  substance  of  the  plaintiff's  charge  or  de- 
mand, and  of  the  defendant's  plea. 

Process  how  test-      7.  §  CXI.  And  he  it  further  enacted,  That  all  applications 
leiiedr     '        for  process  for  the  recovery  of  any  debt  or  demand,  to  be 
sued  for  in  the  said  court,  to  be  holden  by  virtue  of  this  act^ 
before  the  said  justices,  shall  be  made  to  the  clerk  of  the  said 
court,  and  not  otherwise  ;  and  that  all  process  to  be  issued 
out  of  the  said  court  shall  be  tested  in  the  name  of  the  said 
justices,  and  be  signed  by  the  clerk  of  the  said  court,  with 
his  name,  and  with  these  words,  "  by  the  court,"  and  sealed 
agaS'johit    "^^^^  ^^^  ^^^^  ^^  ^^^  ^^^^  court ;  and  in  all  suits  and  actions 
debtors.  against  joint  debtors,  the  proceedings  shall  be  in  all  respects 

the  same,  and  have  the  same  effect  as  in  and  by  the  one  hun- 
dredth section  of  this  act  is  enacted ;  and  where  any  parties 
shall  agree  to  enter  an  action  in  the  same  court  without  pro- 
cess, the  court  shall  proceed  in  the  same  manner  as  if  a  sum- 
mons or  warrant  had  been  issued. 

Jhln  b^'^'^sSm  ®*  ^  CXII.  And  he  it  further  enacted,  That  the  first  process 
raons  or  warrant,  ^q  \^q  issucd  out  of  tlic  Said  court  to  be  holdcu  by  the  said 
justices,  shall  be  in  the  same  manner  as  is  directed  in  and  by 
the  eighty-eighth  and  ninetieth  sections  of  this  act,  in  like 
cases ;  and  that  the  process  and  proceedings  against  joint 
debtors  shall  be  in  all  things  in  the  same  manner  as  is  di- 
rected in  and  by  the  one  hundredth  section  of  this  act. 

Form  of  sunv  9.  §  CXIII.  And  he  it  further  enacted,  That  every  sum- 
mons to  be  issued  out  of  the  said  court,  to  be  held  before  the 
said  justices  by  virtue  of  this  act,  shall  be  in  form  following: 
— "  The  people  of  the  state  of  New- York,  to  the  constables 
and  marshals  of  the  city  of  New- York,  and  to  every  of  them 
greeting ;  We  command  you  to  summon  A.  B.  if  he  shall 
be  found  in  the  said  city,  to  be  and  appear  before  our  court 
of  tlie  justices  of  the  peace,  in  and  for  the  city  of  New-York^ 
at  on  the  day  of  at 


mous 


,  Marine  court.  48 1 

o'clock  in  the  noon  in  the  same  day,  to  answer  unto 

C.  D.  of  a  plea  of  (here  insert  the  nature  of  the  cause  of  ac- 
tion, and  sum  demanded)  and  have  you  then  there  this  pre- 
cept.    Witness  our  said  justices,  at  the 
day  of                        in  the  year  of  our  Lord 

By  the  Court,  E.  F.  clerk. 

10.  §  CXIV.  And  be  it  farther:  enacted,  That  it  shall  and  ^I'^^'y^^!''''^  ^° 
tnay  be  lawful  for  any  constable  or  marshal  of  the  said  city 
of  New- York,  to  execute  process,  which  may  be  issued  out 
of  the  said  court,  to  be  holden  by  the  said  justices  by  virtue 
of  this  act,  in  any  part  of  the  said  city:  and  that  no  person  xisaVMst'lIlSir-rrifr- 
shall  be  })rocceded  against  by  summons,  to  be  issued  out*^"'*' 
of  the  said  court,  who  shall  not  reside  within  the  said  city. 


11.  §  CXV.  And  he  it  farther  enacted,  That  whenever  any  cicrk  to  admin- 
plamtin  or  his  attorney  shall  apply  lor  a  warrant  to  be  is-  suiufi  warrant  in 
sued  out  of  the  said  court,  to  be  holden  before  the  said  justices,    i3y  the  art  of 

,  ,  ,  .  ,      .  .  April?,  18V.H), this 

in  cases  where  by  this  act  an  oath  is  necessary  previous  to  section  is  mad.! 
the  issuing  oi  such  warrant,  the  clerk  of  the  said  court  is  assistant  justices 
hereby  authorized  and  empowered  to  administer  such  oath. 

12.  §  CXVI.  And  he  it  farther  enacted,  That  the  first 'pro-  Process  by  war- 

^  »/  '  1  rant. 

cess  to  be  issued  out  of  the  said  court  to  be  holden  before  the 
saidjustices,  in  all  cases  not  otherwise  provided  for,  may,  if 
•the  plaintiff  shall  so  elect,  be  by  warrant,  and  the  warrant 
shall  be  in  the  following  form  :  "  The  people  (as  in  case  of  a  Form  of  warrant, 
summojis,)  We  command  you  to  take  A.  B.  if  he  shall  be 
found  in  the  said  city,  and  bring  him  fortliwith  before  our 
courtr(as  in  case  of  a  summons.)" 

13.  §CXVII.  And  he  it  farther  enacted.  That  wlicn  ^ny  XryZZl?JL 
process  shall  be  issued  by  virtue  of  this  act,  the  constable  or  ^'*=  "J" '"^""i'-'^'- 
marshal  to  whom  such  process  shall    be  directed  and  deli- 
vered, shall  proceed  agreeably  to  this  act,  to  execute  such 

process  in  his  own  proper  person,  unless  the  assistant  jus- 
tices, or  the  court  to  be  holden  before  the  said  justices,  as  the 
case  may  be,  shall,  at  the  request  of  the  ])laintiff,  judge  it  ex- 
pedient to  depute  some  other  proper  person,  other  than  the  pli'ty"^^*^^''^'  *'*' 
plaintiff,  who  will  voluntarily  undertake  to  execute  the  same, 
without  fee  or  reward  ;  and  when  any  person  shall  be  so  dc-  made"'^"""  ^"^^ 
putcd,  the  deputation  shall  be  endorsed  on  the  process,  and 

6J 


482  MARINE  COURT. 

V 

if  issued  by  an  assistant  justice,  he  shall  sign  his  name  to 

such  deputation,  and  if  issued  out  of  the  court  to  be  holden 

No  deputation  on  bv  the  Said  iusticcs,  the  clerk  of  the  court,  as  such,  shall  siffn 

jury   process    or     ^  "^  '  j  ^  o 

eiecutioa.  hls  name  to  the  deputation,  but  no  person  shall  be  so  deputed 
to  empanel  or  summon  a  jury,  or  to  serve  an  execution. 

Kwar^anuo      ^^-  ^  CXTIII.  And  bc  it  fuHhev  enacted,  That  when  any 
"li^earailre"^!^  f^^fendant  shall  be  taken,  on  any  warrant  issued  out  of  the 
ihTg"  ^^  "^*  ^^^'  ^^^^  court  to  be  holden  before  the  said  justices,  and  the  same 
t™ct'o?Ap"rii7;  ^^^^'^  shall  not  be  then  sitting,  it  shall  be  the  duty  of  the  con- 
tSve  the^^me  stable  or  marshal,  or  other  proper  officer  having  such  war- 
f(S^e^to'theas^is*^  ^'^"^'  ^^  ^^^^^  ^^^  ^^^^  ^^^^^  uamc,  and  in  his  official  capacity, 
SeMadiiTcourL  ^^^^  ^^  sccurity  of  somc  sufficient  person  or  persons  to  be 
bound  by  bond,  conditioned  for  the  appearance  of  the  defend- 
ant on  the  next  court  day,  and  if  the  said  defendant  shall  not 
appear  in  person  in  court,  at  the  time  mentioned  in  the  said 
bond,  and  if  the  plaintiff  shall  approve  of  the  said  bail  or  se- 
curity, by  accepting  an  assignment  of  the  said  bond,  then  the 
constable  or  marshal  shall  and  may  return  the  said  waiTant  in 
^tbS^u'^pSn'      the  same  manner  as  if  the  defendant  had  been  brought  in  court 
in  person,  and  the  court  shall  and  may  proceed  in  the  cause  in 
the  same  manner  as  if  the  defendant  had  appeared  in  person, 
and  denied  the  plaintiff's  charge  by  plea ;  and  the  said  bail 
or  security  shall  be  held  to  pay  the  debt  or  damages,  and 
both  which  shall  or  may  be  adjudged  against  the  defendant, 
unless  the  said  defendant  shall  enter  the  necessary  security 
for  the  payment  of  the  amount  of  the  said  judgment  in  sixty 
days,  or  shall  (in  case  he  shall  be  liable  to  imprisonment)  sur- 
render himself  or  herself  in   execution  within  fort}'^eight 
On  refusal  to  give  hours  from  the  time  of  the  entry  of  said  iud^ment;  but  if 

bail,  defendant  to  J  J       o  ^ 

be  committed  to  ^he  defendant,  when  taken  by  virtue  of  the  aforesaid  war- 

jail     until    next  •' 

court  day.  j-^nt,  shall  ueglcct  or  refuse  to  give  bail  or  security  for  his  or 
her  appearance  as  aforesaid,  it  shall  be  lawful  for  the  con- 
stable or  marshal,  or  other  proper  officer  having  such  war- 
rant, to  take  such  defendant  to  the  jail  of  the  city  and  county 
of  New-York,  and  deliver  him  or  her  to  the  keeper  of  the 
said  jail,  who  is  hereby  required  to  receive  such  defendant, 
and  to  keep  him  or  her  in  safe  custody  in  the  said  jail  until 
the  next  court  day,  when  the  said  constable  or  marshal,  or 
other  proper  officer  who  shall  have  served  such  warrant,  or 
some  other  constable  or  marshal,  who  may  be  directed  by 
the  court,  in  writing,  shall  bring  such  defendant  before  the 


MARINE  COURT.  48S 

said  court :  Provided,  That  it  shall  not  be  lawful  for  the  said  ^^''^^r.^Sfan^Jg 
keeper  to  detain  such  defendant  in  custody  upon  such  war-  ^•'""• 
rant  for  a  longer  time  than  forty-eight  hours :  And  further,  e^nulrenfe  ^Sx. 
That  in  case  the  plaintiff  shall  accept  an  assignment  of  the  «>«baUbond. 
bail  bond,  to  be  tuken  by  the  constable  or  marshal,  or  other 
officer,  the  plaintiff  may,  if  necessary,  commence  a  suit  there- 
on in  his  own  name,  as  the  assignee  of  the  constable,  mar- 
shal or  other  officer,  and  on  obtaining  judgment  thereon,  shall, 
under  the  execution  to  be  issued  thereon,, levy  the  amount  of 
the  debt  or  damages  and  costs,  for  which  judgment  shall  be 
given  in  the  original  action,  with  costs  in  the  suit  on  the  bail 
bond,  and  no  more  ;  but  if  the  plaintiff*  shall  refuse  to  take  gJ^biTormarS^ 
an  assignment  of  such  bail  bond,  he  shall  have  his  remedy  fo^  *"<^"^p^' 
against  the  constable,  marshal  or  other  officer,  as  in  case  of 
an  escape,  and  in  that  case  such  constable,  marshal  or  other 
officer,  may  commence  a  suit  in  his  own  name,  and  for  his 
indemnity  on  such  bail  bond. 

15.  §  CXIX.  And  he  it  further  enacted,  That  when  any  de-  ^JJ^Ti^^tl 
fendant  shall  be  taken  on  any  warrant  issued  out  of  the  said  cSy^rom*^  de- 
court  to  be   holden  before   the  said  justices,  and  shall  be  'p™i*  ng  ^nm^' 
brought  into  court,  and  the  court  by  reason  of  other  business  *^*'"^^*y- 
or  other  cause,  should  be  unable  immediately  to  try  the  cause, 
the  constable  or  marshal,  or  other  proper  officer,  having  such 
warrant,  shall  take  the  defendant  before  the  clerk  of  the  said 
court,  who  shall  thereupon  take  security  for  the  defendant's 
appearance  in  court  on  the  next  court  dav  ;  and  if  the  said  Defendant  eom- 

^  ^  "  niitted  on  neglect 

defendant  shall  neglect  or  refuse  to  give  security,  he  or  she  log^■eBeculity. 
shall  be  committed  to  jail,  and  in  that  case  it  shall  be  the 
duty  of  the  said  clerk  to  make  an  endorsement  on  such  war- 
rant to  the  following  effect,  viz :  The  defendant  having  re- 
fused or  neglected  (as  the  case  may  be)  to  give  the  security 
on  the  within  warrant  required  by  law,  is  committed  to  the 
jail  of  the  city  and  county  of  New- York,  and  shall  after- 
wards be  brought  into  court,  or  discharged  in  the  same  man- 
ner and  form  as  is  directed  in  the  case  provided  for  in  and 
by  the  preceding  enacting  clause  of  this  act. 

16.  \  CXX.  And  be  it  further  enacted,  That  in  all  cases  in  sccurftj- may  be 
which,  according  to  the  provisions  of  thi^  act,  security  shall  oatiS"'" 
be  required,  it  shall  be  lawful  for  the  justice  or  clerk,  taking 
such  security,  if  he  shall  deem  it  necessary,  to  examine  the 


484  MARINE  COURT. 

person  or  persons  who  may  be  offered  as  security  on  oath, 
as  to  his  or  their  sufficiency  to  become  such  security. 


Power  of  justi-       X7.  §  CXXl.  And  be  it  further  enacted,  That  it  shall  and 

ces  court.  .        ••  ./  ' 

may  be  lawful  for  any  one  of  the  said  justices,  at  any  time, 
when  the  said  court  shall  not  be  sitting,  to  administer  tjie 
oath  of  danger  on  any  judgment  which  shall  have  been  en- 
tered in  the  said  court,  and  grant  execution,  or  make  any 
other  necessary  order  thereon,  and  also  to  take  the  confes- 
sion of  the  defendant  in  any  suit  or  action  commenced,  by 
warrant  issued  out  of  the  said  court,  and  enter  judgment,  and 
grant  execution  thereon,  in  the  same  manner  as  if  the  same 
was  done  in  open  court,  and  the  justice  before  whom  the 
said  proceedings  shall  be  had,  shall  enter  or  cause  to  be  en^ 
tered,  in  the  proper  book  or  books  of  the  court,  the  substance 
of  the  said  proceedings,  together  with  a  note  or  memoran- 
dum, purporting  that  the  same  were  had  out  of  court,  also 
the  time  when,  and  the  name  of  the  justice  before  whom  the 
same  were  had. 


Court  when  ,to       18.  §  CXXII.  A7id  hc  it  further  cnactcd,  That  upon  the  re- 
proceed  to  tri.-il  r  1 

and  give  judji-  turn  01  any  summons  to  the  said  court  to  be  holden  before 

ment.  .  "^    . 

the  said  justices,  if  such  summons  has  been  duly  served  by 
reading  as  aforesaid,  or  upon  the  appearance  of  the  defend- 
ant, pursuant  to  any  summons  served  by  a  copy,  as  afore- 
said, or  upon  the  bringing  the  defendant  into  court  upon  a 
warrant  which  shall  have  been  issued  in  consequence  of  his 
or  her  neglecting  to  appear  in  pursuance  of  any  summons 
served  by  copy  as  aforesaid,  or  at  such  other  time  as  the 
said  court  shall  deem  meet  and  convenient,  not  exceeding 
six  days  thereafter,  the  said  court  shall  proceed  to  hear  and 
examine  the  proofs  and  allegations  of  the  parties,  and  shall 
within  four  days  thereafter,  gi^^e  their  judgment  thereon  in 
such  manner  as  shall  appear  to  the  same  court  to  be  agree- 
able to  law  and  equity. 

Defendant  to        19,  §  CXXIII.  And  he  it  further  enacted,  That  immedi- 

give  security  on  ■'  J  '  . 

madr"wUhout^^  atcly  upou  bringing  the  defendant  into  the  said  court  before 
sint"^*^'^  ^^"    ^^^  ^^^^  justices,  by  virtue  of  a  warrant  other  tiian  a  warrant 
issued  in  consequence  of  the  neglect  of  the  defendant  to  ap- 
pear when  summoned,  or  a  warrant  issued  in  favor  of  a  non- 
resident plaintiff,  or  at  such  other  time  as  the  same  court 


MARINE  COURT.  486 

shall  appoint,  not  exceeding  six  days,  the  court  shall  proceed 
to  hear  and  examine  the  proofs  and  allegations  of  the  par- 
ties and  give  judgment  as  aforesaid ;  but  if  upon  bringing  the 
defendant  as  aforesaid,  an  adjournment  be  made  without  the 
consent  of  the  plaintiff,  then  the  defendant,  if  required  by  the 
plaintiff,  shall  give  sulliiient  security  for  his  or  her  personal 
appearance  on  the  day  to  which  such  adjournment  shall  be 
made  ;  and  in  default  of  such  appearance,  to  pay  the  debt  or 
damages,  and  costs,  if  judgment  shall  be  given  against  him  or 
her,  and  in  default  in  giving  such  security,  the  court  shall 
proceed  to  trial  without  an  adjournment. 

20.  §  CXXIV.  And  he  it  further  enacted,  That  in  all  cases   Further  proTi- 
where  a  warrant  shall  issue  out  of  the  said  court,  to  be  holden  joumments. 
before  the  said  justiqes,  if  the  plaintiff  or  defendant  shall  re- 
quire a  longer  time  than  is  first  appointed  by  the  court  to  try 

the  said  cause,  and  will,  if  required,  give  sufficient  security 
to  appear  and  stand  trial  on  such  other  day  as  shall  be  ap- 
pointed, and  pay  the  debt,  damages  and  costs,  in  case  judg- 
ment shall  be  given  against  him  or  her,  then  the  said  court 
fehall  adjourn  the  said  cause  to  any  time  they  may  think  pro- 
per and  convenient,  not  exceeding  twelve  days :  Fj'ovided  rmvisoastonon- 
alwaijs,  That  where  a  v/arrant  shall  issue  in  favor  of  a  non-  '*^*'**"  ''^"'"  ' 
resident,  and  who  shall  have  given  security  as  herein  before 
mentioned,  the  said  court  shall  not  adjourn  the  cause  for  more     3  days  boforc 
than  four  days,  unless  the  parties  agree  to  allow  a  longer  time.  ces!f  ^'^    ^"'*"" 

21.  §  CXXV.  And  be  it  further  enacted,  That  in  all  suits  to    Defendants  to  * 
be  brought  in  the  said  court,  before  the  said  justices,  the  de-  mands,  if  any. 
fendant  or  defendants,  if  he  or  they  have  any  account  or  de- 
mand against  the  plaintiff  in  such  action,  shall  and  may  plead 

and  set  off  the  same  against  the  debt  or  demand  of  the  plain- 
tiff; and  if  the  defendant  or  defendants  in  such  suit  or  action,   ,.   ,„ ,. 

'  »-  J     Ao^lccting  so  to 

shall  refuse  or  neglect  to  plead  and  give  in  evidence,  his,  her,  aaion'thSefol-"^ 
or  their  account  or  demand,  if  any  he,  she  or  they  have 
against  such  plaintiff  or  plaintiffs,  then  the  defendant  or  de- 
fendants so  neglecting  or  refusing  to  plead  and  give  in  evi- 
dence his,  her  or  their  accounts  or  demands  aforesaid,  shall 
for  ever  thereafter  be  barred  and  precluded  from  having  or 
maintaining  any  action  or  actions  against  such  plaintiff  or 
plaintiffs,  for  the  recovery  of  such  account  or  demand,  or  any 
part  thereof:  Provided  always,  That  v/hcre  the  balance  due    ^'"'''^"  ''fiance 

i  .  eicfcd3$50. 


48a  MARINE  COURT. 

to  the  defendant  or  defendants  exceeds  the  sum  of  fifty  dol- 
lars, that  in  every  such  case  the  defendant  or  defendants 
shall  not  be  barred  or  precluded  from  recovering  his  account 
or  demand  against  such  plaintiff  or  plaintiffs,  in  any  other 
court  of  record  having  cognizance  thereof. 

Proceedings  in      22.  §  CXXVI.  And  he  it  further  enacted,   That  when  in- 

actiong   of  tres-  .  ^  \        ,  ,  ,  i  •    u 

pass  when  defen-  auv  actiou  oi  trespass  UDOU  land,  or  Other  real  estate,  wmcn. 

dant  justifies  on        *'  i        •         ,  •  i  ^      r  \  .  ,    .        . 

plea  oi: title..  may  be  brought  m  the  said  court,  beiore  the  said  justices, 
any  defendant  or  defendants  shall  justify  on  a  plea  of  title, 
the  like  proceedings  in  all  things  shall  be  had  therein  in  the 
same  court,  as  aie  directed  to  be  had  in  suits  of  that  nature,, 
before  assistant  justices,  in  and  by  the  ninety-fourth  section 
of  this  act,  except  that  the  recognizance  to  be  entered  into  by 
the  defendant  or  defendants,,  shall  be  in  the  sum  of  one  hun- 
dred dollars. 

Adjournment  ai-      23.  §  CXXVII.  And  he  it  further  enacted,  That  if  in  any 

lowed  for  want        .  i       •        i  •  i  i      /»  .... 

of  material  wit-  suit  to  be  brought  in  the  said  court,  before  the  said  justices,., 
the  defendant  shall  make  oath,  that  he  or  she  cannot,  for  want 
of  some  material  evidence  or  witness,  safely  proceed  to  trial, 
the  court  shall,  in  such  case,  postpone  the  trial  for  such  rea- 
sonable time  as  will  enable  the  defendant  to  procure  such 

Not  tn,cxceed  3  evidcncc  or  witiicss  :  Proinded,  Such  time  shall  not  exceed 

t)ionths,      UDless 

demand  ia.  more  thrcc  Calendar  months,  unless  the  debt,  dama":es  or  demands 

^han  $50,  in  • 

shall  exceed   the  sum  of  fifty  dollars  :  And  provided  also^ 
Security  to  be   That  such  defendant  or  defendants,  before  he,  she  or  they 

giveu  tljereon.  '  ^  •' 

shall  be  entitled  to  have  the  trial  postponed  as  aforesaid, 

shall  give  security  to  the  said  court  to  appear  and  answer 

the  said  action,  and  to  pay  the  debt  or  damages  and  costs,  in 

case  judgment  thereon  shall  be  given  against  him,  her  or 

Account  or  de-  them:  And  provided  also,  That  in  any  suit  or  action  to  be 

bited  by  party  brouglit  iu  tlic  Said  court,  if  either  the  plaintiff  or  defendant 

%s^uC  *  ■*""'"  shall  request  an  adjournment,  he  or  she  shall  not  be  entitled 

thereto,  unless  the  party  requesting  such  adjournment,  after- 

having  seen  the  account  or  demand  of  the  adverse  party, 

shall,  if  required,  exhibit  his  or  her  account  or  demand,  or 

state  the  nature  thereof,  as  far  forth  as  may  be  in  his  or  her 

power,  to  the  satisfaction  of  the  court ;  any  thing  herein  con- 

taiAed  to  the  contrary  thereof  notwithstanding. 

Officer    serving 

warrant  .to  hold      24.  §  CXXVIII.  And  he  it  farther  enacted,  That  where  the 
iif/^^ed^bycolln"  defendaut  in  any  action  to  be  brought  in  the  said  court,  be- 


MARINE  COURT.  487 

fore  the  said  justices,  shall  be  brought  into  the  same  court  by 
virtue  of  a  warrant,  such  defendant  shall  be  considered  and 
held  to  be  in  custody  of  the  officer  who  made  the  arrest,  and 
shall  be  held  on  the  said  warrant  until  discharged  by  the 
court ;  and  if  such  defendant  so  brought  into  court  shall  be 
required'to  give  security,  according  to  the  provisions  of  this 
act,  the  same  court  shall  allow  him  such  time  as  the  court 
shall  deem  reasonable  to  procure  the  same,  and  the  officer  in  ^^'■'•=<?»'*oaccom- 

^  '  pany    defendant 

whose  custody  such  defendant  shall  be,  shall  go  with  him  or  f*^.  "^^^"'^^  »««""- 
her,  to  enable  him  or  her  to  obtain  such  security. 

§  CXXIX.  This  and  the  following  section  is  repealed  ; 
6  Vol.  Laws  of  1822,  p.  178,  section  2. 

25.  §CXXXI.  And  be  it  farther  enacted,  That  the  said  ,f "^j;;^^  7^;;^7«- 
court  to  be  holden  before  the  said  justices,  shall  administcr'''^''^''*' 

to  each  of  the  jurors,  witnesses,  and  constables  respectively, 
the  same  oaths  respectively,  as  are  in  like  cases  directed  in 
and  by  the  ninety-fifth  section  of  this  act,  and  the  same  courts 
shall  in  all  things  proceed  as  is  in  and  by  the  ninety-fifth  sec- 
tion of  this  act  directed  in  every  particular. 

26.  6  CXXXII.  And  be  it  farther  enacted,  Th:it  eYcry  per- t'^'naity  on  jurors 
son  summoned  and  drawn  as  a  juror,  in  any  action  which  ance. 

shall  or  may  be  brought  in  the  said  court,  to  be  holden  before 
the  said  justices  who  shall  not  appear,  or  appearing,  shall  re- 
fuse to  serve  in  any  such  action,  shall  forfeit  and  pay  for 
every  such  default  or  refusal,  unless  some  reasonable  cause 
be  proved  on  oath  to  the  satisfaction  of  the  court,  such  fine 
or  fines,  not  exceeding  ten  dollars,  as  the  said  court  shall 
think  reasonable  to  impose  ;  and  that  every  person  who  shall 
be  subpoenaed  as  a  witness  in  any  such  action,  and  who  shall  oa  witHesses. 
not  appear,  or  appearing,  shall  refuse  to  give  evidence  in 
such  action,  shall  forfeit  and  pay  for  every  such  default  or 
refusal,  unless  some  reasonable  cause  shall  appear  as  afore- 
said, such  fine  or  fines,  not  exceeding  fifty  dollars,  as  the 
same  court  shall  think  reasonable  to  impose,  and  the  same 
court  is  hereby  authorized  and  required  to  issue  a  warrant  to 
any  proper  officer  of  the  same  court,  comrnanding  him  to  levy  How  recovered, 
the  same  of  the  goods  and  chattels  of  the  ofiender,  and  for  the 
want  thereof,  to  take  and  convey  him  or  her  to  the  jail  or 
debtors'  prison  of  the  said  city  and  county  of  New- York, 


488  MARINE  COURT. 

there  to  remain  until  he  or  she  pay  such  fine,  together  with 
the  costs  attending  the  same  ;  and  the  keeper  of  such  jail  or 
prison  is  hereby  commanded  to  keep  such  offender  in  safe 
custody  in  such  jail  or  prison,  until  such  fine,  together  with 
the  costs,  shall  be  paid  :  Provided  always,  That  no  such  fine 
or  fines  shall  be  imposed,  unless  oath  shall  first  have  been 
made  before  the  court  by  some  credible  person  that  such  ju- 
ror or  witness  so  in  default,  hath  been  law^fully  summoned  or 
subpoenaed,  as  the  case  may  be ;  all  and  every  of  which  said 
How  appropri-  fi^cs  sliall  be  paid  iuto  the  same  court,  and  by  the  same  court 
paid  to  the  chamberlain  of  the  said  city,  for  the  use  of  the  poor 
thereof. 


ated 


Judgment  eiven  27.  §  CXXXIII.  And  he  it  furtker  enacted,  That  if  the 
mcmairf cages',  plaintiff,  in  any  action  brought  in  the  said  court  before  the 
said  justices,  shall  be  non-suited,  or  discontinue  his,  her  or 
their  action,  without  the  consent  of  the  defendant,  then  judg- 
ment shall  be  given  against  such  plaintiff  for  the  costs  accrued, 
and  execution  may  thereupon  issue  for  the  same  immedi- 
ately, or  if  he  or  she  shall  appear  to  be  indebted  to  the  de- 
fendant, then  judgment  shall  be  given  against  him  or  her,  for 
the  debt,  or  damages  and  costs,  as  the  case  may  require. 

Plaintiff  not      28.  §  CXXXIV.  Andhe  it  further  enacted,  That  if  in  any 

recovering  more  .  .  i  •    i       i      ii 

than  325,  except  actiou  or  suit,  which  shall  or  may  be  brought  by  virtue  of 

in  marine  causes,  .  i        i      i  i         i      r  i  •  i   • 

shall  not  have  tliis  act,  m  the  said  court,  to  be  liolden  beiore  the  said  lus- 

COSt«.  .  ,  111 

tices,  (except  in  suits  or  action  made  cognizable  in  the  same 
court,  in  and  by  the  one  hundred  and  sixth  section  of  this  act, 
between,  by  and  against  any  seaman  or  seamen,  mariner  or 
mariners,  owner  or  ow^ners,  master  or  masters,  commander  or 
commanders,  officer  or  officers,  or  any  other  person  or  persons 
belonging  to  any  ship  or  vessel,  in  any  merchant  service)  the 
plaintiff'  or  plaintiffs,  in  any  such  suit  or  action,  shall  recover 
against  the  defendant  or  defendants  in  such  suit  or  action, 
any  sum  not  exceeding  twenty-five  dollars,  such  plaintiff  or 
plaintiffs  shall  not,  in  such  suit  or  action,  recover  any  costs 
But  costs  shall  against  such  defendant  or  defendants,  but  such  defendant  or 
defending '^  ^"^  defendant  shall  recover  costs  against  such  plaintiff  or  plain- 
tiffs in  such  suit  or  action,  and  for  which  judgment  shall  be 

Proceedings  •,  •  ■,  i  •  i 

thereupon,  forthw^ith  givcu  by  the  said  court,  and  execution  may  there- 
upon issue  for  the  same,  or  the  defendant  or  defendants  may 
set  off  the  amount  of  such  costs  against  the  amount  or  sum 


MARINE  COURT.  489 

for  which  judgment  shall  be  given  for  the  plaintiff  or  plain- 
tiffs, and  pay  the  balance,  if  any  there  be,  into  court ;  or  the 
said  court  may  order  and  direct  that  the  sum  so  adjudged  to 
the  defendant  or  (iefendants,  for  costs  as  aforesaid,  shall  be 
set  off  against  ithe  sum  for  which  judgment  shall  be  given  for 
the  plaintiff  or  plaintiffs',  and  execution  shall  issue  for  the  ba- 
lance only,  if  any  there  be  ;  and  in  case  the  sum  so  adjudged 
to  the  defendant  or  defendants,  for  costs  as  aforesaid,  shall 
exceed  the  sum  for  which  judgment  shall  be  given  for  the 
plaintiff  or  plaintiffs,  then  the  sum  for  which  judgment  shall 
be  so  given  for  tlie  plaintiffs  or  plaintiffs  shall  be  set  off 
against  the  sum  so  adjudged  to  the  defendant  or  defendants, 
for  costs  as  aforesaid,  and  execution  shall  issue  for  no  more 
than  the  balance  of  such  costs  ;  and  in  all  cases  (except  in 
such  as  in  this  section  is  before  excepted)  in  which  judgment 
shall  be  given  for  any  sum  not  exceeding  twenty-five  dollars, 
the  like  execution  shall  issue,  and  the  like  proqeedings  ,be  had 
thereupon,  as  in  and  by  this  act  is  directed  to  be  issued  and 
proceeded  upon  on  judgments  to  be  given  in  the  several  courts 
to  be  held  by  the  several  assistant  justices,  to  be  appointed  by 
virtue  of  this  act  in  actions  hereby  made  cognizable  before 
the  said  assistant  justices  respectively. 

29.  §.CXXXV.  And h^  it  farther  enacted,  That  in  all  cases  f'^'V^^^^'-^foi:^^' 

*  .  ^  '  .  ing  l)oyond   $25) 

where  the  amount  of  any  iudo^ment  which  shall  be  rendered  n"iy  i'<ive  exccu- 

J    J       Q  tlon  apainst  de- 

by  the  said  court  to  be  held  before  the  said  justices,  shall  ex-  Q;"^'^*oo5a  ^'^^^ 
ceed  twenty-five  dollars,    (except  v/herc  such  excess  has 
been  created  by  cosfs  of  suit,  or  interest  upon  a  judgment 
before  rendered)  exclusive  of  costs,  the  party  obtaining  such 
judgment,  may,  at  his,  her  or  their  election,  have  an  execu* 
tion  either  against  the  body  or  goods  and  chattels  of  the  per- 
son or  persons  against  whom  such  judgment  is  rendered ; 
and  the  constable  or  marshal  shall  proceed  according  to  the 
tenor  of  the  said  execution,  and  if  the  same  is  against  the      Execution 
goods  and  chattels  of  the  person  or  persons  against  whom  how"procmicd 
the  same  execution  shall.be  granted,  the  said  constable  or  "'^^"" 
marshal  shall,  in  all  things,  proceed  thereon,  as  is  directed  in 
and  by  the  ninety-ninth  section  of  this  act,  and  shall  be  alike 
liable  for  any  neglect  as  in  and  by  the  said  ninety-ninth  se(i-=- 
tion  is  enacted ;  and  if  the  execution  is  against  the  body  or  ^sainst  tiip  body 
bodies  of  the  person  or  persons  agamst  whom  the  same  shall  «"'• 
})e  granted,  the  constable  or  marshal  shall  take  the  body  or 

02 


400  jVIARINE  COURT. 

bodies  of  the  person  or  persons  against  whom  the  same  exe- 
cution shall  be  granted,  and  bring  him,  her  or  them  before 
tlie  same  court  out  of  which  the  same  execution  issued ;  and 
if  the  money  mentioned  in  such  execution  is  not  then  and 
there  paid  into  the  said  court,  nor  security  satisfactory  to 
the  court,  given  to  pay  the  same  at  the  end  of  sixty  days 
from  the  rendition  of  the  said  judgment,  and  the  said  sixty 
days  shall  not  have  expired  before  the  said  person  or  per- 
sons shall  be  so  brought  in  as  aforesaid,  then  the  same  court 
shall  cause  an  entry  to  be  made  in  the  minutes  of  the  same 
court,  purporting  that  such  person  or  persons  shall  be  com- 
mitted to  the  jail  or  debtor's  prison  of  the  said  city  and  county 
of  New- York,  in  execution  'of  the  debt,  damages  and  costs, 
or  damages  and  costs,  mentioned  in  such  execution  and  judg- 
ment, and  cause  a  precept  or  mittimus  to  be  issued  for  con- 
veying such  person  or  persons  to  tHe  said  jail,  which  precept 
or  mittimus  shall  be  delivered  to  one  of.  the  constables  or 
marshals  of  the  said  city,  who  shall  thereupon  conVey  such 
person  or  persons  to  the  said  jail,  and  there  deliver  him,  her 
or  them,  together  with  the  precept,  to  the  keeper  of  the  said 
jail,  who  shall  thereupon  receive  and  safely  keep  such  person 
or  persons  in  the  said  jail,  until  he,  she  or  they  shall  be  thence 
delivered  by  due  course  of  law. 

Execution  not  to      30.  §  CXXXVI.  And  be  it  further  enacted,  That  in  all 
laincases^indcr  cascs  whcrc  the  amouut  of  the  judgment  which  shall  be  ren- 
if/thc*2d  section  dcrcd  by  the  said  court,  to  be  held  before  the  said  justices, 
ikol^tii^s ami  uie  shall  cxcccd  tlic  suui  of  tweuty-five  dollars,  exclusive  of 
isn°ade"!o^a^Pp"y  costs  ;  and  uot  excccd  the  sum  of  fifty  dollars,  exclusive  of 
justices' courts"  costs,  and  tlic  .persou  or  persons  against  whom  such  judg- 
ment shall  be  given  as  aforesaid,  shall  give  sufficient  security 
to  the  satisfaction  of  the  court  for  the  payment  of  the  amount 
of  such  judgment  at  the  end  of  sixty  days  after  the  rendition 
of  the  said  judgment,  that  then  no  execution  shall  issue  there- 
upon, until  the  end  and  expiration  of  the  said  sixty  days. 

Execution  not  to      31.  §  CXXXVII.  And  he  it  further  enacted,  That  no  exe- 

issue   against  ■•  -' 

^^ihtbitams  hat-  ^^^^iou  of  any  judgment,  to  be  given  by  virtue  of  this  act  by 

iier60da*4^^  ""  ^^^^  Said  court,  to  be  holden  before  the  said  justices,  for  any 

sum  exceeding  twenty-five  dollars,  exclusive  of  costs  ;  and 

not  exceeding  fifty  dollars,  exclusive  of  costs,  shall  issue 

against  any  freeholder  or  inhabitant,  having  a  family,  in  less 


MARINE  COUET,  491 

than  sixty  days,  after  giving  the  said  judgment,  unless  the  ilt,e!nr?i^ocS- 
party  in  whose  favor  the  judgment  shall  be  given,-  shall  make  geTonoJing  Wa 
it  appear,  on  his  or  her  own  oath,  or  the  oath  of  some  other  '^^^*- 
person  or  persons,  to  the  satisfaction  of  the  court,  that  such 
person  or  persons  in  whose  favor  the  judgment  shall  or  may 
be  given,  will  be  in  danger  of  losing  his,  her  or  their  debt, 
if  such  delay  should  be  allowed ;  in  which  case,  if  the  per-    ^i°m.pon' 
son  or  persons   against    whom    the   oath   shall   be   taken, 
shall  not  be  present  in  the  court  at  the  time  of  taking  the 
oath  as  nforesaid,  the  court  shall  order  some  proper  officer 
to  notify  such  person  or  persons,  that  the  said  oath  has  been 
taken  as  aforesaid,  and  direct  him,  her  or  them  to  enter,  at 
any  time  the  said  court  may  appoint,  (not  exceeding  twenty- 
four  hours,)  security  to  pay  the  debt,  damages  and  costs,  be- 
fore or  at  the  e!?:piration  of  sixty  days  after  the  rendition  of 
said  judgment ;  and  in  case  the  person  or  persons  against 
whom  judgment  shall  be  entered,  shall  refuse  or  neglect  to 
enter  a  security  as  aforesaid,  then  the  said  court  shall  issue 
execution  immediately:    Provided   nevertheless.  That  if  it  casps where exe- 

•^  ^  cuiion  may  issue 

should  appear  to  the  satisfaction  of  the  court,  upon  oath  as  immediately, 
aforesaid,  that  there  would  be  danger  as  aforesaid  if-  any 
delay,  should  be  allowed,  or  if  the  person  or  persons  against 
whom  judgment  shall  have  been  given  as  aforesaid  should 
have  notice  as  aforesaid  of  the  said  onth  having  been  taken, 
that  then  the  said  court  may  issue  execution  without  giving 
said  notice :  Pro-cided  also,  That  the  execution  may  be  forth- 
with issued  whenever  judgment  shall  be  given  for  any  sum, 
in  any  action  which  shall  be  brought  in  the  said  court,  to  be 
holden  before  the  said  justices,  by  any  seaman  or  mariner, 
or  other  person  belonging  to  any  ship  or  vessel  in  any  mer- 
chant service,  against  the  owner  or  owners,  master  or  com- 
mander of  any  ship  or  vessel,  for  or  .by  .reason  of- the  non- 
performance or  breach  of  any  agreement  or  contract  made 
by  such  seaman  or  mariner,  or  other  person,  with  the  said 
owner  or  owners,  master  or  commander,  for  services,  or 
compensation  for  services,  on  board  any  such  ship  or  vessel, 
or  for  wages,  or  compensation  for  services  on  board  any  such 
ship  or  vessel  during  any  voyage  performed,  or  in  part  per- 
formed by  such  ship  Qr  vessel,  while  such  seaman,  mariner 
or  other  person  was  on  board  such  ship  or  vessel :  And  also, 
Whenever  judgment  shall  be  entered  as  aforesaid,  in  any 
action  which  shall  be  brought  as  aforesaid,  by  any  owner, 


m  jViarine  court. 

V 

or  owners,  master  or  commander  of  any  ship  or  vessel  ii 
any  merchant  service,  against  any  seaman  or  mariner,  or 
other  person,  for  or  by  reason  of  the  non -performance  of 
any  agreement  or  contract  made  by  such  seaman  or  mariner, 
or  other  person,  with  such  owner  or  owners,  master  or  com- 
mander, of  any  such  ship  or  vessel,  for  services  to  be  per- 
formed by  him  as  a  seaman  Or  mariner,  or  otherwise  on  board 
such  ship  or  vessel  for  any  voyage  performed  Avholly  or  in 
part,  or  intended  to  be  performed :  And  also,  Whenever 
judgment  shall  be  entered  as  aforesaid,  in  any  action  brought 
in  the  said  court,  to  be  holden  before  the  said  justices,  for 
assault,  batter}^  or  false  imprisonment,  done  or  committed 
by  any  master  or  commander  of  any  ship  or  vessel  in  the 
merchant  service,  upon  any  officer,  seaman  or  mariner,  or 
other  person  on  board  of,  or  belonging  to,  such  ship  or  ves- 
sel upon  the  high  sea^,  or  in  any  foreign  port  or  place  where 
i^uch  ship  or  vessel  may  then  be,  or  in  an}^  action  of  assault 
and  battery  or  false  imprisonment,  done  or  committed  by  any 
officer  of  any  ship  or  vessel  in  any  merchant  service,  upon 
any  seaman  or  mariner,  or  other  person  on  board  of,  or  be- 
longing to,  such  ship  or  vessel,  or  by  any  seaman  or  mariner, 
or  other  person  on  board  of,  or  belonging  to,  such  ship  or 
vessel,  upon  the  master  or  commander  or  other  officers 
thereof,  or  by  one  seaman  or  mariner  or  other  person  on 
board  of,  or  belonging  to,  such  ship  or  vessel,  upon  another 
seaman  or  mariner,  or  other  person  on  board  of,  or  belong- 
ing to,  such  ship  or  vessel  upon  the  high  seas,  or  in  any  foreign 
port  or  place  where  such  ship  or  vessel  may  then  be  ;  and 
that  in  any  of  the  said  cases  mentioned  in  this  proviso,  the 
person  against  whom  any  such  execution  shall  issue,  shall 
not  be  entitled  to  any  delay,  by  giving  security  as  herein  be- 
fore mentioned,  any  thing  contained  in  this  act  to  the  contrary 
thereof  notwithstanding. 

ftegi^c^  ftf  j^s-.      32.  §  CXXXVIII.  And  be  it  further  enacted,  That  the  re- 

tVces'  court  legal      .  •        ,  ,        ,  ^  •        r         i  •  i  i       i     i  i 

evidence.  gistcrs  and  booKs  01  cnthcs  tor  the  said  court  so  to  be  holden 

before  the  said  justices,  or  copies  thereof  proved,  shall  be 

deemed  legal  evidence  of  the  acts  and  proceedings  of  the 

Justices'  court  Same  court,  and  that  the  same  court  shall  be  deemed,  taken 

t^^ared  c^w^t  9^  ^^^  jj^j^j  ^o  bc  a  court  of  record. 


MARINE  COURT.  405 

33.  §  CXXXIX.  And  be  it  fiuiher  enacted,  That  the  justices  ^af^e^Tsef^H^r* 
to  be  appointed  by  virtue  of  this  act,  and  to  be  called  and  ofuiepeac^ 
known  by  the  name  of  the  justices  of  the  justices'  court,  in 

and  for  the  city  and  county  of  New- York,  shall  jointly  and 
s^everally  have,  exercise  and  enjoy  all  the  powers  and  privi- 
leges of  justices  of  the  p^ace,  as  to  keeping  of  the  peace  in 
the  said  city  and  county,  (except  the  right  and  power  of 
holding  courts  of  sessions  of  the  peace,  of  sitting  as  judges 
in  any  court  of  sessions  of  the  peace,  to  be  held  in  and  for 
the  city  and  county  of  New- York,  by  the  mayor,  recorflcr 
and  aldermen  of  the  said  city,  or  any  three  or  more  of  them, 
of  whom  the  mayor  or  recorder  always  to  be  one ;)  and  each 
of  the  said  justices  shall  have  the  like  power  to  commit 
offenders,  and  to  take  recognizance  for  their  appearance, 
and  for  their  keeping  the  peace,  and  for  their  good  behaviour, 
and  to  take  recognizance  for  the  appearance  of  witnesses 
against  offenders,  as  any  other  justice  of  the  peace,  in  any 
other  county  of  this  state,  hath  by  law  ;  and  all  recogni-^ 
zances  taken  by  the  said  justices,  any  or  either  of  them,  for 
the  appearance  of  any  person  in  any  court,  shall,  together 
with  the  examination  and  evidence  taken  before  such  justice 
or  justices,  be  delivered  by  him  or  them,  to  the  court 
in  which  the  person  for  whose  appearance  such  recogni- 
zance is  taken  is  to  appear:  A7id  further,  That  each  of jjj;[[J^![*J^^^^'[JJJ'„ 
the  said  justices  of  the  justices'  court  shall  have  power  to  ^rc„'7Jour"  '"^" 
take  affidavits  and  depositions,  to  be  rea'd  and  used  in 
the  supreme  court  of  judicature  of  this  state,  according 
to  the  rules  and  practice  of  the  said  court,  which  affida- 
vits shall  have  the  same  force  and  effect  as  if  taken  be- 
fore any  judge  of  the  said  court,  or  any  commissioner  cm- 
powered  by  law  to  take  such  affidavit,  and  shall  be  enti- 
tled to  such  fees  therefor  as  are  allowed  by  law. 

34.  §  CXL.  And  be  it  further  enacted,  That  in  all  actions 
and  suits  to  be  brought  in  the  said  court,  before  the  said  jus- 
tices, the  following  and  no  other  or  greater  fees  shall  be  al- 
lowed, taxed  or  taken  by  virtue  of  this  act,  that  is  to  say  : 

Fees  to  Justices. 

For  entering  each  action,  twelve  and  an  half  cents.  justices'  few. 

For  every  summons  or  warrant,  twenty -five  cents. 


494  MARINE  COURT. 

For  entering  the  return  on  every  suinmons,  warrant  or  exe- 
cution, and  filing  the  same,  twelve  and  an  half  cents. 

For  entering  an  appearance  or  default,  six  cents. 

For  entering  the  substance  of  the  plaintiff's  charge  or  de- 
mand, upon  the  return  of  process  against  the  defendant 
when  served,  thirty-seven  and  an  half  cents. 

For  entering  the  substance  of  the  defendant's  plea,  plaintiff's 
replication,  or  other  pleading,  each  twelve  and  an  half 
cents  ;  and  if  such  demand,  plea,  replication  or  other  plead- 
ing, is  exhibited  in  writing,  the  same  shall  be  filed  in  the 
office  of  the  clerk.  *       • 

For  taking  security,  twenty-five  cents. 

For  every  venire,  thirty-seven  and  an  half  cents. 

For  every  subpoena  for  each  witness,  twelve  and  an  half  cts. 

For  swearing  a  jury,  thirty-seven  and  an  half  cents. 

For  administering  every  oath,  twelve,  and  an  half  cents. 

For  every  judgment,  retraxit  or  discontinuance,  and  entering 
the,  same,  thirty-seven  and  an  half  cents. 

For  every  execution,  thirty-seven  and  an  half  cents. 

For  every  commitment,  twenty-five  cents. 

For  taking  acknowledgment  of  satisfaction  of  judgment,  six 
cents. 

For  entering  the  same,  six  cents. 

For  an  adjournment  and  entering  the  same,  twelve  and  an 
half  cents. 

For  making  out  a  bill  of  cosis,-  twelve  and  an  half  cents. 

For  drawing  a  jury,  and  making  a  paiiel  or  jury  process, 
twenty-five  cents. 

For  receiving  and  entering  verdict,  twelve  and  an  half  cents. 

For  trial  fee  in  each  action  of  assault  and  battery  or  false 
imprisonment,  which  shall  be  tried  by  virtue  of  this  act, 
and  in  every  other  action  in  which  the  sum  demanded  in 
the  first  process  shall  exceed  the  sum  of  fifty  dollars,  two 
dollars  and  fifty  cents. 

For  copies  of  proceedings  in  the  said  court,  when  required, 
for  seventy- two  words,  nine  cents. 

For  each  search,  six  cents. 

For  filing  every  paper  or  pleading,  six  cents. 

For  fees  in  full  in  granting  certificate  of  naturalization,  two 
dollars  and  fifty  cents. 
And  the  clerk  of  the  said  court  shall  receive  the  said  fees 

and  account  to  the  said  justices  for  the  same,  at  least  once  in 


MARINE  COURT. 


49& 


every  month,  and  oftener  if  required  by  the  said  justices,  and 
shall  divide  and  pay  the  amount  thereof  to  and  among  such 
of  the  said  justices  as  shall  have  attended  the  court  during  the 
time  in  which  the  said  fees  shall  have  been  received,  in  pro- 
portion to  the  number  of  days  each  of  them  shall  have  attended 
the  court  during  that  period. 

Fees  allowed  to  the  Constables  and  Marshals. 

For  serving  cver}^  summons,  nineteen  cents. 
For  serving  every  warrant,  thirty-seven  and  aahalf  cents. 
For  taking  a  bail  bond,  twenty-five  cents. 
For  returning  a  summons  or  warrant,  six  cents. 
For  summoning  a  jury,  fifty  cents. 

For  taking  the  •  defendant  into  custody  on  a  mittimus,  com- 
mitment or  execution,  twelve  and  an  half  cents. 
For  conveying  a  person  to  jail,  twelve  and  an  half  cents. 
For  serving  an  execution,  twenty-five  cents,  for  the  first  two 

dollars  and  fifty  cents  ;  and  at  the  rate  of  six  cents  for  every 

two  dollars  and  fifty  cents  more. 
For  travelling,  if  the  person  summoned  or  arrested  is  taken 

above  one  mile  from  the  place  where  the  court  is  holden, 
•     for  every  mile  going  only,  twelve  and  an  half  cents. 
For  going  with  the  plaintiff  or  defendant  to  procure  security, 

in  cases  where  it  is  ordered  by  the  court,  twenty-five  cents. 
For  notifying  defendant  to  give  security  in  cases  where  it 

is  ordered  by  the  court,  where  the  defendant  is  not  in 

court,  twelve  and  an  half  cents.     . 
For  notifying  plaintiff  for  trial,  twelve  and  an  half  cents. 
For  serving  a  subpoena  on  each  witness,  twelve  and  an  half 

cents. 

Jurors'  Fees. 

For  every  cause  tried,  each,  twelve  and  an  half  cents. 


Constables'  and 
marshals'  fees. 


Jurors'  fce«. 


Fees  to  Witnesses,  and  charges  for  summoning  them. 

For  each  witness  attending  and  sworn,  twelve  and  an  half  witnesses' fee*. 

cents. 
For  serving  a  subpoena  on  each  witness,  twelve  and  an  half 

cents. 

Fees  to  Jailer. 

For  receiving  a   person  committed  on  warrant,  mittimus,     jaiiers'  few. 
commitment  or  execution,  fifty  cents,  and  no  more,  under 
the  pretence  or  by  virtue  of  any  other  law  of  this  state. 


40e  MARINE  COURT. 

35.  §  CXLI.  And  be  it  further  enacted,  That  the  whole 
amount  of  the  money  to  be  levied  or  paid  upon  any  execution, 
to  be  issued  by  virtue  of  this  act,  exclusive  of  poundage^ 
shall  be  mentioned  therein,  including  the  costs  of  suit ;  and 
the  assistant  justice  issuing  the  same,  or  the  clerks  of  the  jus- 
tices' court,  as  "the  case  may  be,  shall  endorse  on  every  exe- 
cution the  amount  of  the  debt  or  damages  and  costs,  and  also 
the  amount  of  poundage  separately  and  distinctly,  which  are 
to  be  levied  and  paid  thereon,  and  sign  his  name  to  the 
said  endorsement ;  and  the  constable  or  marshal  to  whom 
such  execution  shall  be  delivered,  shall  not  demand  the  fees 
for  serving  the  same  until  it  shall  be  served,  nor  shall  the 
poundage  be  paid  or  retained  only  in  proportion  to  the  sum 
received  on  such  execution. 

Constable  or       36.  §  CXLll.  Audhc  it  further  enacted,  That  in  case  any 

marshal  in  what  ■'  J  ^  J 

•cases  to  be  pro-  coustablc  or  marshal  shall  be  prosecuted  for  any  money  col- 

hibited  from  ser-  ^  j  j 

ving  process.  lectcd  by  him  in  his  official  capacity,  and  retained  by  him,  or 
shall  be  guilty  of  any  disorderly  or  improper  conduct  in  or 
towards  either  of  the  said  courts,  to  be  held  by  virtue  of  this 
act;  then  and  im such  case  it  shall  be  lawful  for  the  said 
court,  in  its  discretion,  to  prohibit  such  constable  or  marshal 
to  serve  or  execute  any  process  or  execution  thereafter  to 
be  Issued  out  of  such  court  in  any  civil  cause  whatsoever. 

Certiorari  how      37,  R  CXLIII.  And  he  it  further  enacted.  That  no  judgment, 

to  be  obtained.  '  -'  '  j       o  ^ 

order  or  proceeding  whatsoever  to  be  had  or  made  by  virtue 
of  this  act,  shall  be  removed  by  habeas  corpus,  or  writ  of 
error,  or  false  judgment,  nor  shall  any  certiorari  be  allowed 
to  remove  any  judgment,  order  or  proceeding  whatsoever, 
to  be  had  by  virtue  of  this  act,  unless  the  party  applying  for 
such  certiorari  shall,  within  thirty  days  after  such  judgment 
given,  make  satisfactory  affidavit  that  there  is  reasonable 
cause  for  granting  such  certiorari  -to  remove  such  judgment, 
order  or  proceeding,  either  for  error  therein  or  for  some  un- 
fair practice  in  the  assistant  justice  or  justices'  court,  before 
whom  the  said  cause  shall  have  been  tried,  which  shall  be 
particularly  specified  in  such  affidavit ;  which  affidavit  may 
be  made  before  one  of  the- justices  of  the  supreme  court,  or 
the  mayor  or  recorder  of  the  city  of  New- York,  or  before 
one  of  the  commissioners  for  taking  affidavits,  to  be  read  in 
the  said  supreme  court,  which  affidavit  shall  be  left  with  the 


MARINE  COURT.  497 

j ad  1,^0  or  recorder  who  may  allow  such  certiorari ;  and  every 
person  who  shall  bring  such  certiorari,  shall,  at  the  time  he 
serves   the   same,  deliver  to  the  assistant  justice,  or  court 
who  gave  the  judgment,  a  copy  of  the  affidavit  upon  which 
the  certiorari  was  obtained ;  and  it  shall  be  the  duty  of  the 
assistant  justice,  or  court  making  return  to  the  said  certiorari', 
to  return  specially  as  to  the  facts  set  forth  in  the  affidavit, 
and  annex  the  copy  of  the  affidavit  on  which  the  certiorari 
WMs  obtained  to  the  return ;  and  if  any  certiorari  or  other 
writ   shall  be  granted  or  issued,  otherwise  than  as  above 
mentioned,  tlie  same  shall  be  void  and  of  no  effect :  And  fur-   Not  to  stay  exe- 
tker,  That  no  execution  upon  any  judgment  to  be  given  by  ^^'^^^^  '■'-^^"'"^  ^^ 
virtue  of  this  act,  shall  be  prevented  or  stayed  by  any  cer- 
tiorari or  other  writ,  in  case  the  party  in  whose  favour  such 
judgment  shall  be  given,  shall  give  such  security  as  may  be 
satisfactory  to  the  court,  to  restore  the  debt  or  damages  for 
w^hich  such  judgment  shall  be  obtained,  with  the  interest  and 
costs,  in  case  such  judgment  should  be  reversed;  and  if  any  SiVVr"  "JJilemii 
judgment  to  be  given  by  virtue  of  this  act,  shall  be  removed  b/'^whour'to'ija 
into  the  supreme  court  by  certiorari,  and  be  there  confirmed,  ^^^^'^' 
then  the  party  prosecuting  such  certiorari,  shall  pay  to  the 
adv^ersc  party  all  costs  of  defending  such  suit  in  the  supreme 
court,  to  l)e  taxed,  and  the  party  entitled  to  such  costs,  shall 
and  may  have  execution  for  the  same  out  of  the  said  supreme 
court,  against  the  body  or  goods  and  chattels  of  the  party 
who  ought  to  pay  the  same  ;  but  if  such  judgment  shall  be 
reversed,  then  the  party  procuring  such  certiorari  shall  re- 
cover his  or  her  costs  in  like  manner  :  Provided  alwai/s^  That    8,,,,,.^,^  roun 
in  all  judgments  removed  by  certiorari  as  aforesaid,  the  su-  ^nfJordinR''''"?^ 
preme  court  shall  proceed  and  give  judgment  according  as  ga'atofoJm.^''^ 
the  very  right  of  the  case  shall  appear,  without  regarding 
any  imperfection,  omission  or  defect  in  the  proceedings  in 
the  court  below  in  mere  matter  of  form,  and  that  so  much  of 
the  said  act,  entitled  •' an  act  concerning  amendmcnis  and 
jocfails,"  as  may  be  applicable,  shall  be  deemed  at  all  times 
to  apply  as  fully  to  judgments  and  proceedings  under  this  act, 
as  to  jadgmonts  and  proceedings  in  any  other  court  of  re- 
cord in  this  state. 

;>'S.  ^  CXLIV.   And  be  it  farther  enacted,  That  all  the  at-     Attnruits,  &r. 

•  1        •  1  •        linl'lH   to  suit  iih 

tornies  and  other  onicers  oi  any  court,  except  durmg  the  sit-  oAwt  persons, 
ting  thereof,  may  be  proceeded  against  under  this  act  in  like 

03 


4i>8  MARINE  COURT. 

manner  as  other  persons,  any  law,  usage  or  custom  to  the 
contrary  notwithstanding. 

cuung""^"'tim^  ^^'  §  CXLV.  And  be  it  farther  enacted,  That  if  any  person 
J.?"nTe'or  mayor's  or  persons  shall  prosecuto  any  action  in  the  supreme  court  of 
incertaircas^e's!  this  statc,  or  in  the  uiayor's  court  in  the  city  of  New-York» 
and  it  shall  appear  to  the  court  wherein  such  action  shall  be 
prosecuted,  at  the  trial  thereof,  that  the  same  is  within  the 
provision  of  this  act,  as  respects  suits  by  and  between  sea- 
men, mariners  and  others,  belonging  to  any  ship  or  vessel  in 
any  merchant  service,  the  plaintiff  or  plaintiffs  shall  not  be 
entitled  to  recover  costs,  but  shall  pay  costs  to  the  defendant 
rroviBo.  or  defendants,  in  such  case  to  be  taxed  :  Pj^ovided  neverthe- 
less, That  if  any  suit  or  action,  which  is  so  within  the  provi- 
sion of  this  act,  shall  be  prosecuted  in  the  supreme  or  mayors 
court,  for  any  sum  above  fifty  dollars,  if  the  plaintiff  shall  re- 
cover in  the  said  mayor's  court,  more  than  fifty  dollars,  or  in 
the  said  supreme  court  more  than  one  hundred  dollars,  he 
shall  not  be  barred  of  his  right  to  recover  costs. 

By  the  one  hundred  and  forty-sixth  section,  the  mayor,  re- 
corder and  aldermen  arc  to  hold  sessions,  and  to  have  the 
power  of  justices  of  the  peace. 


ciork  Of  jusii-      40.  §  CXLVII.  And  he  it   further  enacted,    That  every 

ces' court  to  give  .  ,    ,  .  . 

i>an<i.  clerk  to  be  appointed  by  virtue  of  this  act,  shall,  before  he 

shall  be  permitted  to  enter  upon  the  official  duties  of  his  office, 
enter  into  bond  with  one  or  more  sufficient  surety  or  sure- 
ties, to  the  mayor,  aldermen  and  commonalty  of  the  city  of 
New- York,  in  the  penal  sum  of  two  thousand  five  hundred 
dollars,  jointly  and  severally,  to  answer  the  said  mayor,  al- 
dermen and  commonalty,  and  the  parties,  if  any  shall  com- 
condition  plain,  and  conditioned  that  such  clerk  shall  well  and  faithfully 
execute  the  said  office  of  clerk,  without  fraud,  deceit  or  op- 
pression ;  and  every  person  who  is  now  elected,  or  appointed 
to  the  office  of  constable  or  marshal  in  the  said  city,  and 
Constable  and  evcrv  pcrson  who  shall  hereafter  be  elected  or  appointed  to 

marshal  to  give  •'    ■'^  i      i    •        i 

bond.  i\^Q  office  of  constable  or  marshal  m  the  said  city,  shall,  be- 

fore he  shall  be  permitted  to  execute  the  said  office,  enter 
into  bond,  with  one  or  more  sufficient  surety  or  sureties  to 
the  said  mayor,  aldermen  and  commonalty,  in  the  penal  sum 
of  five  hundred  dollars,  jointly  and  severally,  to  answer  to 


MARINE  COURT.  499 

the  said  mayor,  aldermen  and  commonalty,  and  the  parties 
if  any  shall  complain,  and  conditioned  that  such  constable  or       ^Zr^^r 
marshal  shall  well  and  faithfully,  in  all  things,  perform  and 
execute  the  duties  of  the  said  office  of  constable  or  marshal 
without  fraud,  deceit  or  oppression ;  all  which  said  bonds  p^^lJ^iif^^^.^yo?! 
shall  be  delivered  to  the  said  mayor  of  the  said  city,  who 
shall  judge  of,  and  determine  the  competency  of  the  sureties, 
and  shall  file  the  said  bonds  in  the  office  of  the  clerk  of  the    ^^"Jyj^*''^ 
said  city  and  county :  And  in  case  of  any  recovery  by  any 
person  agrieved,  against  either  such  clerk,  constable  or  mar- 
shal, for  any  default  or  misconduct  in  office,  it  shall  be  lawful 
for  the  presiding  judge  or  judges  of  the  mayors  court  of  the 
said  city,  upon  motion  in  open  court,  and  upon  shewing  that  S'pR>Sngs 
such  recovery  hath  been  had,  and  that  the  said  judgment  is,  ^^e'^"?*^"- 
at  the  time  of  making  the  said  motion,  unsatisfied,  to  order 
the  bond  so  given  by  such  clerk,  constable  or  marshal,  to  be 
putjn  suit  against  such  cicrk,  constable,  or  marshal,  or  his 
surety  or  sureties,  or  all,  or  any,  or  either  of  them,  and  when 
judgment  shall  be  obtained  on  such  bond,  the  said  mayor's 
court   shall, ,  upon  motion   in   open  court,  direct   so  much 
money  to  be  levied  thereon  as  shall  be  sufficient  to  pay  the 
party,  the  debt  or  damages  so  recovered,  with  costs,  and  to 
be  paid  to  such  party  agrieved  ;  but  if  such  clerk,  constable 
or  marshal,  or  his  surety  or  sureties,  or  either  of  them,  shall 
pay  the  debt  or  damages  so  recovered,  with  costs,  then  such 
suit  on  such  bond  shall  be  stayed,  and  be  no  further  prose-     suUs  when 

•^  .         ^  stayed. 

cute  :  And  further  J  That  if  after  judgment  obtained  upon  Further  j-ums 
such  bond,  any  other  party  agrieved,  and  who  shall  have  ro-  .uch  bonds.  *'" 
covered  any  debt  or  damages  against  such  clerk,  constable, 
or  marshal,  for  any  default  or  misconduct  in  his  office,  shall 
apply  as  aforesaid,  to  the  said  mayor's  court  for  relief,  the 
said  court  shall  direct  such  further  sum  to  be  levied  on  the 
judgment  on  such  bond,  as  shall  be  sufficient  to  pay  the  debt 
or  damages  so  recovered,  with  costs,  and  to  be  paid  to  such 
party  agrieved,  and  so  often  as  any  recovery  shall  be  had 
against  such  clerk,  constable  or  marshal,  for  any  misconduct 
or  default  in  office :  Provided,  That  the  surety  or  sureties  in 
such  bond  shall  not  be  charged  beyond  the  amount  of  the  sums 
respectively  in  which  they  shall  be  bound  in  each  bond  :  And 
provided,  If  two  or  more  such  recoveries  shall  be  had  against  < 
such  clerk,  constable  or  marshal,  at  the  same  time  amounting 
together  to  more  than  the  whole  amount  of  the  sum  contained 


500  MARINE  COURT. 

in  such  bond,  then  the  said  court  shall  order  the  monies  to 
be  levied  thereupon,  to  be  distributed  to  the  parties  respec- 
tively, in  proportion  to  the  res|)ective  amount  of  their  re- 
constabie  or    spcctivc  recovcries :  And  further,  If  anv  constable  or  mar^ 

marshal  not  to       ^  ^  i  "^  r  i  j 

•xecute  process  shal   HOW   elcctcd  or  appointed,    or   hereafter    elected   or 

l)cforc     civin"" 

bond.  °    appointed,  shall  refuse  to  enter  into  bond  as  aforesaid,  such 

constable  or  marshal  shall  not  be  permitted  to  execute  any 
process  which  shall  issue  out  of  either  of  the  courts  created 
and  established  in  and  by  this  act,  in  any  civil  case  whatso- 
ever, until  he  shall  enter  into  bond  as  aforesaid. 

Further  jurisdic-       41.  §  CXLVIII.  And  he  itfurtkev  enacted,  That  the  said 

tion  of  juBlicea'  ,         .  "■ 

court.  justices'  court  shall  have  cognizance  of  suits  on  surety  bonds 

taken  in  the  said  court,  and  that  all  bonds  which  may  hereaf- 
ter be  taken  upon  the  adjournment  of  any  cause,  shall  be  con- 

(Viiainhon.i.'.de-  sidcrcd  good  and  valid  against  the  obligor  or  obligors, 
although  subsequent  adjournments  are  had  after  the  execu- 
tion of  such  bond  or  oblicjation. 


dared  va  iti. 


ecu  tion  how  to 
issue. 


Suits  for  penal-  42.  §  CXLIX.  And  he  it  further  enacted.  That  in  every 
mencedrand'e™-  suit  to  bc  brought  beforc  thc  said  justices,  or  assistant  justi- 
ces, for  any  penalty  contained  in  this  act,  or  in  the  charter  of 
the  city  of  New- York,  or  in  any  law  or  ordinance  of  the  com- 
mon council  of  the  said  city  ;  a  warrant  (if  required)  shall 
issue  in  the  first  instance,  and  as  soon  as  judgment  shall  be 
obtained  for  such  penalty,  execution  shall  issue  for  the  same 
with  costs  of  suit,  without  any  respite  or  delay  ;  which  exe- 
cution shall  be  against  the  goods  and  chattels  of  the  defendant 
or  defendants,  and  for  want  of  such  goods  and  chattels  against 
his,  her  or  their  body  or  bodies,  and  shall  be  contained  in  one 
and  the  same  precept. 

See  Title  "  Assistant  Justices"  and  the  notes  thereto,  for 
several  matters  applying  to  this  Court. 


MASTERS  AND  EXAxMINERS  IN  CHANCERY.  501 


MASQUERADES. 

1.  Prohibition  of  masqueradea. 

2.  Penalty  for  violation. 

AN  ACT  for  the  prevention  of  Masquerades. 

Parsed  April  25.  1829,  Chap.  270,  p.  401. 

1.  §  1.  It  shall  not  be  lawful  for  any  proprietor,  manager  prSted""'** 
or  keeper  of  any  theatre,  circus,  public  garden,  public  house, 

public  hall  or  premises,  or  other  place  of  public  meeting,  re- 
sort or  amusement  whatsoever,  within  the  city  and  county 
of  New- York,  or  within  the  village  of  Brooklyn,  for  admis- 
sion to  which  any  price  or  pay  is  demanded,  to  allow  or 
permit  in  the  same  any  masquerade  or  masquerade  ball,  or 
any  assemblage  of  persons  masqued. 

2.  §  2.  Any  person  ofiending  against  the  provisions  of  this       Penalty, 
act,  in  the  city  of  New- York,  shall  forfeit  to  the  mayor,  alder- 
men and  commonalty  of  the  said  city,  the  sum  of  one  thou- 
sand dollars,  and  in  the  village  of  Brooklyn,  to  the  trustees 

of  the  said  village,  the  sum  of  one  thousand  dollars,  to  be 
recovered  in  any  court  having  competent  jurisdiction. 


Masters  and  Examiners  in  Chancery- 

Vide  "OFFICERS." 

1.  The  governor  authorized  to  appoint  ton  niastcra  and  examiners  in  chancery. 

2.  Powerg  of. 

3.  Suspension  of. 

AN  ACT  in  relation  to  Masters  and  Examiners  in  Chancery 
in  the  Cities  of  Netv-York  and  Albany. 

Passed  April  25,  1829,  chap.  272,  p.  401. 

1.  §  I.  It  shall  be  lawful  for  the  governor,  by  and  with  the 
consent  of  the  senate,  to  appoint,  from  and  after  the  first  day 
of  January,  one  thousand  eight  hundred  and  thirty,  ten  mas- 
ters in  chancery,  in  and  for  the  city  and  county  of  New- 


502 


Ma8t«rii  and  ex 
aminerain  chan* 
eery. 


MASTER  AND  WARDENS. 

York,  and  five  in  and  for  the  city  and  county  of  Albany,  and 
three  examiners  in  chancery  for  t^ie  city  of  New- York. 

Revised  Statutes,  Part  3,  Chap.  3,  Title  2,  Article  2. 

2.  §  42.  Masters  and  examiners  in  chancery,  shall  possess  all 
the  powers  and  authority  usually  exercised  by  masters  and 
examiners  in  chancery  respectively,  according  to  the  practice 
of  that  court,  and  all  such  other  powers  as  shall  be  conferred 
on  them  by  the  court  according  to  law,  or  by  any  statute  ;  and 
shall  be  ameanable  to  such  court  for  the  correct  discharge  of 
such  duties. 


May  be  sus- 
pended. 


Proc««dingB. 


3.  §  43.  Masters  and  examiners  in  chancery  may  be  suspend- 
ed by  the  chancellor  from  the  exercise  of  the  powers  and 
duties  of  their  office,  in  case  of  gross  misconduct  therein, 
after  due  notice  and  a  full  opportunity  of  making  a  defence, 
shall  have  been  given  to  them  ;  and  the  chancellor  shall  im- 
mediately report  such  suspension,  with  the  reasons  therefor, 
to  the  governor,  to  the  end  that  such  master  or  examiner 
may  be  removed  from  office  by  the  governor  and  senate. 


MASTER  AND  WARDENS, 


CHAP.  XVIII. 

1.  Board  of  wardens  established. 

2.  To  take  an  oath. 

3.  To  appoint  a  clerk. 

4.  Foreign  vessels  to  be  reported. 

5.  Vessels  unfit  for  sea,  how  to  be  inspected. 

6.  Emoluments  to  be  equally  divided. 


AN  ACT  to  amend  an  act,  entitled  ''An  act  to  reduce  sevieral 
laws  relating  particularly  to  the  City  of  New-York  into  one 
act,  so  far  as  the  same  relates  to  the  Master  and  Wardens, 
Harbor  Masters  and  Pilots  of  the  Port  of  New-York,  and 
their  duties,  and  for  other  pu7y?'ses" 

Passed  February  19,  1819. 

Board  ©f  war-       1  §  1.  Be  it  euacted  by  the  People  of  the  State  of  New-York, 

ileus  established.  ^  .  t  \i        rni 

represented  in  Senate  and  Assembly,    ihat  there  shall  be  and 
hereby  is  established  a  board  of  wardens  for  the  port  of  New- 

*  Vid9  Title  "  Pilots." 


MASTER  AND  WARDENS.  503 

York,  to  consist  of  a  master  and  five  wardens  ;  and  that  it 
shall  and  may  be  lawful  to  and  for  the  person  administering 
the  government  of  this  state  for  the  time  being,  by  and  with 
the  advice  and  consent  of  the  council  of  appointment,  from 
time  to  time,  and  as  often  as  shall  be  necessary,  to  appoint 
one  fit  and  proper  person  to  be  master,  and  five  other  fit  and 
proper  persons  to  be  wardens  of  the  said  port  of  New- York,  ^to  be  experien- 

,  1      11  1  •  1  1         •  111*      <^<^d    Eeamen    or 

who  shall  be  experienced  seamen,  havmg  commanded  a  ship  piiot«. 
for  two  or  more  years,  or  who  shall  have  been  branch  pilots 
to  and  from  the  port  of  New- York,  who  shall  respectively 
hold  their  ofl^ces  during  the  pleasure  of  the  said  council ; 
and  that  the  said  master  and  wardens,  and  their  successors 
in  office,  shall  compose  the  said  board  of  wardens  hereby 
established,  and  shall  be  called  and  known  by  the  name  of 
^'  the  master  and  wardens  of  the  port  of  New- York,"  and  Name. 
shall  have  full  power  and  authority  to  have  and  use  a  com- 
mon seal,  with  such  device  as  they  may  think  proper,  and  the 
same  to  break,  alter  and  renew  at  their  pleasure ;  and  the 
said  master  shall  have  power  and  authority  to  administer  to 
any  person  or  persons,  any  oath  or  oaths,  affirmation  or  affir- 
mations, touching  or  concerning  the  business  of  the  said 
board  of  wardens :  And  further,  That  all  fines,  penalties 
and  forfeitures  arising  under  such  parts  of  this  act  as  relates 
to  the  master  and  wardens  aforesaid,  or  the  rules  and  regu- 
lations to  be  made  by  the  said  board  of  wardens,  in  pursu- 
ance thereof,  shall  and  may  be  sued  for  and  recovered,  in  any 
court  having  cognizance  thereof,  by  the  said  board  of  war- 
dens, or  their  successors,  by  their  said  name  of  "  the  masters 
and  wardens  of  the  port  of  New- York  :"  Provided  however,  P'oviso. 
That  the  several  persons  who  now  are  master  and  wardens 
of  the  said  port  of  New- York,  shall  and  may  respectively  con- 
tinue in  office  until  they  shall  respectively  be  superseded,  or 
others  shall  be  appointed  in  their  stead. 

2.  §  II.  And  be  it  further  enacted,  That  each  and  every  per-  To  take  an  oath, 
son  who  hath  been,  or  at  any  time  hereafter  shall  be  appoint- 
ed to  be  master  or  wardens  of  the  port  of  New-York,  shall, 
before  he  enters  upon  the  duties  of  his  ofl^ce,  to  take  and 
subscribe  an  oath  or  affirmation  before  the  mayor,  recorder, 
or  one  of  the  aldermen  of  the  city  of  New- York,  in  the  fol- 
lowing words:  '•  I, ,  will  well,  truly  and  faith- 
fully, according  to  the  best  of  my  skill  and  understanding, 


504  MASTER  AND  WARDENS. 

execute  and  perform  the  powers  and  duties  vested  in  or  en- 
joined upon  me  by  law,  as  master," (or  as  one  of  the  wardens, 
as  the  case  may  be,)  of  the  port  of  New- York ;"  which  oath 
or  affirmation  shall  be  filed  in  the  office  of  the  clerk  of  the 
city  and  county  of  New-York. 

To  appoint  clerk.  3.  §  HI.  And  he  it  farther  eiiocted,  That  the  said  board  of 
wardens,  or  a  majority  of  them,  shall  and  may,  from  time  to 
time,  appoint  a  clerk,  who  shall  not  be  one  of  the  said  board; 
and  which  said  board  or  wardens  shall  keep  an  office  in  the 
city  of  New- York,  at  which  office,  a  majority  of  the  said  mas- 
ter and  wardens,  and  their  clerk,  shall  give  attendance  daily, 
(Sundays  and  public  holidays,  and  the  fourth  day  of  July  ex- 
cepted) and  that  the  said  board  of  wardens  shall  cause  to  be 
made,  and  kept  by  their  clerk,  in  a  book  or  books  by  them  to 
be  provided  for  that  purpose,  regular  and  fair  minutes  and 
entries  of  all  orders,  regulations,  transactions  and  proceed- 
ings of  the  said  board,  under  and  by  virtue  of  this  act;  and 
which  said  book  or  books  of  entries,  shall  and  may  be  in- 
spected by  any  person  or  persons  desiring  to  inspect  the 
same,  such  person  or  persons  desiring  to  inspect  the  same, 
-  paying  to  the  said  clerk  twelve  and  an  half  cents  each 
time  the  said  books  shall,  at  his  or  their  request,  be  opened 
and  examined :  And  farther,  That  the  said  clerk  shall  give 
true  copies  of  any  such  entries  or  minutes,  so  to  be  made  in 
the  said  book  or  books,  to  such  person  or  persons  as  may  re- 
quire the  same,  such  person  or  persons  paying  therefor  to  the 
said  clerk  one  cent  for  every  twelve  words  or  figures  such 
copy  shall  contain. 

Foreign  vesscia         4.  §  lY.  And  hz  It  farther  euacted,  That  the  master,  or  one 

to  btt  reported  to  .  >  •     •  ^  xT 

the  board.  01  the  owncrs  or  consignees,  oi  ev^ery  vessel  arriving  at  tne 

port  of  New-York,  (except  vessels  belonging  to  a  citizen  or 
citizens  of  the  United  States,  and  excepting  also  the  vessels 
of  other  nations  that  are  permitted  by  the  laws  of  the  United 
States  to  enter  on  the  same  terms  as  vessels  belonging  to  a 
citizen  or  citizens  of  the  United  States)  shall  report  such  ves- 
sel at  the  office  of  the  said  board  of  wardens,  within  forty- 
eight  hours  after  the  arrival  of  such  vessel  at  the  said  port  of 
New-York,  under  the  penalty  of  fifty  dollars  for  each  and 
every  neglect  or  omission  so  to  do  ;  and  shall,  at  the  time  of 
making  such  report,  pay  to  the  said  board  of  wardens,  for 


MASTER  AND  WARDENS.  fi05 

each  respective  vessel,  (one  fourth  part  thereof  for  the  use 

of  the  pilot  who  shall  have  so  piloted  and*  made  report  of 

such  vessel,  as  herein  before  directed,  and  the  residue  thereof 

for  the  use  of  the  said- master  and  wardens)  the  sums  follow-  Jife^^arden»'!''**° 

in_^ :  that  is  to  say,  the  sum  of  four  dollars  if  of  less  than  one 

hundred  tons  burthen,  and  the  sum  of  six  dollars  if  of  the 

burthen  of  more  than  one  hundred  and  less  than  two  hundred 

toils,  and  the  sum  of  eight  dollars  if  of  the  burthen  of  two 

hundred  tons,,  or  more,  but  of  less  than  three  hundred  tons 

burthen,  and  the  sum  often  dollars  if  of  the  burthen  of  three 

hundred   tons  or  upwards  ;  which  said  respective  sums,  so 

made  payable  for  such  vessels  respectively,  so  arriving  at 

the  said  port  of  New- York,  shall  and  may  be  sued  for  and 

recovered,  with  costs  of  suit,  in  an  action  of  debt,  or  upon 

the  case,  by  the  said  board  of  wardens  by  their  said  name 

"  the  master  and  wardens  of  the  port  of  New- York,"  of 

or  from  the  master,  or  the  owner  or  owners  or  consignees 

of  such  vessel,  or  any  or  either  of  them,  in  any  court  having 

cognizance  thereof. 

5.  §  V.  And  he  it  further  enacted,  That  the  said  master  and  seaTow  uTue  S- 
wardens  of  the  said  port  of  New- York,  or  any  two  of  them,  ^v^*"^*"^- 
with  tlie  assistance  of  one  or  more  skilful  carpenters,  shall 
be  surveyors  of  any  vessel  deemed  unfit  to  proceed  to  sea; 
and  the  said  master  and  wardens,  or  any  two  of  them,  shalllbe 
judges  of  the  repairs- which  may  be  necessary  for  the  safety 
of  such  vessel  on  the  intended  voyage  ;  and  in  all  cases  of  t^  b"J's,f,|17,£ 
vessels  and  goods  arriving  damaged,  and  by  the  owner  or  [lie  JvS'Ss""  ° 
consignees  required  to  be  sold  at  public  auction,  on  account 
of  such  damage,  and  for  the  benefit  of  underwriters  out  of  the 
city  of  N'ew-York,  such  sale  shall  be  made  under  the  inspec- 
tion of  the  master  and  wardens,  or  some  one  of  them,  which 
master  and  wardens  shall,  when  required  by  the  owner  or 
consignees  aforesaid,  certify  the  cause  of  such  damage,  the 
amount  of  sale  of  such  vessel  or  goods,  and  the  charges  at- 
tending the  sale,  and  shall  be  allowed  for  their  services  on 
board  of,  or  relating  to  vessels  or  goods  belonging  to  a  citi- 
zen or  citizens  of*  the  United  States,  or  to  vessels  or  goods 
belonging  to  citizens  or  su}>jects  of  other  nations  that  are  per- 
mitted, by  the  laws  of  the  United  States,  at  and  after  the  rate 
of  one  and  n  half  per  cent,  on  the  gross  amount  of  sales 
thereof:  and  for  each  and  every  survev  on  board  of  anv  f  ec?  to  be  paid 

CM 


506  MASTER  AND  WARDENS. 

ship  or  vessel,  or  at  any  store  in  the  city  of  New- York,  or 
along  the  docks  or  wharves  thereqf,  on  damaged  goods,  they 
shall  severally  be  allowed  the  sum  of  one  dollar  and  fifty 
cents  ;  for  each  and  every  certificate,  given  in  consequence 
of  damaged  goods,  one  dollar  and  twenty-five  cents  ;  and  for 
every  survey  on  board  of  any  ship  or  vessel,  put  into  the  said 
port  in  distress,  to  ascertain  the  damages  sustained,  they  shall 
severally  be  allowed  the  sum  of  two  dollars  and  fifty  cents ; 
and  for  each  and  every  certificate  given  of  damages  sustained 
by  any  ship  or  vessel,  put  into  the  said  port  in  distress,  and 
recording  the  same,  two  dollars  and  fifty  cents  ;  and  shall,  in 
like  manner,  be  allowed  for  their  services  on  board  of  or  re- 
lating to  any  vessel  paying  foreign  duties  and  tonnage,  for 
the  services  aforesaid,  double  the  amount  of  fees  herein  above 
specified. 

bfriardfvhu      ^-  ^  ^^'  ^^^^  ^^  it  further  enacted.  That  all  the  emoluments 
*^-  granted  to  the  master  and  wardens  by  tfeis  act,  shall  be  equally 

divided  amongst  them  and  their  clerk.* 


MAYOR— Salary  of,  &c. 

Sect.  1.  Clerk  and  mayoralty  fees  granted  to  tlie  corporation. 

2.  Salary  ol  tlie  mayor  fixed  by  tiiu  common  council ;  out  of  what  funds,  and  how  paid. 
■  t.  The  last  section  qualified. 

Act  to  Reduce,  SfC,     Revised  Laws  of  1813,  Vol  2,  p.  405. 

Office  of  clerk  of  1.  §  CXLVIII.  And  he  it  further  enacted,  Th3.t  the  office 
ni'ayo"nut^y  '  fJes  of  clcrk  of  the  market  within  the  city  of  New- York,  and  all 
corporation  of  n!  and  singular  the  fees  and  profits,  revenues  and  emoluments, 
granted  by  the  charter  of  the  city  of  New- York  to  the  mayor 
of  the  said  city,  or  which  the  said  mayor  by  the  said  charter, 
or  by  any  law  or  usage,  is  entitled  unto  or  allowed  to  receive 
and  take  to  his  own  use,  except  the  fees  and  perquisites 
which  he  is  by  law  entitled  to  as  judge  of  the  court  of  com- 
mon pleas,  called  the  mayor's  court,  be  and  the  same  hereby 
are  granted  to  and  vested  in  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New- York,  and  their  successors  for 
ever,  that  it  shall  not  be  lawful  to  or  for  any  mayor  of  the  said, 
city  of  New- York,  at  any  time  after  the  passing  of  this  act,  to 
receive  or  take  to  his  own  use,  any  of  the  said  fees,  profits, 

*  Vide  title  "  Pilots." 


MASTER  AND  WARDENS.  507 

revenues  and  emoluments,  granted  to  and  vested  in  the  said 
mayor,  aldermen  and  commonalty  of  the  said  city  of  New- 
York,  by  this  act  as  herein  aforesaid  ;  but  that  the  said  fees, 
profits,  revenues  and  emoluments,  and  every  part  thereof, 
shall  and  may  hereafter  be  received  and  taken  by  the  said 
mayor,  aldermen  and  commonalty  of  the  said  city  of  New- 
York,  or  such  officers  and  persons  as  they  may,  from  time 
to  time  see  fit  to  appoint  for  the  purpose,  to  be  used  and  ap- 
plied to  the  public  use  of  the  said  mayor,  aldermen  and  com- 
monalty of  the  said  city  of  New- York,  and  their  successors 
for  ever. 

2.  §  CLXIX.  And  be  it  farther  enacted,  That  the  mayor  of    salary  of  the 
the  said  city  of  New- York,  shall  and  may  be  allowed,  and  by  com.  council. 
have  to  his  own  use,  for  his  compensation  as  mayor  of  the     Not  to  oxcced 
said  city  of  New- York,  such  part  or  proportion  of  the  said  than  $5500. 
fees,  profits,  revenues  and  emoluments,  or  any  of  them,  not 
exceeding  in  amount  the  sum  of  seven  thousand,  nor  less  than 
the  sum  of  five  thousand  five  hundred  dollars,  as  the  said 
mayor,  aldermen  and  commonalty  of  the  said  city  of  New- 
York,  or  their  successors,  in  common  council  convened,  shall 
from  time  to  time  think  proper  to  allow  him :  Provided^  That   To  be  paid  om 

^        '■  of  mayoralty 

it  shall  be  lawful  to  and  for  the  said  mayor,  aldermen  and   le*"'  «"■  ^'^°'" 

^  •'  city  treaiurer. 

commonalty  of  the  said  city  of  New- York,  in  common  council 
convened,  at  any  time  or  times  to  allow  and  pay  out  of  the 
city  treasury,  to  the  mayor  of  the  said  city  for  the  time  being, 
as  and  for  his  compensation,  a  yearly  sum  not  exceeding 
seven  thousand  dollars,  nor  less  than  five  thousand  five  hun- 
dred dollars,  to  be  paid  in  quarterly  payments,  in  equal 
proportions,  on  such  days  as  the  said  common  council  shall 
appoint  for  the  purpose  ;  and  which  said  yearly  sum  or  allow- 
ance shall  be  in  lieu  of  all  fees,  perquisites,  revenues  and 
other  emoluments  whatsoever,  except  only  the  fees  and  per- 
quisites of  the  said  mayor  as  a  judge  of  the  court  of  cpmmon 
pleas,  called  the  mayor's  court:  And  provided  also,  That  the  Mayor's  salary 
compensation  or  allowance  to  the  mayor  of  the  said  city  for  Jii'jnotTo^bedt^ 
the  time  being,  when  settled  and  agreed  upon  by  the  said  SIT  mayijirity." 
mayor,  aldermen  and  commonalty  of  the  said  city  of  New- 
York  as  aforesaid,  shall  not  be  diminished  during  the  said 
mayoralty  of  the  said  mayor. 


508  MECHANICS — ACTS  for  better  security  of. 

Laws  of  1821,  V^pl.  5,  p.  64. 
Salary  to  mayor.  3.  ^  X.  And  be  it  fitrthcT  enacted,  That  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New- York,  shall  pay  out 
of  the  treasmy  of  the  said  city,  to  the  mayor  of  the  said  city, 
for  the  time  being,  the  sum  of  not  less  than  two  thousand 
dollars,  nor  more  than  four  thousand  dollars,  at  their  discre- 
tion, annually,  for  his  services,  to  be  paid  quarter  yearly,  in 
equal  proportions  ;  and  so  much  of  the  act,  entitled  "  An  act 
to  reduce  several  laws  relating  particularly  to  the  city  of 
New- York,  into  one  act,"  as  provides  for  his  receiving  a 
greater  compensation,  be  and  the  same  is  hereby  repealed. 

Vjdeiawsofi83i,      Constitution,  Article  4,  Section  10.     The  mayors  of  all  the 
^'     *  cities  in  this  state  shall  be  appointed  annually  hy  the  com- 

mon councils  of  the  respective  cities. 


MECHANICS— Acts  for  better  secm-ity  of. 

Skct.  1.  Unpaid  accounts  to  be  presented  to  the  owner  of  building. 
2.  Owner  to  furnish  contractor  with  a  copy. 
2.  Difference  between  partias  may  be  arbitrated. 

4.  Accounts  liow  to  be  tinally  settled. 

5.  Liability  of  owner  in  case  of  collusion. 

6.  Provisions  of  the  act  extended. 

7.  Provisions  of  the  act  to  extend  to  parol  agreements. 

8.  Act  when  to  take  eflcct.* 

AN  ACT  for  the  better  Security  of  Mechanics  and  others 
erecting  buildings  in  the  City  and  County  of  New-York. 

Tassed  April  20,  1830,  ch:ip.  330,  p.  412. 

Unpaid  accounts  ^' ^  ^'  Evcry  mechanic,  working  man  or  other  person  do- 
loowEfbutid-i'^g  ^^  performing  any  work  towards  the  erection,  construc- 
»"«•  tion  or  finishing  of  any  building  in  the  city  of  New- York, 

erected  under  a  contract,  in  writing,  bctvvcen  the  owner  and 
builder  or  other  person,  whether  such  work  shall  be  perform- 
ed as  journeyman  laborer,  cartmen,  sub-contractor,  or  other- 
wise, and  whose  demands  for  w^ork  and  labor  done  and  per- 
fprmed  towards  the  erection  of  such  building  has  not  been 
paid  and  satisfied,  may  deliver  to  the  owner  of  such  build- 
ing an  attested  account  of  the  amount  and  value  of  the  work 
and  labor  thus  performed  and  remaining  unpaid ;  and  there- 
upon such  owner  shall  retain,  out  of  his  subsequent  payments 


MECHANICS— ACTS  for  better  security  of.  509 

to  the  contractor,  the  amount  of  such  work  and  labor,  for 
the  benefit  of  the  person  so  performing  the  same. 

2.  §  II.  Whenever  any  account  of  labor  performed  on  a  ^^mTaclorSa 
building  greeted  under  a  contract  in  ^y^iting  as  aforesaid,  <=«?>'• 
shall  be  placed  in  the  hands  of  the  owner  of  such  building, 
or  his  authorized  agent,  it  shall  be  the  duty  of  such  owner 
or  agent  to  furnish  his  contractor  with  a  copy  of  such  papers 
in  order  that  if  there  shall  be  any  disagreement  between 
such  contractor  and  his  creditor,  they  may,  by  amicable  ad- 
justment between  themselves  or  by  arbitration,  ascertain  the 
true  sum  due  ;  and  if  the  contractor  shall  not,  within  ten  days 
after  the  receipt  of  such  papers,  give  the  owner  written  no- 
tice that"  he  intends  to  dispute  the  claim,  or  if  in  ten  days 
after  giving  such  notice,  he  shall  refuse  or  neglect  to  have 
the  matter  adjusted  as  aforesaid,  he  shall  be  considered  as 
assenting  to  the  demand,  and  the  owner  shall  pay  the  same 
when  it  becomes  due. 

• 

3.  ^  III.  If  any  such  contractor  shall  dispute  the  claim  of    Ariutramcm. 
his  journeymen  or  other  person  for  work  and  labor  perform- 
ed as  aforesaid,  and  if  the  matter  can  be  adjusted  amicably 
between  themselves,  it  shall  be  submitted,  on  the  agreement 

of  the  parties,  to  the  arbitrament  of  three  disinterested  per- 
sons, one  to  be  chosen  by  each  of  the  parties,  and  one  by  the 
two  thus  chosen  ;  and  the  decision,  in  writing,  of  such  three 
persons,  or  any  two  of  them,  shall  be  final  and  conclusive  in 
the  case  submitted. 

4.  §  IV.  When  the  amount  due  shall  be  adjusted  and  as-  i^^ZTy  Sd. 
certained  as  above  provided,  and  if  the  contractor  shall  not, 

within  ten  days  after  it  is  so  adjusted  and  ascertained,  pay 
the  sum  due  to  his  creditor,  with  the  costs  incurred,  the 
owner  shall  pay  the  same  out  of  the  fund  as  above  pro- 
vided; and  which  amount  due  maybe  recovered  from  the 
said  owner  by  the  creditor  of  the  said  contractor,  in  an  ac- 
tion for  money  had  and  received  to  the  use  of  the  said  cre- 
ditor, and  to  the  extent  in  value  of  any  balance  due  by  the 
owner  to  his  contractor  under  the  contract  with  him  at  the 
time  of  the  notice  first  given  as  aforesaid,  or  subsequently 
accruing  to  such  contractor  under  the  same,  if  such  amount 
shall  be  less  than  the  sum  due  from  the  said  contractor  to  his 
creditor. 


510  MECHANICS — ACTS  for  better  security  of. 

« iSe^'orco"!      ^-  5  ^'  If  ^y  ^"y  collusion  or  otherwise,  the  owner  of 
lusion.  ^^y.  buii(^ing  erected  by  contract  in  writing  as  aforesaid,  shall 

pay  to  his  contractor  any  money  in  advance  of  the  sum 
due  on  said  contract;  and  if  the  amount  still  due  the 
contractor,  after  such  payment  has  been  made,  shall  be 
insufficient  to  satisfy  the  demand  made  in  conformity  with 
the  provisions  of  this  act  for  work  and  labor  done  and  per- 
formed, the  owner  shall  be  liable  to  the  amount  that  would 
have  been  due  at  time  of  his  receiving  the  account  of  such 
work,  in  the  same  manner  as  if  no  such  payment  had  been 
made. 


CHAP.  CXX. 

AN  ACT  to  amend  ^^An  act  for  the  better  security  of  Me- 
chanics and  others,  erecting  Buildings  in  the  City  and 
County  of  New-York^ 

Passed  April  13,1832  p.  181. 

The  People  of  the  State  of  New-Yorkj  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

6.  §  1.  All  the  provisions  of  the  act  hereby  amended,  shall 
apply  to  the  materials  furnished  and  used  in  the  performance 
of  any  work  by  every  mechanic  and  workman  towards  the 
erection  or  finish  of  any  building  in  the  city  of  New- York, 
which  shall  be  erected  under  the  provisions  of  said  act,  as 
well  as  to  the  work  done  or  performed  towards  such  erection 
or  finish  by  such  mechanic  or  workman  ;  and  the  same  pro- 
ceedings shall  be  had  on  the  account  duly  attested,  of  such 
mechanic  or  working  man  for  work  and  materials  furnished, 
and  the  same  liabilities  incurred  by,  and  enforced  against, 
the  contractor  or  owner  of  such  building,  or  other  person, 
as  those  provided  by  the  act  hereby  amended,  for  work  and 
labor  performed. 

7.  §  2.  The  provisions  of  the  said  act  shall  also  apply  to 
verbal  or  parole  contracts  or  agreements,  as  well  as  to  con- 
tracts in  writing. 

8.  §  3.  This  act  shall  take  effect  immediately  on  the  pas- 
sage thereof. 


NEW- YORK CHARTER  OF  AMENDED.  51 1 


r¥EW-YORK"C!iarter  of  amended. 


Skct.  1.  Legislative  power. 

2.  Aldermen  and  astistants. 

3.  To  be  chosen  for  one  year. 

4.  Annual  election  of  charter  officers. 

5.  First  election. 

6.  Special  election. 

7.  Meeting  and  proceedings  of  the  two  boards. 

8.  To  coniiK-'l  the  attendance  of  members, 

9.  Stated  and  occasional  meetings. 
10.  Laws  may  originate  in  either  board 
IL  Members  not  to  be  appointed  to  office. 
12, 13, 14.  Acts,  Sec.  how  to  be  jiasscd. 

15.  Mayor  and  recorder  m)t  to  be  members  of  the  common  council 
IG.  Vacancy  in  the  office  of  mayor. 

17.  Duty  of  the  Mayor. 

18.  Appropriations. 

19.  Loans. 

20.  Annual  statement  to  be  published. 

21.  Executive  business. 

22.  Accountability  of  officers. 

23.  Clerk  of  common  council. 

24.  Division  of  council  when  to  take  place. 


CHAP.  CXXII. 
AN  ACT  to  amend  the  Charter  of  the  City  of  New-York, 

Paa.-ed  Apr.l  7,  1S30.  p.  125. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

§  I.    The  legislative  power  of    the  corporation  of    the  Legislative  pow- 
city  of  Nevv^-York,  shall  be  vested  in  a  board  of  aldermen 
and  a  board  of  assistants,  who  together  shall  form  the  com- 
mon council  of  the  city. 

§  2.  Each  ward  of  the  city  shall  be  entitled  to  elect  one  N"">bcr  of  aider- 

'  J  men    and     assis- 

person,  to  be  denominated  the  aldermen  of  the  ward ;  and  **"'^- 
the  persons  so  chosen,  together,  shall  form  the  board  of  alder- 
men: And  each  ward  shall  also  be  entitled  to  elect  one  per- 
son, to  be  denominated  an  assistant  alderman;  and  the  per- 
sons so  chosen,  together,  shall  form  the  board  of  assistants. 

\   3.     The    aldermen  and    assisitant  aldermen  shall  be  To  be  chosen  for 
chosen  for  one  year;  and  no  person  shall  be  eligible  to  either    **'^^*'^* 
office,  who  shall,  not,  at  the  time  of  his  election,  be  a  resident 
of -the  ward  for  which  he  is  chosen. 


512  NEW- YORK CHARTER  OF  AMENDED. 

Annual  election      J  4.  The  aniiual   clectioii  for  charter  officers   shall  com- 

of  charter  officers.  i  i     i  /y» 

mence  on  the  second  Tuesday  in  April,  and  the  omcers  elect- 
ed shall  be  sworn  into  office  on  the  second  Tuesday  in  May 
thereafter  :  And  all  the  provisions  of  law  now  in  force  in  re- 
gard to  the  notification,  duration,  and-  conduct  of  elections 
for  members  of  assembly,  and  in  regard  to  the  appointment,- 
powers  and  duties  of  the  inspectors  holding  the  same,  shall 
apply  to  the  annual  election  of  charter  officers. 

First  election.  ^  5.  The  first  clcction  for  charter  officers,  after  the  pas- 
sage of  this  law,  shall  take  place  on  the  second  Tuesday  in 
April,  one  thousand  eight  hundred  and  thirty-one  ;  and  all 
those  persons  who  shall  have  been  elected  under  the  former 
laws  regulating  the  election  of  charter  officers,  and  shall  be 
in  office  at  the  time  of  the  passage  of  this  law,  shall  continue 
in  office  until  the  officers  elected  under  this  law  shall  be  en- 
titled to  be  sworn  into  office. 

Special  eiecUons.  §  0.  The  board  of  aldermen  shall  have  power  to  direct 
a  special  election  to  be  held,  to  supply  the  place  of  any  alder- 
man whose  seat  shall  become  vacant  by  death,  removal  from 
the  city,  resignation  or  otherwise  ;  and  the  board  of  assist- 
ants shall  also  have  power  to  direct  a  special  election,  to  sup- 
ply any  vacancy  that  may  occur  in  the  board  of  assistants  : 
and  in  both  cases,  tlie  person  elected  to  supply  the  vacancy, 
shall  hold  his  seat  only  for  the  residue  of  the  term  of  office  of 
his  immediate  predecessor. 

Meetings  and  pro-       §  7.  The  boards   shall  meet  in  separate  chambers,  and  a 
twcTboSs!    ^'^    majority  of  each  shall  be  a  quorum  to  do  business.     Each 
board  shall  appoint  a  president  from  its  own  body,  and  shall 
also  choose  its  clerk  and  other  officers,  determine  the  rules  of 
its  own  proceedings,  and  be  the  judge  of  the  qualifications  of 
its  own  members.     Each  board  shall  keep  a  journal  of  its 
•     proceedings,  and  the  doors  of  each  shall  be  kept  open,  except 
when  the  public  welfare  shall  require  secrecy  :  And  all  reso- 
lutions and  reports  of  committees,  which  shall  recommend 
any  specific   improvement  involving   the   appropriation  of 
public  monies,  or  taxing  or  assessing  the  citizens  of  said  city, 
shall  be  published  immediately  after  the  adjournment  of  the 
.    board,  under  the  authority  of  the  common  council,  in  all  the 
newspapers  employed  by  the  corporation ;  and  whenever  a 


NEW- YORK CHARTER  OF  AMENDED.  513 

vote  is  taken  in  relation  thereto,  the  ayes  and  noes  shall  be 
called  and  published  in  the  same  manner. 

§  8.  Each  board  shall  have  the  authority  to  compel  the  ^nSalTce^J/JfeJj: 
attendance  of  absent  members,  to  punish  its  members  for  dis-  *'"^»  ^^• 
orderly  behaviour,  and  to  expel  a  member,  with  the  concur- 
rence of  two- thirds  of  the  members  elected  to  the  board  ;  and 
the  member  so  expelled,  shall,  by  such  expulsion,  forfeit  all 
his  rights  and  powers  as  an  alderman  or  assistant  alderman. 

§  9.  The  stated  and  occasional  mectino^s  of  each  board  ^.'**^?  and  occa- 

^  o        _  _     Bional  meetings. 

of  the  common  council,  shall  be  regulated  by  its  own  ordi- 
nances ;  and  both  boards  may  meet  on  the  same  or  on  dif- 
ferent days,  as  they  may  severally  judge  expedient. 

§  10.  Any  law,  ordinance,  or  resolution  of  the  common    Laws,  &c.  may 
council,  may  originate  in  cither  board ;  and  when  it  shall       either*board. 
have  passed  one  board,  may  be  rejected  or  amended  by  the 
other. 

§  11.  No  member  of  either  board  shall,  during  the  pe-  Members  not  to 
riod  for  which  he  was  elected,  be  appointed  to,  or  be  com-  officef&c"^^ 
potent  to  hold  any  office,  of  which  the  emoluments  are  paid 
from  the  city  treasury,  or  by  fees  directed  to  be  paid  by  any 
ordinance  or  act  of  the  common  council,  or  be  directly  or  in- 
directly interested  in  any  contract,  the  expenses  or  considera- 
tion whereof  are  to  be  paid  under  any  ordinance  of  the  com- 
mon council ;  but  this  section  shall  not  be  construed  to  de- 
prive any  alderman  or  assistant  of  any  emoluments  or  fees 
which  he  is  entitled  to  by  virtue  of  his  office. 

§12.  Every  act, -ordinance,  or  resolution  which  shall  Acts,  &c.  how  to 
have  passed  the  two  boards  of  the  common  council,  before  it  ^^p*''^^^- 
shall  take  effi3Ct,  shall  be  presented,  duly  certified,  to  the 
mayor  of  the  city,  for  his  approbation :  If  he  approve,  he  shall 
sign  it ;  if  not,  he  shall  return  it,  with  his  objections,  to  the 
board  in  which  it  originated,  within  ten  days  thereafter  ;  or 
if  such  board  be  not  then  in  session,  at  its  next  stated  meet- 
ing. The.  board  to  which  it  shall  be  returned,  shall  enter 
the  objections  at  large  on  their  journal,  and  cause  the  same 
to  be  published  in  one  or  more  of  the  public  newspapers  of 
the  city. 

65 


514  NEW- YORK — charter  op  amended. 

bJ'plis^d.^^^*^  §  13.  The  board  to  which  such  act,  ordinance  or  reso- 
lution, shall  have  been  so  returned,  shall,  after  the  expiration 
of  not  less  than  ten  days  thereafter,  proceed  to  reconsider 
the  same.  If,  after  such  reconsideration,  a  majority  of  the 
members  elected  to  the  board  shall  agree  to  pass  the  same, 
it  shall  be  sent,  together  with  the  objections,  to  the  other 
board,  by  which  it  shall  be  likewise  reconsidered ;  and  if  ap- 
proved by  a  majority  of  all  the  members  elected  to  such 
board,  it  shall  take  effect  as  an  act  or  law  of  the  corporation. 
In  all  such  cases,  the  votes  of  both  boards  shall  be  determin- 
ed by  yeas  and  nays  ;  and  the  names  of  the  persons  voting 
for  and  against  the  passage  of  the  measure  reconsidered, 
shall  be  entered  on  the  journal  of  each  board  respectively. 

Ibid.  ^    14.  If  the  mayor  shall  not  return  any  act,  ordinance 

or  resolution  so  presented  to  him,  within  the  time  above  limit- 
ed for  that  purpose,  it  shall  take  effect  in  the  same  manner 
as  if  he  had  signed  it. 

Mayor  or  record-      §    15.    Neither   thc  mavor  nor  recorder  of  the  city  of 

er   not  moinbers         "'  ^  ■  j 

of  common  coun-  Ncw- York,  shall  bc  a  member  of  the  common  council  there- 

cil. 

of,  after  the  second  Tuesday  of  May  one  thousand  eight  hun- 
dred and  thirty-one. 

rvacancyinthe  §  16.  Whenever  there  shall  be  a  vacancy  in  the  office 
«  ceo  major,  ^^^^y^^^  r^^^  whcncver  tlic  mayor  shall  be  absent  from  the 
city,  or  be  prevented  by  sickness  or  any  other  cause  from 
attending  to  the  duties  of  his  office,  the  president  of  the  board 
of  aldermen  shall  act  as  mayor,  and  shall  possess  all  the 
rights  and  powers  of  the  mayor,  during  the  continuance  of 
such  vacancy,  absence  or  disability. 

Duty  of  the  ^  VI.  It  shall  be  the  duty  of  the  mayor, 

""^^^^  1.  To  communicate  to  the  common  council,  at  least  once 

a  year,  and  oftener  if  he  shall  deem  it  expedient,  a  general 
statement  of  the  situation  and.  condition  of  the  city,  in  rela- 
tion to  its  government,  finances  and  improvements. 

2.  To  recommend  to  the  adoption  of  the  common  council, 
all  such  measures  connected  with  the  police,  security,  health, 
cleanliness,  and  ornament  of  the  city,  and  the  improvement 
of  its  government  and  finances,  as  he  shall  deem  expedient. 


NEW- YORK CHARTER  OF  AMENDED.  515 

3.  To  be  vigilant  and  active  in  causing  the  laws  and  ordi- 
nances of  the  government  of  the  city  to  be  duly  executed 
and  enforced. 

4.  To  exercise  a  constant  supenasion  and  control  over 
the  conduct  and  acts  of  all  subordinate  officers,  and  to  re- 
ceive and  examine  into  all  such  complaints  as  may  be  pre- 
ferred against  any  of  them  for  violation  or  neglect  of  duty, 
and  generally  to  perform  all  such  duties  as  may  be  prescrib- 
ed to  him  by  the  charter  and  city  ordinances,  and  the  laws 
of  this  state  and  the  United  States. 

§  18.  Annual  and  occasional  appropriations  shall  ibe  Appropriations, 
made  by  proper  ordinances  of  the  common  council,  for  every 
branch  and  object  of  city  expenditure  ;  nor  shall  any  money 
be  drawn  from  the  city  treasury,  except  the  same  shall  have 
been  previously  appropriated  to  the  purpose  for  which  it  is 
drawn. 

§    19.    The  common  council  shall  not  have  authority  to      Loans, 
borrow  any  sums  of  money  whatever,  on  the  credit  of  the 
corporation,  except  in  anticipation  of  the  revenue  of  the  year 
in  which  such  loan  shall  be  made,  unless  authorized  by  a 
special  act  of  legislature. 

§  20.  It  shall  be  the  duty  of  the  common  council  to  mo'I.rtoVpub 
publish,  two  months  before  the  annual  election  of  charter  '*^^^**' 
officers,  in  each  year,  for  the  general  information  of  the  citi- 
zens of  New- York,  a  fall  and  detailed  statement  of  the  re- 
ceipts and  expenditures  of  the  corporation,  during  the  year 
ending  on  the  first  day  of  the  month  in  which  such  publica- 
tion is  made ;  and  in  every  such  statement,  the  diffijrent 
sources  of  city  revenue  and  the  amount  received  from  each  ; 
the  several  appropriations  made  by  the  common  council,  the 
objects  for  which  the  same  were  made,  and  the  amount  of 
moneys  expended  under  each  ;  the  moneys  borrowed  on  the 
credit  of  the  corporation,  the  authority  under  which  each 
loan  was  made,  and  the  terms  on  which  the  same  was  ob- 
tained, shall  be  clearly  and  particularly  specified. 

§    21.    The    executive    business  of   the    corporation   of  Executive  uusi- 
New-York    shall   hereafter  be  performed   by  distinct  de- 


516  NEW- YORK — charter  of  amended. 

partments,  which  it  shall  be  th^  duty  of  the  common  council 
to  organize  and  appoint  for  that  purpose. 

Accountability '  §  22.  It  shall  be  the  duty  of  the  common  council  to 
provide  for  the  accountability  of  all  officers  and  other  per- 
sons, to  whom  the  receipt  or  expenditure  of  the  funds  of  the 
city  shall  be  entrusted,  by  requiring  from  them  sufficient  se- 
curity for  the  performance  of  their  duties  or  trust,  which  se- 
curity shall  be  annually  renewed  ;  but  the  security  first  taken, 
shall  remain  in  force  until  new  security  shall  be  given. 

Sunax  "*"™''"  5  23.  The  clerk  of  the  board  of  aldermen  shall,  by  vir- 
tue of  his  office,  be  clerk  of  the  common  council,  and  shall 
perform  all  the  duties  heretofore  performed  by  the  clerk  of 
the  common  council,  except  such  as  shall  be  assigned  to  the 
clerk  of  the  board  of  assistant  aldermen ;  and  it  shall  be  his 
duty  to  keep  open  for  inspection,  at  all  reasonable  times,  the 
records  and  minutes  of  the  proceedings  of  the  common  coun- 
cil, except  such  as  shall  be  specially  ordered  otherwise. 

Division  of  coun-     ^  24.  The    division    of  the   common   council    into    two 

cii  wben  to  take        ^ 

effect.  boards  shall  not  take  effect  until  the  officers  to  be  elected 

'  under  this  law,  enter  on  the  duties  of  their  office.     Each 

board  shall  hold  its  first  meeting  for  the  purpose  of  organiz- 
ing, on  the  second  Tuesday  of  May  in  each  year  ;  at  which 
time  the  mayor  or  clerk  of  the  common  council  shall  attend, 
by  whom  the  oath  of  office  shall  be  administered  to  the  mem- 
bers elected.  In  the  absence  of  the  mayor  and  clerk,  such 
oath  may  be  administered  by  the  recorder  or  first  judge  of 
the  city,  or  by  any  of  the  justices  of  the  superior  court. 

Beetioni  appHca-     §25.  Nouc   of  the  provisious    of   this    act,  except  the 
eomraon  councu!  eighteenth,  nineteenth,  twentieth,  and  twenty-second  sections, 

shall  be  construed  as  applying  to  the  common  council  as 

now  constituted. 


Repeal. 


§  26.  Such  parts  of  the  charter  of  the  city  of  New- 
York,  and  of  the  several  acts  of  the  legislature  amending  the 
same,  as  are  not  inconsistent  with  the  provisions  of  this  law, 
shall  not  be  construed  as  repealed,  modified,  or  in  any  man- 
ner affected  thereby,  but  shall  continue  and  remain  in  full 
force. 


NEW- YORK— CITY  OF.  517 

]\EW-YORK-City  of. 

Revised  Statutes,  Vol  S,p.  121. 

BOUNDS  AND  DIVISIONS  OF  THE  CITY  OF  NEW- YORK. 

1.  First  Ward.  9.  Ninth  Ward. 

2.  Second  Ward.  10.  Tenth  Ward.                                     ,— .„« 

3.  Third  Ward.  11,  Eleventh  Ward. 

4.  Fourth  Ward.  12.  Twelfth  Ward. 

5.  Fifili  Ward.  13.  Thirteentli  Ward. 

6.  Sixth  Ward.  14.  Fourteenth  Ward. 

7.  Seventh  Ward.  15.  Fiftccntli  Ward. 

8.  Eighth  Ward: 

§  1.  The  city  of  New- York  contaifis  all  that  part  of  this     New-Yok. 
state  comprehended  within  the  bounds  of  the  county  of  New- 
York,  and  is  divided  into  fourteen  wards,  in  the  manner  fol- 
lowing, that  is  to  say : 

1.  The  first  ward  shall  begin  in  the  middle  of  Broadway,    First  ware. 
at  a  point  where  it  is  intersected  by  the  middle  of  Liljerty- 

street,  and  run  from  the  said  point  of  intersection,  through 
the  middle  of  Liberty-street,  south-easterly,  to  the  middle  of 
Maiden-lane  ;  then  down  the  middle  of  Maiden-lane ;  and 
from  thence  in  a  straight  line  running  in  the  same  di- 
rection across  the  East  river,  to  low-water  mark  on  Nas- 
sau or  Long-Island;  and  thence  along  Nassau  or  liOng- 
Island  shore,  at  low-water  mark,  to  the  south  side  of  Red- 
Hook  ;  and  then  across  Hudson's  river,  so  as  to  include 
Nutten-Island,  Bedlow's-Island,  Bucking-Island,  and  the 
Oyster-islands,  and  all  the  waters  of  this  state  in  the  Bay  of 
New- York,  and  to  the  southward  thereof,  and  which  are  not 
comprehended  in  any  other  county,  to  low-water  mark  on 
the  west  side  of  Hudson's  river,  or  so  far  as  the  bounds  of 
this  state  extend  ;  then  up  along  the  west  side  of  Hudson's 
river,  at  low- water-mark,  or  along  the  limits  of  this  state,  to 
a  place  due  west  from  the  middle  of  the  west  end  of  Liberty- 
street ;  then  to  the  middle  of  Liberty-street ;  then  through 
the  middle  of  Liberty-street  to  the  middle  of  Broadway,  at 
the  place  of  beginning.  4 

2.  The  second  ward  shall  begin  at  the  south-easterly  ccfr-     second  ward. 
ner  of  the  first  ward,  and  run  thence  along  the  easterly  bounds 

thereof,  across  the  East  river  to  the  middle  of  Broadway  ; 
then  up  the  middle  of  Broadway,  to  a  point  opposite  to  the 
middle    of  Chatham-street ;    then    through    the   middle   of 


518  NEW-YORK— CITY  OF. 

Chatham-street,  to  a  point  6pposite  to  the  middle  of 
Spruce  (formerly  George)  street;  then  down  the  middle 
of  Spruce-street,  to  the  middle  of  Gold-street ;  then  through 
the  middle  of  Gold-street,  to  a  point  opposite  to  the  middle 
of  Ferry-street ;  then  through  the  middle  of  Ferry-street,  in 
a  line  running  in  the  same  direction  across  the  East  river,  to 
Nassau  or  Long-Island,  to  low-water  mark ;  then  along 
Nassau  or  Long-Island,  at  low- water,  to  the  place  of  begin- 
ning. 

Thifd  ward.         3.  The  third  ward  shall  begin  on  the  west  side  of  Hudson's 
river,  at  the  north-westerly  corner  of  the  first  ward,  and  run- 
'  ning  thence  due  east,  to  the  middle  of  Liberty-street ;  then 

through  the  middle  of  Liberty-street,  to  the  middle  of  Broad- 
i  way  ;  then  through  the  middle  of  Broadway,  to  a  point  opp6- 

site  to  the  middle  of  Reed-street ;  then  through  the  middle 
of  Reed-street,  in  a  line  running  in  the  same  direction  across 
Hudson's  river,  to  low- water  mark,  on  the  west  side  thereof, 
or  so  far  as  the  bounds  of  the  state  extend ;  then  down  the 
west  side  of  Hudson's  river,  at  low-water  mark,  or  along  the 
limits  of  this  state,  to  the  place  of  beginning. 

Fourth  ward.  4.  The  fourth  ward  shall  begin  at  the  northerly  corner  of 
the  second  ward,  and  run  thence  through  the  middle  of  Chat- 
ham-street, to  a  point  opposite  to  the  middle  of  Catherine- 
street  ;  and  then  through  the  middle  of  Catherine-street,  in 
a  line  running  in  the  same  direction  across  the  East-river,  to 
low-water  mark,  on  Nassau  or  Long-Island ;  then  along 
Nassau  or  Long-Island  shore,  at  low-water  mark,  to  the 
bounds  of  the  second  ward  ;  and  then  north-westerly  along 
the  bounds  of  the  second  ward,  to  the  place  of  beginning. 

5.  The  fifth  ward  shall  begin  at  the  north-westerly  corner 
of  the  third  ward,  and  run  thence  along  the  northerly  bounds 
thereof,  to  the  middle  of  Broadway  ;  then  through  the  mid- 
dle of  Broadway,  to  the  middle  of  Canal-street ;  then  through 
the  middle  of  Canal-street  to  Hudson's  river;  than  due  w^est 
to  low-water  mark,  on  the  west  side  of  Hudson's  river,  or  so 
far  as  the  bounds  of  this  state  extend  ;  then  down  along  the 
west  side  of  Hudson's  river,  at  low-water  mark,  or  along  the 
limits  of  this  state,  to  the  place  of  beginning,  - 

Bixth  ward.  6.  The  sixth  ward  shall  begin  at  a  point  in  the  middle  of 
Broadway,  where  it  is  intersected  by  the  middle  of  Canal- 
street  ;  and  run  thence  through  the  middle  of  Canal-street 
to  where  it  is  intersected  by  the  middle  of  Collect-street ; 


Fifth  Ward. 


NEW- YORK— CITY  OF.  519 

then  through  tiie  ^Mdle  of  Collect-street  to  the  middle  of 
Pump-street ;  then  thi.  -h  the  middle  of  Pump-street  to  the 
middle  of  the  Bowery  road  ;  /  ~•^  through  the  middle  of  the 
Bowery-road  to  the  middle  of  Chatha...  ^^reet ;  then  through 
the  middle  of  Chatham-street,  to  the  middle  ^ "  "^roadway ; 
and  then  through  the  middle  of  Broadway  to  the  place  o. '. 
ginning. 

7.  The  seventh  ward  shall  begin  at  the  south-easterly  cor-  ^evemh  w»d. 
nef  of  the  fourth  ward,  and  run  thence  along  the  easterly 
boundary  of  the  fourth  ward,  to  the  middle  of  Division-street ;  I 
then  through  the  middle  of  Division-street,  to  the  middle  of 
Grand-street;  then  through  the  middle  of  Grand-street,  in  a 

line  running  in  the  same  direction  across  the  East  river,  to 
low- water  mark  on  Nassau  or  Long-Island  ;  t^hen  along 
Nassau  or  Long-Island  shore,  at  low-water  mark,  to  the 
place  of  beginning. 

8.  The  eight  ward  shall  begin  at  the  north-westerly  corner    i^is'»t^  '•'^^^'^■ 
of  the  fifth  ward,  and  run  thence  along  the  northerly  bounds 

of  the  said  ward,  through  Canal-street  to  the  middle  of 
Broadway  ;  then  through  the  middle  of  Broadway  to  a  point 
opposite  to  the  middle  of  Houston-street ;  then  through  the 
middle  of  Houston-street  to  a  point  opposite  to  the  middle  of 
Hamersly-street ;  then  through  the  middle  of  Hamersly- 
street  to  Hudson's  river  ;  then  due  west  to  low  water  mark, 
on  the  we^t  side  of  Hudson's  river,  or  so  far  as  the  limits  of 
this  state  extend-,  then  down  along  the  west  side  of  Hud- 
son's river,  at  low  water  mark,  or  along  the  limits  of  this 
state,  to  the  place  of  beginning. 

9.  The  ninth  ward  shall  begin  at  the  northTwesterly  corner    mmh  nard. 
of  the  eighth  ward,  and   run  thence  .along  the   northerly 

bounds  of  the  said  ward  through  the  middle  of  Hamersly  and 
Houston-streets,  and  continuing  on  through  the  middle  of 
Houston-street,  to  the  middle  of  the  Bowery  road  ;  then 
through  the  middle  of  the  Bowery  road  to  a  point  opposite 
to  the  middle  of  Fourteenth-street ;  then  through  the  middle 
of  Fourteenth-street  to  Hudson's  river ;  then  due  west  to 
low  water  mark  on  the  west  side  of  Hudson's  river,  or  so  far 
as  the  limits  of  this  state  extend  ;  then  down  along  the  west 
side  of  Hudson's  river  at  low  water  mark,  or  along  the  Hmits 
of  this  state,  to  the  place  of  beginning. 

10.  The  tenth  ward  shall  begin  at  a  point  in  the  middle  of   Tenth  ward. 
the  Bowery  road,  opposite  to  the  middle  of  Division-street ; 


5%0 


NEW- YORK— CITY  OF. 


■  then  through  the  middle  of  Division-street  to  the  middle  of 
Norfolk-street ;  then  through  the  middle  of  Norfolk-street  to 
the  middle  of  Rivington-street ;  then  through  the  middle  of 
Rivington-street  to  the  middle  of  the  Bowery  road ;  then 
through  the  middle  of  the  Bowery  road  to  the'place  of  begin- 
ning. 
Eleventh  ward.  11.  The  eleventh  ward  shall  begin  at  the  north-easterly 
corner  of  the'  tenth  ward,  being  at  the  intersection  of  Norfolk 
and  Rivington-streets,  and  run  thence  through  the  middle*of 
Rivington-street  to  the  middle  of  the  Bowery  road ;- then 
through  the  middle  of  the  Bowery  road,  to  where  it  is  inter- 
sected by  the  middle  of  Fourteenth-street ;  theii  through  the 
middle  of  Fourteenth-street,  in  a  line  running  in  the  same  di- 
rection, across  the  East  river,  to  low  water  mark,  on  Nassau 
island ;  then  along  Nassau  island  shore,  at  low  water  mark, 
to  a  point  opposite  the  middle  of  the  easterly  end  of  Riving- 
ton-street ;  then  in  a  direct  line  across  the  East  river,  through 
the  middle  of  Rivington-street,  to  the  place  of  beginning. 

12.  The  twelfth  ward  shall  include  all  that  part  of  the  city 
and  county  of  New- York,  lying  to  the  northward  and  east- 
ward of  the  middle  of  Fourteenth-street. 

13.  The  thirteenth  ward  shall  begin  at  the  north-easterly 
corner  of  the  seventh  ward,  and  run  thence  along  the  easterly 
and  northerly  line  of  the  said  ward  through  the  middle  of 
Grand  and  Division-streets,  to  tlie  middle  of  Norfolk- street ; 
then  through  the  middle  of  Norfolk-street  to  where  it  is  in- 
tersected by  the  middle  of  Rivingtoh-street ;  then  through 
the  middle  of  Rivington-street,  in  a  line  running  in  the  same 
direction  across  the  East  river,  to  low  water  mark  on  Nassau 
island ;  and  then  along  the  shore  of  said  island,  at  low  water 
mark,  to  the  place  of  beginning. 

Fourteenth  ward.  14.  The  fourteenth  ward  shall  begin  at  a  point  in  the  mid- 
dle ctf  the  Bowery  road,  where  it  is  intersected  by  the  mid- 
dle of  Pumpi-street ;  then  through  the  middle  of  the  Bowery 
road  to  a  point  opposite  the  middle  of  Houston-street ;  then 
through  the  middle  of  Houston-street  to  where  it  is  inter- 
sected by  the  middle  of  Broadway ;  then  through  the  mid- 
dle of  Broadway  to  where  it  is  intersected  by  the  middle  of 
Canal-street ;  and  then  throi^gh  the  middle  of  Canal,  Collect 
and  Pump-streets,  being  along  the  northerly  bounds  of  the 
sixth  ward,  to  the  place  ol*  beginning. 


Twelfth  ward. 


Thirtemth  ward. 


NEW- YORK— COUNTY  or. 


521 


CHAPTER  LVL 

AN  ACT  to  divide  the  Ninth  Ward  in  the  City  of  New- 
York  into  two  Wards. 

Passed  March  23,  1832,  p.  102. 

TTie  People  of  the  State  of  New-York^  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

15.  §  1.  All  that  part  of  the  present  ninth  ward  of  the  city 
of  New- York  which  lies  easterly  of  a  line  running  southerly 
from  the  centre  of  Fourteenth-street,  through  the  centre  of 
the  Sixth  Avenue  to  the  centre  of  Carmine-street ;  thence 
south-westerly  through  the  centre  of  Carmine-street  to  the 
centre  of  Bleccker-street ;  thence  south-easterly  through  the 
centre  of  Bleeckcr-street  to  the  centre  of  Hancock-street ; 
thence  southerly  through  the  centre  of  Hancock-street  to  the 
centre  of  Houston-street,  is  hereby  constituted  and  declared 
to  be  an  additional  and  separate  ward  in  the  said  city,  and 
shall  be  called  the  fifteenth  ward  of  the  city  of  New- York. 

§  2.  All  the  residue  of  the  present  ninth  ward,  being 
that  part  thereof  lying  westerly  of  the  line  above  mentioned, 
shall  be  a  distinct  and  separate  ward,  and  shall  be  called  the 
ninth  ward  of  the  city  of  New- York. 

§  3.  This  act  shall  take  effect  from  and  after  the  passage 
thereof. 


Fifteenth  ward. 


Ninth  ward. 


JVEW-YORK-Couiity  of. 

Revised  Statutes,  Vol.  S,  p.  18. 

1.  Boundari«9  of. 

2.  Jurisdiction  of  ovor  certain  waters. 
■  3.  An  original  county. 

1.  §  5.  The  county  of  New- York  shall  contain  the  islands 
called  Manhattan's  Island,  Great  Barn  Island,  Little  Barn 
Island,  Manning's  Island,  Nutten  Island,  Bedlow's  Island, 
Bucking  Island,  and  the  Oyster  islands  ;  and  all  the  land  un- 
der water  within  the  following  bounds  :  beginning  at  Spy- 
ten  Duyvel  creek,  where  the  same  empties  itself  into  the 

66 


New  York. 


538  NOTARIES  PUBLIC. 

Hudson  river  on  the  Westchester  side  thereof,  at  low-water 
mark,  and  running  thence  along  the  said  creek,  at  low-water 
mark,  on  the  Westchester  side  thereof,  to  the  East  river  or 
Sound  ;^hen  to  cross  over  to  Nassau,  or  Long  Island,  to 
low-water  mark  there,  including  Great  Barn  Island,  Little 
Barn  Island,  and  Manning's  Island ;  then  along  Nassau  or 
Long-Island  shore,  at  low-water  mark,  to  the  south  side  of 
Red-Hook;  then  across  the  North  river,  so  as  to  include 
Nutten  Island,  Bedlow's  Island,  Bucking  Island,  and  the 
Oyster  Islands,  to  the  west  bounds  of  the  state  ;  then  along 
the  west  bounds  of  the  state,  until  it  comes  directly  opposite 
to  the  first  mentioned  creek,  and  then  to  the  place  where  the 
said  boundaries  began. 


Jurisdiction  over      2.  ^  7.  The  couutics  of  Kuifrs,  Richmond  and  New- York, 

certain  waters.  '  -n  .-i  .. 

shall,  for  the  purpose  oi  servnig  all  process,  civil  or  crimi- 
nal, have  concurrent  jurisdiction  on  the  waters  in  the,  coun- 
ties of  Kings  and  Richmond,  lying  south  of  the  bounds  of  the 
county  of  New- York.  (3) 

New-York.  3.  New-York. — Au  Original   county,   organized  by  act 

of  November  1,  1683.  (See  Suffolk.)  See  also  Br.  11;  V.  S. 
6;  711;  2  J.  &  V.  315;  2  Gr.  148;  2  K.&R.  1  ;  Sess.  47, 
eh.  304,  Laws  of  1824,  p.  358. 


NOTARIES  FUBL.IC. 

Vide    "  PUBLIC  OFFICERS." 

1.  Regulations  respecting  the  number  of  public  notaries  and  commissioners, 
a.  Revised  Statutes  repealed  that  limits  the  number. 
3,  4.  Powers  of. 

5.  Protests  of. 

6.  Memorandums  by  them. 

7.  Their  liabilities  for  misconduct. 

AN  ACT  relative  to  Public  Notaries  and  Commissioners  of 
Deeds  in  the  several  Cities  of  this  State. 

Passed  March  17,  1829,  Chap.  52,  p.  112. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
Number_ofpub-      1.  §  2.  After  the  first  day  of  January  next,  the  governor 
commissioners    gj^^^jj  nominate,  and,  with  the  consent  of  the  senate,  appoint 

(3)  Laws  of  1824,  p  359,  ^  2. 


NOTARIES  PUBLIC.  52? 

as  many  public  notaries  and  commissioners  of  deeds  in  the 
city  of  New- York,  as  he  in  his  discretion  may  deem  neces- 
sary, so  that  the  number  of  each  in  commission  at  any  time 
shall  not  exceed  one  hundred. 

2.  §  3.  So  much  of  the  first  Title  of  the  fifth  Chapter  of    Repeal  or yter. 
the  First  Part  of  the  Revised  Statutes,  as  limits  the  number  the  number, 
of  public  notaries  and  commissioners  of  deeds  in  the  city  of 

New- York,  is  hereby  repealed. 

Revised  Statutes,  Vol.  2,  p.  283. 

3.  §  44.  Notaries  public  have  authority  to  demand  ac-  Powers  of  public 
ceptance  and  payment  of  foreign  bills  of  exchange,  and  to 

protest  the  game  for  non-acceptance  and  non-payjuent ;  and 
to  exercise  such  other  powers  and  duties,  as  by  the  law  of 
nations,  and  according  to  commercial  usage,  or  by  the  laws 
of  any  other  state,  government  or  country,  may  be  per- 
formed by  notaries  public. 

4.  §  45.  They  may  also  demand  acceptance  of  inland  bills         *'•*'*• 
of  exchange,  and  payment  thereof,  and  of  promissory  notes, 

and  may  protest  the  same  for  non-acceptance  or  non-pay- 
ment, as  the  case  may  require.  But  neither  such  protest, 
nor  any  note  thereof,  made  by  any  notary  in  this  state,  shall 
be  evidence  in  any  court  of  this  state,  of  any  facts  therein 
contained,  except  in  the  cases  specified  in  the  next  section, 

5.  §  4G.  In  case  of  the  death  or  insanity  of  any  notary  pub-    Their  protests; 
lie,  or  of  his  absence  or  removal,  so  that  his  personal  attend-  . 

ance  or  his  testimony  cannot  be  procured  in  any  mode  pro- 
vided by  law,  the  original  protest  of  such  notary,  under  his 
official  seal,  upon  such  seal  and  his  signature  being  duly 
proved,  shall  be  presumptive  evidence  of  the  fact,  of  any  de- 
mand of  acceptance  or  of  payment  therein  stated. 


by  them. 


6.  §  47.  Any  note  or  memorandum  made  by  a  notary  Memorandums 
public  in  his  own  hand  writing,  cT  signed  by  him,  at  the  foot 
of  any  protest,  or  in  a  regular  register  of  official  acts  kept 
by  him,  shall,  in  the  cases  specified  in  the  last  section,  be 
presumptive  evidence  of  the  fact  of  any  notice  of  non-accept- 
ance or  non-payment,  having  been  sent  or  delivered,  at  the 


524  OFFICERS — classification  of. 

time   and  in  the  manner  stated  in  such  note  or  memo- 
randum. 

Their  Habiiitw  7.  §  48.  FoT  any  misconduct  in  any  of  the  cases  where 
notaries  public  appointed  under  the  authority  of  this  state, 
are  authorized  to  act,  either  by  the  laws  of  this  state  or  of 
any  other  state,  government  or  country,  or  by  the  law  of  na- 
tions or  by  commercial  usage,  they  shall  be  liable  to. the 
parties  injured  thereby,  for  all  the  damages  sustained  ;  and 
shall  be  subject  to  criminal  prosecution  and  punishment  in  the 
same  cases,  and  in  the  same  manner,  in  which  other  public 
officers  in  this  state  would  be  liable  for  punishment  in  any 
official  duty  or  act  authorized  or  enjoined  by  the  laws  of  this 
state. 


OFFICERS"Classilication  of. 

Revised  Statutes,  Vol.  I,  p.  95. 
CHAP,  V. 

Of  the  Public  Officers  of  this  State,  other  than  Militia  and 
Town  Officers  ;  their  election  or  appointment ;  their  qualifi- 
cations, and  the  tenure  of  their  offices. 

TiTLi  1.— Of  the  number,  location,  and  classification  of  the  public  officers  of  the  state. 
TiTLB  2. — Of  legislative  officers. 
Title  3.— Of  executive  officers. 
Title  4.— Of  judicial  officers. 
TiTLB  5. — Of  administrative  officers. 

Title  6.— General  provisions  applicable  to  all  the  civil  officers  of  this  state,  or  to  cer- 
tain classes  of  them. 

TITLE  I. 

OP  THE  NUMBER,  LOCATION,  AND  CLASSIFICATION  OF  THE  PUBLIC 
OFFICERS  OF  THE  STATE. 


8ie.  1.  Namesandnamberof  the  several  civil  officers. 

2.  Common  Councils  of  cities  (except  New- York)  to  determine  the  number  of  com- 
missioners of  deeds  and  notaries. 
S.  Copy  of  such  determination  to  be  transmitted  to  {OTemor. 

4.  Nominations  to  be  made  conformably  to  such  determination. 

5.  County  courts  to  determine  number  of  commissioners  of  deeds  in  towns. 


OFFICERS— CLASSIFICATION  OF.  525 

•8.  Such  commissioners  not  to  be  increased  unless  in  conformity  to  Buch  determination 

7.  What  oflSces  to  be  vacated  under  this  chapter. 

8.  In  certain  cases  no  new  appointment  to  be  made. 

9.  Circuit  jndges,  &c.  where  to  reside. 

10.  County  judges  and  recorders  where  to  reside. 

11.  Surrogates,  fee.  local  officers. 

13.  Justices  of  the  peace  where  to  reside,  &.C. 

13.  Commissioners  of  deeds  where  to  reside,  tec. 

14.  Notaries  public  where  to  reside,  tec 

15.  Sheriffs,  &;c.  where  to  reside. 

16.  Administrative  officers  confined  in  the  execution  of  their  duties. 

§  1.  There  shall  be  elected  or  appointed,  in  the  manner  classification  of 

•  1       1       1  •  •     •  1       rr-     ^**®  *^^^'^  officers. 

herein  after  declared  or  prescribed,  the  following  civil  offi- 
cers, who  shall  be  arranged  in  classes  to  be  denominated  legis- 
lative, executive,  judicial  and  administrative  ;  but  this  clas- 
sification shall  not  be  construed  as  defining  the  legal  powers 
of  the  officers,  that  shall  be  assigned  to  either  class  ; 

1.  In  the  class  of  Legislative  Officers. 

Thirty-two  senators ; 

One  hundred  and  twenty-eight  members  of  the  assembly ;     Legislative. 

A  speaker  of  the  house  of  assembly  from  its  own  body  ; 

A  clerk,  a  sergeant-at-arms,  a  door-keeper,  and  so  many 
assistant  door-keepers,  messengers,  and  other  subordinate 
officers  for  each  house  of  the  legislature,  as  such  houses  shall 
respectively  deem  necessary. 


2.  In  the  class  of  Executive  Officers. 

A  governor  and  lieutenant-governor ; 

A  secretary  of  state,  a  comptroller,  a  treasurer,  an  attor- 
ney-general, a  surveyor-general,  and  a  state  printer ; 

A  private  secretary  for  the  governor,  and  a  door-keeper  of 
the  executive  chamber. 


Executive. 


3.  In  the  class  of  Judicial  Officers. 

A  chancellor,  a  register  of  the  court  of  chancery,  to  reside 
and  keep  his  office  in  the  city  of  Albany,  and  an  assistant 
register  of  the  same  court,  to  reside  and  keep  his  office  in  the 
city  of  New- York  ; 

A  clerk  of  the  said  court,  to  reside  and  keep  his  office  in 
the  village  of  Pougkeepsie,  and  a  clerk  thereof,  to  reside  and 
keep  his  office  in  the  village  of  Utica  ; 

A  sergeant  of  said  court,  to  reside  in  the  city  of  Albany, 
and  a  sergeant  thereof,  to  reside  in  the  city  of  New- York ; 


Judicial. 


Chancery. 


5«6 


OFFICERS CLASSIFICATION  OF. 


Five  masters  and  two  examiners  in  chancery  in  the  city 
and  county  of  New-York,  and  not  more  than  three  masters 
and  three  examiners  in  every  other  county  of  this  state  ; 

So  many  commissioners  to  take  affidavits  to  be  read  in  the 
said  court,  as  the  chancellor  shall  from  time  to  time  think 
proper  to  appoint ; 
supmne eourt. ,  A  chief  justicc  and  two  justices  of  the  supreme  court; 
three  clerks  of  the  said  court,  one  to  reside  and  keep  his  of- 
fice in  the  city  of  Albany,  one  in  the  city  of  New-York,  and 
one  in  the  village  of  Utica ;  and  three  criers  of  the  said  court, 
one  to  reside  in  Albany,  one  in  New-York,  and  one  in  the 
county  of  Oneida ; 

A  commissioner  to  perform  the  duties  of  a  justice  of  the 
supreme  court  at  chambers,  to  be  denominated  "  Supreme 
Court  Commissioner,"  to  reside  in  each  of  the  following 
counties  and  places :  In  the  counties  of  Allegany,  Cattarau- 
gus, Chautauque,  Erie,  Franklin,  Gennesee,  Herkimer, (1) 
Lewis, (2)  Madison, (3)  Niagara,  Oneida,  Ontario,  Orange, 
St.  Lawrence,  Suffolk,(4)  Sullivan,  Tompkins,  Ulster  and 
Westchester ; (5)  one  to  reside  either  in  the  county  of  Tioga 
or  in  the  county  of  Steuben  ;  in  the  town  of  Plattsburgh,  in 
the  county  of  Clinton  ;  in  the  village  of  Catskill,  in  the  coun- 
ty of  Greene  ;(6)  in  the  village  of  Poughkeepsie,  in  the  coun- 
ty of  Dutchess  ;  in  the  village  of  Watertown,  in  the  county 
of  Jefferson  ;  in  the  village  of  Canajoharie,  in  the  county  of 
Montgomery  ;(7)  in  the  village  of  Glen's  Falls,  in  the  coun- 
ty of  Warren; (8)  in  the  town  of  Kingsbury,  in  the  county 
of  Washington ;  and  in  the  towai  of  Whitehall,  in  the  county 
of  Washington ; 

So  many  commissioners  to  take  affidavits  to  be  read  in 
the  supreme  court,  as  the  justices  thereof  shall  think  proper 
to  appoint ; 

A  clerk  of  the  court  for  the  trial  of  impeachments  and  the 
correction  of  errors,  a  crier,  and  a  sergeant  of  the  same  court ; 

A  reporter  of  the  decisions  of  the  supreme  court,  and  of 
the  decisions  of  the  court  for  the  trial  of  impeachments  and 
the  correction  of  errors,  to  be  denominated  the  "  state 
reporter ;" 

A  reporter  of  the  decisions  of  the  court  of  chancery,  to 
be  denominated  the  "  chancery  reporter ;" 


Court  of  errors. 


Reporters. 


(] ,  3  &  5)  Laws  of  1828,  chap.  237,  April  17, 1828.        (2  &  4)  lb.  chap.  2,  January-,  7, 1828. 
(6)  lb.  chap.  133,  March  28,  1828.     (7  &  8)  lb.  chap.  244,  April  18,  18S8. 


OFFICERS— CLASSIFICATION  OF.  5«7 

A  circuit  judge  for  each  of  the  eight  circuits,  and  a  clerk   circuit  •ourta. 
of  the  court  of  equity  of  each  circuit ; 

A  first  judge  and  four  judges  of  the  county  courts  of  each   coumy  couns. 
county,  except  the  city  and  county  of  New- York,  in  which 
there  shall  be  a  first  judge  of  the  court  of  common  pleas  ;(9) 

A  chief  justice  and  two  associate  judges  of  the  superior 
court  of  law  in  and  for  the  city  and  county  of  New-York;(10) 

A  clerk,  a  sheriff,  a  surrogate,  and  a  district  attorney  for     ci«rk9,icc. 
each  county ; 

A  coroner  for  the  city  and  county  of  New- York,  and  four     coroners, 
coroners  for  every  other  county ; 

A  register  of  the  city  and  county  of  New- York,  and  a  clerk    New- York, 
of  the  court  of  oyer  and  terminer  and  general  sessions  of 
the  same  city ; 

A  recorder  of  each  of  the  cities  of  Albany,  New- York,     Recorders. 
Hudson  and  Troy ; 

A  clerk  of  the  city  of  Hudson,  and  a  marshal  for  each  of  cierke  of  cities 
the  cities  of  Hudson  and  Troy ; 

Three  special  .justices  for  the  city  of  New- York,  and  a  special  justices, 
clerk  of  the  police  office  in  said  city ; 

Three  justices  of  the  marine  court  for  the  city  of  New- 
York,  and  a  clerk  of  said  court ; 

An  assistant  justice  for  the  first,  second  and  third  wards ; 
an  assistant  justice  for  the  fourth  and  sixth  wards ;  an  as- 
sistant justice  for  the  fifth,  eighth  and  fourteenth  wards  ;  an 
assistant  justice  for  the  seventh,  tenth  and  thirteenth  wards  ; 
an  assistant  justice  for  the  ninth  and  eleventh  wards,  and 
a  clerk  to  each  of  the  said  assistant  justices,  and  two  assist- 
ant justices  for  the  twelfth  ward  of  the  city  of  New-York ; 

Three  justices  of  the  justices'  court  of  the  city  of  Albany, 
and  a  clerk  of  said  court ; 

A  justice  of  the  peace  for  the  fifth  ward  of  the  city  of 
Albany  ;(11) 

Three  justices  of  the  justices'  court  of  the  city  of  Hudson, 
and  a  clerk  of  said  court ; 

Not  less  than  three  nor  more  than  six  justices  of  the  peace 
for  the  city  of  Schenectady ; 

Four  justices  of  the  peace  for  each  town  in  the  state  ;  justices. 

Not  less  than  two,  nor  more  than  four  commissioners  to 
take  the  proofs  and  acknowledgments  of  deeds,  and  to  per-  of  deeds. 

(It)  Laws  of  1823,  chap.  321,  April  21,  1828.     (10)  lb.     (11)  lb.  chap.  178,  April  5,  1828. 


528  ^  OFFICERS— CLASSIFICATION  OF. 

form  certain  other  duties,  to  be  denominated  "  commissioners 
of  deeds,"  for  each  town  in  the  state,  and  so  many  of  the 
like  commissioners  for  each  of  the  cities  in  this  state,  a» 
shall  from  time  to  time  be  determined  in  the  manner  herein 
after  provided ; 
Notaries  p»bnc.  Thirty-six  commissioners  of  deeds  for  the  city  and  county 
of  New- York ; 

Fifty  notaries  public  in  the  city  and  county  of  New-York ; 

So  many  notaries  public  in  each  of  the  other  cities  of  this 
state,  as  shall  from  time  to  time  be  determined,  in  the  man- 
ner herein  after  provided ; 

So  many  notaries  public  in  each  of  the  counties  of  this 
state,  except  the  city  and  county  of  New- York,  as  the  go- 
vernor and  senate  shall  think  proper  to  appoint ; 
counseuors, &c.       And  SO  many  counsellors,  solicitors  and  attornies,  as  shall 
from  time  to  time,  be  licensed  to   practice  by  the  several 
courts  of  law  or  equity  in  this  state. 

4.  In  the  class  of  Administrative  Officers, 
Administratire.        Four  caual  Commissioners,  two  of  whom  shall   be  acting- 
commissioners  ; 
canaiofficere.        Two  caual  appraisers,  and  so  many  superintendents  of 
canal  repairs  as  the  canal  board  shall   from  time  to  time 
appoint ; 
Mayors,  &c         A  mayor  of  each  of  the  cities  in  this  state ; 

A  president  of  the  village  of  Utica ; 
County  treasu-      A  couuty  treasurer  for  each  county,  except  the  city  and 
county  of  New-York ; 

Loan-officers  under  the  act  of  the  fourteenth  of  April,  one 
thousand  seven  hundred  and  ninety-two,  entitled  "  An  act 
for  loaning  monies  belonging  to  this  state  ;  for  each  county 
in  which  vacancies  shall  occur  in  the  office  of  any  such 
officer; 

Commissioners  of  loans  under  the  act  of  the  eleventh  of 
April,  one  thousand  eight  hundred  and  eight,  entitled  "  An 
act  authorizing  a  loan  of  monies  to  the  citizens  of  this  state,"" 
for  each  county  in  which  vacancies  shall  occur  in  the  office 
of  any  such  officer ; 
Prison;  inspec-  Loau-officcrs  for  the  county  of  Putnam,  whenever  vacan- 
cies  shall  occur  in  the  office  of  any  such  officers  ; 
Five  inspectors  of  the  state  prison  at  Auburn  ; 


rem 


Loan  officers. 


tors 


OFFICERS— ADMINISTRATIVE. 


529 


A  superintendent  of  the  Onondaga  salt  springs,  and  an  in- 
spector of  salt  in  the  county  of  Onondaga  ; 

A  superintendent  of  the  salt  springs  at  Montazuma ; 

Three  harbor-masters  of  the  port  of  New-York,  and  so 
many  wardens  and  branch  pilots  for  the  same  port;  as  the 
governor  and  senate  shall  think  proper  to  appoint ; 

Not  more  than  fifty-four  auctioneers  for  the  city  and  county 
of  New-York,  four  for  the  city  and  county  of  Albany,  and 
one  or  more  for  every  other  city,  village  or  county,  where 
they  shall  be  deemed  necessary  by  the  appointing  power ; 

An  inspector  of  flour  and  meal  for  each  of  the  cities  of  Al- 
bany and  New-York,  and  one  or  more  such  inspectors  in 
every  other  city  or  county,  where  they  shall  be  deemed  ne- 
cessary by  the  appointing  power ; 

An  inspector  of  beef  in  the  city  of  New- York,  to  inspect 
and  put  up  beef,  killed  according  to  the  rites  of  the  people 
called  Jews; 

Not  more  tlian  ten  inspectors  of  beef  and  pork  for  the  city 
and  county  of  New- York,  and  one  or  more  such  inspectors 
in  every  other  county  where  they  shall  be  deemed  necessary, 
by  the  appointing  power ; 

One  inspector  of  pot  and  pearl  ashes  for  the  city  and  coun- 
ty of  New-York,  and  not  more  than  tw^o  such  inspectors  in 
every  other  county  where  they  shall  be  deemed  necessary 
by  the  appointing  power  ; 

Not  less  than  seven,  nor  more  than  ten  inspectors  of  lum- 
ber for  the  city  and  county  of  New- York  ;  not  less  than  two, 
nor  more  than  four  for  the  city  of  Albany ;  one  for  the  city 
of  Hudson;  and  so  many  in  other  parts  of  the  state,  as  may 
be  deemed  necessary  by  the  appointing  power ; 

An  inspector-general  of  staves  and  heading  for  the  city 
and  county  of  Albany,  and  one  for  the  city  and  county  of 
New- York ; 

Not  less  than  eight,  nor  more  than  ten  cullers  of  staves 
and  heading,  for  the  city  and  county  of  New- York  ;  not  less 
than  four,  nor  more  than  six,  for  the  city  and  county  of  Al- 
bany ;  two  or  more  for  the  city  of  Hudson,  and  so  many  in 
the  other  counties  as  shall  be  deemed  necessary  by  the  ap- 
pointing power ; 

Five  inspectors  of  sole  leather  for  the  city  and  county  of 
New- York;  two  for  the  city  and  county  of  Albany ;  two  for  the 
city  of  Troy ;  one  for  each  of  the  cities  of  Hudson  and  Schenec- 

67 


Salt  springi. 


Harbor 


Auctioae«rf. 


Inspector!  of 
flour. 


Inspector  of  beef, 


Itispectoraof 
aehcB. 


Inspectors  of 
lumber. 


Inspectors  of 
stavea  and  head- 
ing. 


Cullers  of  do. 


InspccfotB  of 
Bole-leathcr. 


wo  OFFICERS— ADMINISTRATIVE. 

tady ;  one  for  the  village  of  Brooyyn,  in  the  county  of  Kings  ; 
one  for  the  village  of  Catskill,  in  the  county  of  Greene ;  one 
for  the  port  of  Sag-Harbour,  in  the  county  of  Suffolk  ;  one  for 
the  village  of  Lansingburgh,  in  the  county  of  Rensselaer ;  one 
for  the  'village  of  Waterford,  in  the  county  of  Saratoga ;  one 
for  the  village  of  Utica,  in  the  county  of  Oneida  ;  one  for  the 
village  of  Ithaca,  in  the  county  of  Tompkins  ;  one  for  the  vil- 
lage of  Auburn,  in  the  county  of  Cayuga  ;  one  for  the  village 
of  Rochester,  in  the  county  of  Monroe  ;  one  for  the  village 
of  Nevi^burgh,  in  the  county  of  Orange ;  one  for  the  village 
of  Batavia,  in  the  county  of  Genesee ;   one  for  the  county  of 
Levi^is  ;  one  for  the  county  of  Onondaga  ;  one  for  the  county 
of  Herkimer  ;  one  for  the  county  of  Montgomery  ;  one  for 
the  county  of  Madison ;  one  for  the  county  of  Ulster ;  one 
for  the  county  of  Oneida  ;  one  for  the  county  of  Jefferson ; 
two  for  the  county  of  Ontario,  one  of  whom  shall  reside  in 
the  village  of  Geneva;  and  so  many  such  inspectors  for  the 
several  other  counties  or  villages  in  this  state,  as  shall  be 
deemed  necessary  by  the  appointing  power  ; 
Inspector  of  flax-       ^^  insDCctor  of  flax-sccd  for  the  citv  and  count v  of  New- 
York; 
Tnsppctorsof         An  iuspoctor  of  leaf  tobacco  for  the  city  and  county  of 
tobacco.        j^e^.York  ;(12) 
Inspectors  of  fish       Four  inspectors  of  fish  for  the  city  of  New- York  ;  one  for 
the  county  of  Jefferson  ;  one  for  each  of  the  towns  of  Rich- 
land and  Orwell,  in  the  county  of  Oswego  ;  and  one  or  more 
in  the  other  counties  of  the  state,  as  may  be  deemed  neces- 
sary by  the  appointing  power  ; 
Inspectors  of  oil.      An  inspector  of  fish  or  liver  oil,  for  each  of  the  cities  of 
New- York,  Albany,  and  Troy  ; 
Inspectors  of        An  iuspoctor  of  distilled  spirits,  for  the  city  of  New- York  ; 
^^^"^'        and  one  for  each  other  county  of  the  state,  where  such  an 
appointment  shall  be  deemed  necessary  by  the  appointing 
power ; 
Inspectors  of        An  iuspcctor  of  hops  for  each  of  the  cities  of  New- York, 
^°^''         Albany  and  Troy ;  and  for  each  of  the  villages  of  Utica, 
Oswego,  Buffalo,  Ithaca,  and  Whitehall ; 
Weigher.  Qne  wcighor  at  the  quarantine  ground,  on  Staten-Island  ; 

A  health  officer,  a  resident  physician,  and  a  health  com- 
missioner, for  the  city  and  county  of  New- York ; 

A  health  officer  for  the  city  of  Albany,  and  one  for  the 
city  of  Hudson ; 

(IC)  Laws  of  1S26,  chap.  274,  April  19, 1825. 


Health  officers. 


OFFICERS-iADMINISTRATIVE.  531 

So  many  directors  of  incorporated  banks  as  the  state  may   Baok  directow. 
be  authorized,  by  the  acts  of  incorporation,  to  appoint ; 

Fifteen  wreck-masters,  in  the  county  of  Suffolk ;  twelve  Wreckmartcrs. 
in  the  county  of  Queens  ;  three  in  the  county  of  Kings ;  two 
in  the  county  of  Richmond,  and  two  in  the  county  of  West- 
chester ; 

A  county  sealer  for  each  county  ;  and  the  sealers  for  the    county  etaiere. 
counties  of  Albany  and  Oneida,  shall  be  deemed  assistant 
state  sealers. 

Not  less  than  three,  nor  more  than  five  commissioners  to     inspectors  of 

'  turnpikes. 

inspect  turnpike  roads,  in  each  county  in  this  state,  in  which 
there  shall  be  a  turnpike  road  whose  act  of  incorporation  con- 
tains no  provision  for  the  appointment  of  special  inspectors 
of  such  road  ; 

An  agent  for  the  Onondaga  tribe  of  Indians,  five  or  more    Indian  officers 
superintendents  ;  and  not  less  than  three,  nor  more  than  five 
superintendents  of  the  Brotiiertown  Indians  ; 

An  attorney  for  the  Oneida  Indians ; 

And  a  receiver  of  the  profits  of  the  state  pier  at  Sag-Har-  ^^^^^f  **^*^' 
bour.(13) 

§  2.  The  common  council  of  each  of  the  cities  in  this  state,   commissioners 

1        />  r  ^^  deeds  and  no- 

exccpt  the  city  of  New- York,  on  or  before  the  first  day  of  t^ries  in  certain 
January  m  the  year  one  thousand  eight  hundred  and  thirty,  ed. 
and  once  at  the  end  of  every  two  years  thereafter,  shall,  by 
resolution  of  the  board,  determine  and  limit  the  number  of 
commissioners  of  deeds  and  notaries  public  to  be  next  ap- 
pointed in  and  for  their  respective  cities. 

§  3.  A  copy  of  each  determination  to  be  made  by  the  com-       iwd. 
mon  council  of  any  city,  under  the  corporate  seal,  and  at- 
tested by  the  mayor  of  the  city,  shall  be  transmitted  to  the 
governor  within  twenty  days  after  the  same  shall  have  been 
made. 

§  4.  No  nomination  or  appointment  shall  be  made  by  the        ^'''^ 
governor  to  any  of  the  offices  so  limited,  as  stated  in  the  pre- 
ceding sections,  unless  in  conformky  to  the  limitation. 

(13)  Compiled  from  the  constitution  and  from  thii  statutes  in  force  in  Septembrrf  1827, 
except  where  otherwise  specially  noted  ;  and  except  also,  tl>al  the  limitations  of  the  num- 
ber of  masters  and  examiners  in  chancery,  of  commissioners  of  deeds  and  public  notaries  in 
cities,  of  acting  canal  fomnii^sioners,  of  inspectors  of  pot  and  pearl  ashes  in  tlie  city  of  New- 
York,  and  of  wrcck-mastcrs,  arc  new  provisions. 


53t  OFFICERS ADMINISTRATIVE. 

•fdSdlSfSJJSi  ^  ^-  'Th^  judges  of  the  count>%^ourt  in  each  county,  shall, 
at  each  county  court,  next  preceding  the  annual  meeting  of 
the  judges  and  supervisors  for  the  purpose  of  appointing 
commissioners  of  deeds,  determine  by  rule  of  court  the  num- 
ber of  commissioners  of  deeds  in  each  town  of  the  county, 
for  the  year  next  ensuing  such  annual  meeting. 

iwd.  §  6.  At  such  annual  meeting,  no  increase  shall  be  made  in 

the  number  of  such  commissioners  in  any  town,  unless  in  con- 
formity to  such  previous  determination  of  the  judges. 

^TSItTd.*"  ^  "^^  ^^  limitation  contained  in  this  Chapter,  or  to  be 
made  in  the  mode  herein  prescribed,  of  the  number  of  persons 
to  be  appointed  to  any  office,  shall  be  construed  to  vacate 
the  office  of  any  persons  now  being,  or  who  shall  then  be  in 
office,  except  commissioners  of  deeds  and  notaries  public  in 
cities,  whose  offices  shall  be  vacated  on  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  tliirty. 

Sintienrto      ^  ®*  If»  ^t  the  cxpiratiou  of  the  term  of  office  of  any  one  or 
k€in»d«.  more  persons  holding  any  of  the  offices  so  limited  or  to  be 

limited,  the  number  of  persons  holding  the  same  office  shall 
exceed  the  limitation  then  in  force,  no  nomination  or  ap- 
pointment of  any  one  or  more  persons  shall  be  made  to  such 
office  for  the  district,  county  or  place  to  w^hich  the  limitation 
applies,  until  the  number  of  persons  holding  the  same  shall 
be  so  reduced,  as  not  to  exceed  the  limitation  then  in  force. 

t^bow£&i      §  ©•  The  offices  of  circuit  judge,  supreme  court  commis- 

*  '^^  sioner,  and  a  master  and  examiner  in  chancery,  shall  so  far 

be  deemed  local,  as  to  require  the  residence  of  each  judge, 

master  and  examiner,  within  the  circuit,  district,  county  or 

place,  for  which  he  shall  be  appointed.  (14) 

»nd"rJ^ordeS!  i  ^0,  Judgcs  of  county  courts,  and  recorders  of  cities, 
must  reside  within  the  county  or  city  for  which  they  shall  be 
respectively  appointed. 

8un»gatet,  fcc.  §  11.  Surrogates,  supreme  court  commissioners,  commis- 
sioners of  deeds,  and  justices  in  cities,  are  local  officers  ; 
and  each  officer  shall  be  confined,  in  the  execution  of  his 

(14)  Laws  of  1823,  p.  214,  ^  14,  as  to  circuit  jmiges. 


OFFICERS— ADMINISTRATIVE.  533 

duties,  to  the  district  or  county  for  which  he  shall  be  ap- 
pointed. 

§  12.  Justices  of  the  peace  must  reside  in  the  town  for    juaucei, 
which  they  were  chosen;  and  shall  not  try  a  civil  cause  in 
any  other  town,  except  in  cases  otherwise  provided  for  by 
law. 


§  13.  Commissioners  of  deeds  must  reside  within  the  re- 
spective towns  for  which  they  shall  be  chosen  or  appointed, 
but  may  execute  the  duties  of  their  office  at  any  place  within 
the  county. 


Commissioners 
of  deeds. 


§  14.  Notaries  public  must  reside  in  the  respective  cities 
or  counties  for  which  they  shall  be  appointed,  but  may  exe- 
cute the  duties  of  their  office  at  any  place  within  the  state. 


Notaries. 


§  15.  The  following  officers,  namely;  sheriffs,  clerks  of 
counties,  coroners,  district  attornies,  marshals  of  cities,  the 
clerk  of  the  court  of  oyer  and  terminer  and  general  sessions 
in  New- York,  the  register  and  clerk  of  that  city,  police  jus- 
tices and  assistant  justices  in  that  city,  and  their  clerks,  are 
so  far  local,  as  to  require  the  residence  of  every  person  hold- 
ing such  office,  within  the  county  or  city,  in  which  the  duties 
of  his  office  are  required  by  law  to  be  executed. 


Sheriffs,  &.c. 


§  16.  Every  officer  included  in  the  class  of  administrative 
officers,  shall  be  confined  in  the  execution  of  his  duties  to  the 
district,  county,  city,  town,  or  village  for  which  he  shall  be 
appointed,  except  where  otherwise  provided  for  by  law» 


Administrntive 
offictrs. 


534 


OFFICERS— LEGISLATIVE. 


TITLE  II. 


OF  LEGISLATIVE  OFFICERS. 


gpnators,    &c; 
term  of  office. 


Sect.  1.  Senators  and  members  of  assembly,  for  what  term  chosen, 

2.  How  chosen. 

3.  Qualifications  of  senators  :  proceedings  when  two  or  more  are  chosen  to  ascertain 

their  lernis  of  service. 

4.  Members  of  the  legislature  ineligible  to  certain  civil  appointments. 

5.  Persons  holding  offices  under  U.  States,  ineligible  to  seat  in  legislature.    If  mem- 

bers of  legislature  accept  offices  under  U.  States,  their  seats  vacated. 

6.  When  members  of  legislature  elected  to  congress  shall  be  deemed  to  have  accepted. 

7.  Members  of  legislature  not  to  be  appointed  to  certain  offices  by  the  governor. 

8.  When  senaie  to  choose  a  temporary  president. 

9.  When  president  of  the  senate  to  act  as  governor. 

§  1.  Senators  and  members  of  assembly  are  chosen  by 
the  people ;  senators  for  four  years,  members  of  assembly 
annually.  (15) 


How  chosen. 


§  2.  Senators  are  chosen  by  districts  ;  menibers  of  ascm- 
bly  by  counties.  One  senator  must  be  chosen  annually  in 
each  senate  district,  and  at  least  one  member  of  the  assem- 
bly in  each  county  of  the  state,  separately  organized.  (16) 


Qualifications  of 
senators,  &c. 


§  3.  Senators  must  be  freeholders  ;  and  whenever  two  or 
more  senators  shall  be  chosen  at  any  election,  one  or  more  of 
whom  shall  be  chosen  to  supply  a  vacancy,  and  one  for  the 
regular  term,  it  shall  be  determined  by  lot,  in  such  manner  as 
the  senate  shall  direct,  which  of  them  shall  be  considered  as 
elected  for  the  longest  term,  without  regarding  any  designa- 
tion upon  the  ballots  given  for  the  persons  so  chosen.  (17) 


Ineligible  to  cer- 
tain  ofliccs. 


§  4.  No  member  of  the  legislature  can  receive  any  civil 
appointment  from  the  governor  and  senate,  or  from  the  legis- 
lature, during  the  term  for  which  he  shall  have  been  elect- 
ed.(18) 


U.S. officers.  §  5.  No  pcrsoH,  being  a  member  of  congress,  or  holding 
any  judicial  or  mihtary  office  under  the  United  States,  can 
hold  a  seat  in  the  legislature.  If  any  person  shall,  while  a 
'  member  of  the  legislature,  be  elected  to  congress,  or  be  ap- 
pointed to  any  office  civil  or  military  under  the  government 
of  the  United  States,  his  acceptance  thereof  shall  vacate  his 
seat  in  the  legislature. (19) 

(15)  Const,  art.  1,  sec.  2.  (16)  Const,  art.  1,  sec.  5  &  7.  (17)  Const,  art.  1,  ^ 

Q ;  Laws  of  1824,  p.  317.  (18)  Const,  art.  1,  $  10.  (19)  Const,  art.  1,  $  11. 


OFFICERS— EXECUTIVE.  535 

§  6.  If  a  person  elected  a  member  of  the  legisture,  shall,  u.  states  officers, 
during  the  term  for  which  he  was  chosen,  be  elected  a  mem- 
ber of  congress,  he  shall  be  deemed  to  have  accepted  the 
office  of  member  of  congress,  unless  within  ten  days  after 
the  commencement  of  the  term  of  service  as  such  member, 
he  shall  give  written  notice  to  the  secretary  of  state,  of  his 
determination  not  to  accept  such  election  to  congress. 

§  7.  No  person  elected  to  either  branch  of  the  legislature,  biiu/ttToffice.'^' 
shall  be  appointed  by  the  governor  to  any  office,  during  the 
term  for  which  such  person  shall  have  been  elected  ;  but  this 
prohibition  shall  not  extend  to  those  officers  whose  appoint- 
ment is,  by  the  constitution,  vested  in  the  governor. (20) 

§8.  Whenever  the  lieutenant-f^rovernor  shall  act  as  cro-   Tomporary  pre- 

*  o  o        sident  ol  the  se- 

vernor,  or  shall  not  attend  the  senate,  that  house  shall  choose  Je'ehoseu?"  ^"^ 
a  temporary  president  from  its  own  body,  to  serve  until  the 
lieutenant-governor  shall  return  to  preside  therein. (21) 

§  9.  If  durinfT  a  vacancy  of  the  office  of  governor,  the  lieu-  whcn  to  act  aa 

^  ^  -^  &  '  governor. 

tenant-governor  shall  be  impeached,  displaced,  resign,  die, 
or  be  absent  from  the  state,  the  president  of  the  senate,  so 
chosen,  shall  act  as  governor,  until  the  vacancy  shall  be  filled, 
or  the  disability  shall  cease ;  and  the  senate  shall  choose 
from  its  own  body,  another  person  to  preside  therein.  (22) 


TITLE  III. 

OF  EXECUTIVE  OFFICERS. 

Skct.  I.  Governor  and  lieutenant-covcrnor  when  to  be  chosen. 

2.  Proceedings  when  two  or  more  candidates  rtccive  an  equal  number  of  votes  for 

governor. 

3.  The  like  as  to  candidates  for  lieutenant-governor. 

4.  Qualifications  recjuired  for  governor. 

5.  6.  Secretary  of  state,  comptroller,  attorney-general,  and  surveyor-general,  how 

and  when  appointed. 

7.  Tenure  of  their  offices. 

8.  Treasurer,  how  and  when  appointed. 

9.  Nominations  of  state  officers,  when  to  be  made. 

10.  Proceedings  thereupon  in  case  the  nominations  agree. 

11.  Proceedings  in  case  they  disagree. 

12.  State  printer,  how  appointed,  and  tenure  of  his  office. 

13.  Governor's  private  secretary,  and  door-keeper  of  executive  chamber,   how  ap- 

pointed. 

^  1.  A  governor  and  lieutenant-governor  shall  be  chosen     Governor  and 
at  each  biennial  general  election,  from  and  after  the  general  nor. 

(20)  Laws  of  1823,  p.  244,  «J  3.        (21)  Const,  art.  1,^3.        (22)  Const,  art.  3,  ^  7. 


536  OFFICERS— EXECUTIVE. 

election   in   November,  one  thousand  eight   hundred    and 
tvv^enty-two.(23)  v 

Equality  of  votes  §  2.  In  case  two  or  more  persons  receive  an  equal  and 
the  highest  number  of  votes  for  governor,  at  any  election,  it 
shall  be  the  duty  of  the  board  of  state  canvassers  to  lay  be- 
fore the  legislature,  on  the  first  day  of  its  next  session  after 
such  election,  a  certified  statement  of  the  votes  canvassed 
by  them ;  and  the  two  houses  shall  immediately  proceed  to 
choose,  by  joint  ballot,  one  of  those  persons  having  such 
equal  number  of  votes,  to  be  governor. (24) 


The  like  for  lieu- 
tenant-governor. 


§  3.  In  case  two  or  more  persons  shall  receive  an  equal 
and  the  highest  number  of  votes  for  lieutenant-governor,  a 
statement  of  the  canvass  of  such  votes  shall  in  like  manner 
be  laid  before  the  legislature  :  and  the  two  houses  shall  pro- 
ceed in  the  same  manner  to  choose  by  joint  ballot,  one  of 
those  persons  having  such  equal  number  of  votes,  to  be 
lieutenant-governor.  (24) 

*^vemw^^'^"^  °^  ^  ^*  ^^  person  is  eligible  to  the  ofiice  of  governor,  unless 
he  shall  be, 

1.  A  native  citizen  of  the  United  States  ; 

2.  A  freeholder ; 

3.  Thirty  years  of  age  ; 

4.  And  shall  have  been  five  years  a  resident  within  this 
state,  unless  he  shall  have  been  absent  during  that  time,  on 
public  business  of  the  United  States,  or  of  this  state.(25) 

h  ^**^^  oSed!'  ^  ^'  ^^^  secretary  of  state,  the  comptroller,  the  attorney- 
general,  and  the  surveyor-general,  are  appointed  by  the 
legislature,  as  follows  :  The  senate  and  assembly  each  openly 
nominate  one  person  for  each  of  those  offices  respectively,  or 
for  such  of  them  as  are  then  to  be  filled  ;  after  which,  they 
meet  together ;  if  the  nominations^^re  found  to  agree,  the 
person  nominated  is  declared  to  be  appointed;  if  the  nomi- 
nations do  not  agree,  the  appointment  is  then  made  by  the 
joint  ballot  of  the  senators  and  members  of  assembly.(26) 

« . 

And  when.  §  6.  Such  appointment  shall  be  made  once  in  every  three 

years,  from  and  after  the  first  Monday  of  February,  in  the 

(23)  Const,  art.  3,  sec.  1 ;  Laws  oflS^i,  p.  267,  sec.  1.  (24)  Const,  art.  3,  sec.  3. 

(35)  Const,  art.  3,  sec.  2.  (26)  lb.  art.  4,  see.  6. 


OFFICERS— EXECUTIVE.  587 

year  one  thousand  eight  hundred  and  twenty-three  ;  or  as 
often  as  vacancies  shall  occur. 

§  7.  The  persons  so  appointed  hold  their  offices  for  three  '^*"X°ii!''*'' 
years,  unless  sooner  removed  by  concurrent  resolution  of 
the  senate  and  assembly. (26) 

§  8.  The  treasurer  is  appointed  by  the  legislature  in  the     Treasurer, 
same  manner,  and  such  appointment  is  made  annually. (26) 

^  9.  The  senate  and  assembly  shall  proceed  to  nominate  8uti"offic"r»! 
each  of  the  several  state  officers  above  named,  on  the  first 
Monday  in  February  in  each  year,  during  which  his  term  of 
office  shall  expire.  If  an  appointment  shall  be  necessary  to 
supply  an  existing  vacancy,  they  shall  fix,  by  concurrent 
resolution,  the  day  on  which  they  will  proceed  to  nominate 
for  such  appointment. 

§  10.  If,  on  the  comparison  of  such  nominations  they  be  Proceedings  in 

"'  ^  •  case  they  afree. 

found  to  agree,  the  president  of  the  senate,  shall  declare  such 
agreement,  and  that  the  persons  so  nominated  are  chosen. 
Copies  of  the  resolutions  of  the  two  houses  by  which  such 
nominations  were  made,  shall  be  certified  by  the  respective 
presiding  officers  thereof,  and  attested  by  their  clerks  ;  which 
shall  be  delivered  to  the  person  appointed,  and  shall  be  evi- 
dence of  his  appointment. 

§   11.  If   the  nominations   disagree,    and    the  officer  be  i"  <^*»e  they  dia- 

°  agree. 

chosen  by  a  joint  ballot,  the  result  of  such  ballot  shall  be 
certified  by  the  presiding  officers  of  the  two  houses,  and 
attested  by  the  clerks  thereof;  which  certificates  shall  be 
delivered  to  the  person  so  chosen,  and  shall  be  evidence  of 
his  appointment. 

§  12.  The  state  printer  shall  be  appointed  bylaw,  and    state  printer, 
shall  hold  his  office  during  the  pleasure  of  the  legislature. 

§  13.  The  private  secretary  of  the  governor,  and  the  door-  Governor',  pn- 
keeper  of  the  executive  chamber,  shall  be  appointed  by  the  ^''c.^  eecretarj-, 
governor,    and    hold    their    respective   offices    during    his 
pleasure. 

26)  Const,  art.  4,  section  6.  ,       ^ 

68 


5J8  OFFICERS APPOINTMENT  OF  JUDICIAL,  &C. 

TITL.E  IV. 


OF  JUDICIAL  OFFICERS. 

» 

Art.  1. — Of  judicial  officers  appointed  by  the  governor  and  senate. 

Art.  2. — Of  judicial  officers  appointed  by  courts  of  justice. 

Art.  3.— Of  judicial  officers  appointed  by  the  local  authorities  of  a  county  or  city. 

Art.  4.— Of  judicial  officers  elected  by  the  people. 

ARTICLE  FIRST. 

OF   JUDICIAL    Ori'ICERS    APPOINTED    BY    THE    GOVERNOR   AND 

SENATE. 

SicT.  1.  Chancellor,  judges,  &c.  how  appointed. 

2.  Tenure  of  offiees  of  chancellor,  justices  of  the  supreme  court  and  circuit  judges. 

3.  Chancellor,  justices  of  the  supreme  court,  and  circuit  judges  can  hold  no  other  office. 

4.  Judges  of  county  courts,  &c.  hold  for  five  years,  subject  to  removal. 

5.  If  office  of  first  judge  be  vacant,  governor  to  designate  a  successor  in  his  nomination. 

6.  Tenure  of  office  of  masters  and  examiners  in  chancery. 

7.  Masters  in  chancery  required  to  be  counsellors  or  solicitors. 

8.  Blasters  and  examiners  prohibited  from  acting  in  certain  cases. 

9.  Surrogates,  &c.  how  appointed. 

10.  Tenure  of  their  offices. 

11.  Supreme  court  commissioners  required  to  be  counsellors  at  law. 

12.  Marshals  of  Hudson  and  Troy  how  iippointed. 

chan^cello^^&c.  ^  J,  Thc  chanccllor,  the  justices  of  the  supreme  court,  and 
the  circuit  judges,  the  judges  of  county  courts,  the  recorders 
of  cities,  and  masters  and  examiners  in  chancery,  are  nomi- 
nated by  the  governor,  and  appointed  by  him,  with  the  con- 
sent of  the  senate.  The  chief  justice  and  associate  judges 
of  the  superior  court  of  law^  in  and  for  the  city  and  county  of 
New- York,  shall  be  nominated  and  appointed  in  the  same 
manner.  (27) 

Tenureof certain  ^  2.  The  chanccllor,  the  justiccs  of  the  supreme. court  and 
the  circuit  judges,  hold  their  offices  during  good  behaviour, 
or  until  they  respectively  attain  the  age  of  sixty  years  ;  but 
may  be  removed  by  a  joint  resolution  of  the  two  houses  of 
the  legislature,  if  such  resolution  be  concurred  in  by  two- 
thirds  of  all  the  members  elected  to  the  assembly,  and  a  ma- 
jority of  all  the  members  elected  to  the  senate.  (28) 

Can  hold  no         §3.  Neither  the  chancellor,  nor  a  justice  of  the  supreme 

other  office.  ^  .         .     .     ,  i  i  ,  re  i  ,• 

court,  nor  a  circuit  judge,  can  hold  any  other  omce  or  public 

(27)  Const,  art.  4,  section  7  &  12,  and  laws  of  1828,  chapter  137,  March  31, 1828,  section  2 ; 
lb.  chapter  321,  sect.  1.    »         (28)  Const,  art.  5,  section  3  &  5^  and  art.  1,  section  13. 


OFFICERS APPOINTMENT  OP  JUDICIAL,  <fcC.  539 

trust ;  and  all  votes  given  to  either  of  them,  for  any  elective 
office,  either  by  the  legislature  or  the  people,  during  his  con- 
tinuance in  his  judicial  office,  are  void, (29) 

§  4.  Judges  of  county  courts,  recorders  of  cities,  the  first  Judges  of  county 

•    J  /•   1  r  1  .        ,  .  '  courts,  &c. 

judge  ot  the  court  ot  common  pleas  m  the  city  and  county  of 
New- York,  the  chief  justice  and  associate  judges  of  the  su- 
perior court  of  law  in  and  for  the  said  city  and  county,  hold 
their  offices  for  five  years  ;  but  may  be  removed  by  the  se- 
nate, on  the  recommendation  of  the  governor,  for  causes  to  be 
stated  in  siich  recommendation. (30) 

§  5.  If  the  offi'.e  of  first  judge  in  any  county  shall  become  ^o,-fj"P''Y^^° 
vacant,  the  governor,  in  his  nomination  to  the  senate,  of  a      ^ 
person  to  supply  such  vacancy,  shall  designate  him  as  first 
judge  of  such  county. 

§  G.  Masters  and  examiners  in  chancery  hold  their  offices  Masters  and  exa- 

■*  111  miiicra  iu  chan- 

for  three  years ;  but  may  be  sooner  removed  by  the  senate,  ^ery. 
on  the  recommendation  of  the  governor.  (31) 

§  7.  No  person  shall  be  appointed  a  master  in  chancery,  ^a^^t'^f^^SlJchan^ 
who  shall  not  be,  at  the  time  of  such  appointment,  of  the  de-  *^">- 
gree  of  counsellor  of  the  supreme  court,  or  of  solicitor  or 
counsellor  in  the  court  of  chancery.  (32) 

§  8.  No  master  or  examiner  in  chancery  shall  act  as  such.  Masters  and  e.va 

.  ,  .  ,  r      1  •       *  r      1  •        nunors  not  to  act 

either  in  the  court  ot  chancer)',  or  in  any  ol  the  equity  in  certain  cases, 
courts  of  this  state,  in  any  cause  or  matter  in  which  he  shall 
be  solicitor  or  counsel,  or  which  shall  be  prosecuted,  defended, 
or  in  any  manner  managed  or  directed,  by  any  solicitor  or 
counsellor,  with  whom  such  master  or  examiner  shall  be  di- 
rectly or  indirectly  connected  in  business. (33) 

§  9.  Surrogates  ;  supreme  court  commissioners  ;  commis- .  snrropates,  &c 
sioners  of  deeds  within  the  city  and  county  of  New- York,  ''""'^^'p^*"^'"'-  ' 
and  in  the  several  cities  of  this  state  ;  notaries  'public  ;  jus- 
tices of  the  marine  court  in  the  city  of  New- York  ;  jus- 

(29)  Const,  art.  5,  section  7.  (30)  Const,  art.  5,  section  fi,  and  laws  of  1828,  chapter 

321,  April  21, 1828.  (31)  Const,  art.  4,  section  12.  (K)  LaAva  of  1818,  p.  44,  ^  3. 

n:\)  Law!»ofiP2»,  p.  :i8,  ^2. 


540  OFFICERS — appointment  op,  by  courts  op  justice. 

tices  of  the  justices'  court  in  the  cities  of  Albany  and  Hud- 
son, and  all  other  justices  in  cities,  except  those  of  whom  the 
constitution  directs  the  mode  of  appointment,  shall  be  nomi- 
nated by  the  governor,  and  appointed  by  him,  with  the  consent 
of  the  senate.  (34) 

'^^'Tfficw!^*''  §  10.  The  justices  of  the  marine  court  in  the  city  of  New- 
York  shall  hold  their  offices  for  five  years  ;  all  the  jus- 
tices mentioned  in  the  preceding  section,  and  surrogates, 
shall  hold  their  offices  for  four  years  ;  the  other  officers 
named  in  the  preceding  section  shall  hold  their  offices  for 
two  years.  (34) 


suprernc%urt  §  11.  No  pcrson  shall  be  appointed  a  supreme  court  com- 
missioner, unless  he  be  at  the  time  a  counsellor  at  law  of  the 
supreme  court. 

MnrshaisofHud-      §  12.  The  marshal  of  the  city  of  Hudson,  and  the  marshal 

eon  and  Troy.  "*  ^  j  ^ 

of  the  city  of  Troy,  shall  be  appointed  by  the  governor,  with 
the  consent  of  the  senate,  and  shall  hold  their  offices  respec- 
tively for  three  years.  (35) 

ARTICLE  SECOND. 

OF  JUDICIAL  OFFICERS  APPOINTED  BY  COURTS  OF  JUSTICE. 

Sect.  13.  Clerk  of  oyer  and  terminer  in  New- York  how  appointed  and  tenure  of  hi«  office. 

14.  Other  clerks  of  courts  how  appointed  ;  clerk  of  mayor's  court  in  Hudson  to  be 

clerk  of  the  city. 

15.  District  attornies  how  appointed.    Must  be  counsellors. 

16.  Tenure  of  office  of  clerks  and  district  attornies. 

17.  Registers  in  chancery  how  appointed  ;  tenure  of  their  offices. 

18.  Reporters  how  appointed  ;  tenure  of  their  offices. 

19.  Must  be  counsellors  of  five  years  standing. 

.  0  20.  Counsellors,  solicitors,  and  attornies  how  appointed. 

21.  Supreme  court  and  chancellor  to  prescribe  rules  and  regulations  as  to  appointment 

of  counsellors,  &c. 

22.  Solicitors  and  counsellors  licensed  in  chancery,  authorized  to  practice  in  all  the 

courts  of  equity. 

23.  Coansellors,  &c.  may  be  removed  or  suspended  ;  tenure  of  their  offices. 

24.  Causes  of  removal. 

25.  Effect  of  removal. 

26.  Clerks  and  registers  prohibited  from  practising  as  counsellors,  &c. 

27.  Sheriffs  and  coroners  also  prohibited. 

28.  Other  officers  of  courts  how  appointed. 

Clerk  of  oyer  and      §  13.  The  clcrk  of  the  court  of  oyer  and  terminer  and  ge- 
lerminermN.Y.  ^q^^^  scssious  of  the  pcacc  in  the  city  and  county  of  New- 

(34)  Lawsofl823,  p.  02,  sect.  7&  8;  lb.  p.  243,  sect.  1.  (35)  Laws  of  1824,  p.  315,  sec. 

1,  as  to  Troy. 


OFFICERS APPOINTMENT  OF,  BY  COURTS  OF  JUSTICE.  541 

York,  is  appointed  by,  and  holds  his  office  during  the  plea- 
sure of  the  court  of  general  sessions  of  the  peace  in  that 
city.  (36) 

§  14.  Clerks  of  courts,  except  those  whose  appointment  is  ^^^^/ourt?"  °^ 
otherwise  provided  for,  are  appointed  by  the  courts  of  which 
they  respectively  are  clerks. (37)     The  clerk  of  the  mayor's 
court  of  the  city  of  Hudson,  shall,  by  virtue  of  his  office,  be 
clerk  of  said  city. 

§  15.  District  attornies  are  appointed  by  the  judges  of  the  ^jj"^''!'^^  *"'J|JJd^ 
county  courts  of  the  respective  counties.  No  person  shall 
be  appointed  a  district  attorney,  unless  he  be  at  the  same 
time  a  counsellor  at  law  of  the  supreme  court ;  but  if  there 
be  no  such  counsellor  residing  in  the  county,  or  none  willing 
to  accfept  the  office,  an  attorney  at  law  may  be  appointed.  (38) 

§  16.  Such  clerks  appointed  by  courts,  and  district  attor-  cierks  and  de- 
nies, hold  their  offices  for  three  years,  but  may  be  sooner  nTreoniTeTr'iffi^ 
removed  by  the  court  appointing  them.  (39)  "^' 

§  17.  The  register  and  assistant-register  in  chancery  are    Regigterf  in 
appointed  by  the  chancellor,  and  hold  their  offices  during  his      '^^'^""'y- 
pleasure.  (40) 

§  18.  The  state  reporter  shall  be  appointed  by  the  lieu-      Reporter, 
tenant-governor,  the  chancellor  and  chief  justice,  and  hold 
his  office  during  their  pleasure.    The  reporter  in  chancery 
shall  be  appointed  by,  and  hold  his  office  during  the  pleasure 
of,  the  chancellor.  (41) 


Ibid. 


§  19.  No  person  shall  be  appointed  a  reporter  who  shall 
not  be,  at  the  time  of  his  appointment,  a  counsellor  at  law  or 
in  chancery,  of  at  least  five  years  standing. 

§  20.  Counsellors,  solicitors  and  attornies,  shall  be  ap-  couMeiior.,  &.c. 
pointed  and  licensed  to  practice  by  the  several  courts   of 
law  and  equity  in  which  they  intend  to  practice.     Their  li- 
censes shall  be  signed  by  the  chancellor,  chief  justice,  or  pre- 

(36)  Const,  art.  4,  section  13.  (37)  Con«t.  art.  4,  section  9.  (38)  Laws  of  1818,  p. 

306,  section  4  ;  1824,  p.  314,  sections.        (39)  Const,  art.  4,  section  9.        (40)  lb.  section  13. 
(41)  Laws  of  18Q.3,  p.  208,  section  3  ;  1825,  p.  385. 


^^^  OFFICERS APPOINTMENT  OF,  BY  COURTS  OP  JUSTICE. 

siding  judge  of  the  courts  by  which  they  shall  respectively  be 
appointed.  (42) 

Ibid.  §  21.  The  supreme  court  shall   prescribe  the  rules  and 

regulations  under  which  •counsellors  and  attornies  shall  be 
appointed  and  licensed  in  that  court,  and  the  chancellor  those 
under  which  counsellors  and  solicitors  shall  be  so  appointed 
and  licensed  in  the  court  of  chancery,  and  the  several  courts 
of  equity.  (42) 

lb.  their  muho-  ^  22.  All  solicitors  and  counsellors,  licensed  in  the  court 
of  chancery,  shall  be  authorized  to  practice  as  such  in  all  the 
courts  of  equity.  (42) 

Tb;  tenure  of  of-  ^  gs.  Counscllors,  soHcitors,  and  attornies  may  be  re- 
moved or  suspended  by  the  several  courts  in  which  they  shall 
be  appointed  ;  but  subject  to  such  removal  and  suspension, 
they  hold  their  offices  during  life.  (43) 

^SfeZov^i  §  24.  Any  counsellor,  solicitor  or  attorney,  may  be  re- 
moved or  suspended,  who  shall  be  guilty  of  any  deceit,  mal- 
practice or  misdemeanor ; (44)  but  not  until  a  copy  of  the 
charges  against  him  shall  have  been  delivered  to  him,  by  the 
clerk  of  the  court  in  which  the  proceedings  shall  be  had, 
and  an  opportunity  shall  have  been  given  to  him,  of  being 
heard  in  his  defence. 

Ibid.  §  25.  The  removal  or  suspension  of  any  counsellor,  soli- 

citor or  attorney  by  the  chancellor  or  the  supreme  court, 
from  their  respective  courts,  shall  operate  as  a  removal 
or  suspension  in  every  court  in  the  state  ;  but  in  every  other 
case,  the  removal  or  suspeosion  shall  be  confined  to  the 
court  in  which  it  shall  be  declared. 

Who  may  not  §  26.  No  clcrk,  dcputv  clcrk,  register,  assistant  register, 
or  deputy  register  of  any  court,  shall,  during  his  continuance 
in  office,  practice  in  such  court  as  counsellor,  solicitor  or 
attorney.  (45) 

Ibid.  §  27.  No  sheriff,  under   sheriff,  deputy  sheriff,    sheriff's 

clcrk,  or  coroner,  shall,  during  his  continuance  in   office, 

(42)  Laws  of  1H23,  p.  215,  sect.  10.  (43)  1  R.  L.  417,  sec.  5.  (44)  ]  R.  L.  417,  «  5. 

(Ai)  lb.  Mnion  10. 


OFFICERS APPOINTMENT  OF,  BY  LOCAL  AUTHORITIES.  54S 

practice  as  a  counsellor,  solicitor  or  attdrncy,  in  any  court  of 
law  or  equity.  (45) 

§  28.  All  officers  of  courts,  other  than  those  above  men-  ,l^//;t7 ''i^Jv^'aj!' 
tioned,  shall  be  appointed  by  the  courts  of  which  they  shall  po^n**'^^- 
respectively  be  officers,  and  shall  hold  their  offices  during 
tho  pleasure  of  the  court  so  appointing  them. 

ARTICLE  THIRD. 

OF  JUDICIAL    OFFICERS  APPOINTED   BY  TUB  LOCAL  AUTHORITIES 
OF  A  COUNTY  OR  CITY. 

Sect.  29.  Commissioners  of  deeds  in  towns  to  be  appointed  by  judges  of  county  courts  and 
boards  of  suporvisors  ;  mode  of  proceeding. 

30.  Supervisor  ineligible. 

31.  Tenure  of  the  oflicc  ;  how  removed. 

32.  Causes  of  removal  to  be  assigned. 

33.  Notice  thereof  to  be  given. 

34.  Special  and  assistant  justices  in  New  York  how  appointed  ;  and  tenure  of  office. 


imissioners 


§  29.  Commissioners  of  deeds  in  each  town  of  the  state   n^.^, 
shall  be  appointed  in  the  manner  following:  JoS' ''"""^ '"''" 

1.  The  judges  of  the"  county  courts  and  the  board  of  su- 
pervisors, in  each  county,  shall  meet  at  separate  chambers 
on  the  day  and  at  the  place  of  the  annual  meeting  of  the 
board  of  supervisors  in  their  respective  counties. 

2.  Each  body,  when  so  met,  shall  nominate  in  separate 
lists  the  number  of  persons  then  to  be  appointed  commis- 
sioners of  deeds,  in  the  several  towns  of  the  county. 

3.  They  shall  meet  together,  for  the  purpose  of  comparing 
their  respective  nominations,  on  the  same  day,  or  on  the  day     * 
following  that  on  which  such  nominations  shall  have  been 
made. 

4.  If  they  shall  agree  in  whole  or  in  part  in  such  nomina- 
tions, the  persons  on  whom  they  so  agree  shall  be  appointed. 

5.  If  they  shall  disagree  in  whole  or  in  part  in  their  nomi- 
nations, they  shall  immediately  proceed  to  elect  by  joint 
ballot  from  the  persons  nominated,  so  many  as  shall  be 
necessary  to  complete  the  number  of  commissioners  then 
to  be  appointed. 

G.  They  shall  make  out  a  certificate  of  appointment,  con- 
taining the  names  of  the  persons  appointed  by  them* 

(45)   1  R.  L.  417,  section  10. 


544  OFFICERS — appointment  of,  by  local  authorities. 

7.  The  certificate  shall  be  signed  by  the  first  or  senior 
judge,  and  by  the  chairman  of  the  board  of  supervisors,  and 
shall  be  filed  in  the  office  of  the  clerk  of  the  county.  (40) 

Who  ineligible.  §  30.  No  supcrvisor  shall  be  appointed  a  commissioner 
of  deeds.  (47) 

Tenure  of  office.  ^31.  Commissioners  of  deeds  in  towns  shall  hold  their 
respective  offices  for  four  years,  but  may  be  removed  by  the 
judges  of  the  county  courts. (46) 

Removal  from  ^  33.  The  causcs  of  such  rcmoval  shall  be  assigned  by  the 
judges  in  v^riting,  and  shall  be  filed  in  the  office  of  the  clerk 
of  the  county.  (46) 

Ibid.  §  33.  No  commissioner  of  deeds  shall  be  removed  until 

he  shall  have  notice  of  the  charges  made  against  him,  and 
an  opportunity  of  being  heard  in  his  defence.  (46) 

justicwj^n  New-  ^  g^  'pj^g  Special  justices  and  assistant  justices,  and  their 
clerks,  in  the  city  of  Nev^r-York,  are  appointed  by  the  com- 
mon council  of  that  city.  They  hold  their  offices  for  the 
term  of  four  years,  and  are  removable  by  the  county  court 
in  the  same  manner  as  justices  of  the  peace  in  the  towns. (48) 

(46)  Laws  of  1833,  p.  244,  section  4.       [47]  lb.  p.  245.       [48]  Const,  art.  4,  sec.  7  &  14. 


OFFICERS ELECTED  SY  THE  PEOPLE. 


545 


ARTICLE  FOURTH. 


OF  JUDICIAL  OFFICERS  ELECTED  BY  THE  PEOPLE. 


Sect.  35. 
36. 
37. 
58. 
39. 

40. 
41. 
42. 

43. 
44. 
45. 

46. 
47. 
48. 

49. 
50. 


Four  justices  to  be  elected  in  each  town  ;  tenure  of  their  offices. 

Not  to  be  removed  unless  notice  shall  have  been  given,  &c. 

When  a  new  town  is  erected,  how  justices  to  be  elected. 

Justices  residing  in  such  new  town  to  be  deemed  justices  thereof. 

Supervisor  of  such  town  to  give  notice  of  meeting  to  determine  the  classes  of  ju»- 

ces  elected  therein. 
Classes  to  be  determined  by  drawing. 
How  to  be  determined  in  case  less  than  four  be  elected. 
If  any  justice  neglects  to  attend,  supervisor  to  draw  for  him.     If  supervisor  be 

absent,  &.c.  town  clerk  to  act  for  hiui. 
Certificates  of  drawing  and  of  result  to  be  made,  filed,  and  recorded. 
If  by  erecting  or  altering  a  town,  there  be  more  than  four  justices  therein,  all  to  act. 
If  by  such  erection  or  alteration  a  town  be  deprived  of  one  or  more  justices,  their 

places  to  be  supplied. 
Proceedings  when  two  or  more  justices  are  elected,  to  ascertain  their  terms. 
Sheriffs,  clerks  of  counties,  and  register  and  clerk  of  New  York,  how  chosen. 
Sheriffs  can  hold  no  other  office,  and  cannot  be  re-elected  at  expiration  of  their 

office. 
Coroners,  when  and  how  to  be  elected. 
Sheriffs,  clerks,  and  coroners  in  new  counties,  when  to  be  chosen. 


§  35.  There  shall  he  four  justices  of  the  peace  in  each  Justice*  in  towns 
town,  divided  into  four  classes,  one  of  whom  shall  he  annu- 
ally elected  in  the  manner  prescribed  in  Chapter  sixth  of  this 
Act.  Each  justice  hereafter  chosen  shall  hold  his  office 
for  four  years,  except  when  elected  to  fill  a  vacancy,  or  on 
the  erection  of  anew  town  as  hereinafter  prescribed;  and 
may  be  removed  by  the  judges  of  the  county  courts. 

§  36.  No  justice  of  the  peace  can  be  removed  until  he  shall   ^^'"^jj^.'  ^'■"'" 
have  notice  of  the  charges  made  against  him,  nor  until  an 
opportunity  be  given  him  of  being  heard  in  his  defence.  The 
causes  of  such  removal  shall  be  assigned  by  the  judges  in 
writing,  and  be  filed  with  the  clerk  of  the  court. 


§  37.  Whenever  a  new  town  shall  be  erected,  an  election   justices 
for  justices  therein  shall  be  held  at  the  next  general  election 
thereafter,  unless  a  special  election  shall  be  directed  by  law. 


m  new 
towns. 


§  38.  If  there  be  one  or  more  justices  then  residing  in  such 
new  town,  they  shall  be  deemed  justices  thereof,  and  shall 
hold  their  ofhces  according  to  their  respective  classes ;  and 
only  so  many  justices  shall  be  chosen  as  shall  be  necessary 
to  complete  the  number  of  four  for  such  town. 

60 


Ibid. 


546  OFFICERS — elected  by  the  people. 


lb.  notice  of 
meeting  to  deter- 


§  39.  After  the  election  of  justices  in  such  new  town,  the 
mine  classes,  supcrvisor  thereof  shall,  withirt  six  days  after  the  completion 
of  the  canvass  by  the  county  canvassers,  give  notice  in  writ- 
ing, to  the  justices  elected  and  to  the  town  clerk,  of  the  time 
and  place  where  he  will  meet  them,  to  determine  by  lot  the 
classes  of  such  justices ;  which  notices  shall  be  served  at 
least  six  days,  and  not  more  than  twelve,  previous  to  the 
time  appointed  therein  for  such  meeting. 


lb.  classes  how 


de^te'imined!^^  §  40.  At  the  time  and  place  so  appointed,  the  supervisor 
and  town  clerk  shall  cause  to  be  written  on  separate  pieces 
of  paper,  as  near  alike  as  may  be,  the  numbers  one,  two  three, 
four,  if  there  shall  have  been  four  justices  elected,  and  shall 
cause  them  to  be  rolled  up  as  nearly  alike  as  may  be,  and  de- 
posited in  a  box.  The  persons  elected  justices  shall  sever- 
ally draw  one  of  the  said  pieces  of  paper,  and  shall  be  class- 
ed according  to  the  number  written  on  the  paper  so  drawn 
by  him,  and  shall  hold  his  office  for  such  number  of  years, 
either  one,  two,  three  or  four,  as  shall  correspond  with  such 
number  so  drawn. 

Ibid.  §  41.  If  less  than  four  justices  shall  have  been  chosen,  then 

ballots  shall  be  prepared  as  above  directed,  with  numbers 
written  thereon,  to  correspond  with  the  numbers  of  the  classes 
which  shall  be  vacant,  and  each  person  elected,  shall,  in  like 
manner,  proceed  to  draw  one  of  the  said  ballots,  and  shall 
be  classed  according  to  the  number  so  written  on  the  ballot 
drawn  by  him,  and  shall  hold  his  office  according  to  such 
number. 

lb.  neglect  to  at-  §  42.  If  any  person  elected  a  justice  shall  neglect  to  attend 
to  such  drawing,  the  supervisor  shall  draw  for  him.  If  the 
supervisor  shall  be  absent  from  his  town,  or  unable  to  serve, 
or  his  office  be  vacant,  the  town  clerk  shall  give  the  notice 
herein  required,  and  perform  the  duties  enjoined  on  sach  su- 
pervisor. 

.3  of  §  43.  Duplicate  certificates  of  such  drawing,  and  of  the 
'^       result  thereof,  shall  be  made,  and  certified  by  the  supervisor 

and  town  clerk,  or  such  one  of  them  as  shall  attend  the  same, 
•      one  of  which  shall  be  filed  with  the  town  clerk  and  the  other 

with  the  county  clerk,  and  shall  be  recorded  by  the  said 


tend 


OFFICERS ELECTED    BY    THE    PEOPDE.  547 

clerks  in  the  books  in  which  the  canvasses  of  votes  shall 
have  been  recorded  ;  and  shall  be  conclusive  evidence  of  the 
respective  classes  to  which  the  persons  so  elected  justices, 
belong. 

§  44.  If  by  the  erection  of  a  new  town  or  the  annexing  of  S^j^^.^i^'/^ilJ^J 
a  part  of  one  town  to  another,  there  should  at  any  time  be  ^ow  their  offices, 
more  than  four  justices  residing  in  any  town,  they  shall  not- 
withstanding hold  and  exercise  their  offices  in  the  town  in 
which  they  reside,  according  to  their  classes  respectively. 
But  on  the  expiration  of  the  term  of  office  of  two  or  more 
justices,  being  in  the  same  class,  only  one  person  shall  be 
elected  to  fill  the  vacancy  in  such  class. 

§  45.  Whenever,  by  the  erection  of  a  new  town,  or  the  ^viRMMmmiTefrc- 
annexing  of  part  of  one  town  to  another,  any  town  shall  be  *^"'^*^'^* 
deprived  of  one  or  more  justices,  by  their  residence  being 
within  the  part  set  off,  the  inhabitants  of  such  town  shall,  at 
the  next  general  election,  supply  the  vacancy  so  produced 
in  the  classes  to  which  such  justices  may  belong  :  and  if  two 
or  more  justices  be  elected,  the  same  proceedings  shall  be 
had,  as  before  directed,  to  determine  their  respective  classes. 

§  40.  Whenever  there  shall  be  two  or  more  justices  cho-  ^viKn"eh«ni"rfor 
sen  at  any  election,  one  or  more  of  whom  shall  be  chosen  to  un«i<»'i' terms, 
supply  a  vacancy,  and  one  for  the  regular  term,  the  class  to 
which  each  justice  shall  belong,  and  the  term  for  which  he 
shall  serve,  shall  be  determined  by  lot,  in  the  presence  of  the 
supervisor  and  town  clerk,  within  the  time  and  in  the  man- 
ner herein  before  directed ;  the  same  notice  shall  be  given, 
the  same  proceedings  had,  and  the  result  certified  with  the 
like  effect  as  before  declared. 

§  47.  Sheriffs  and  clerks  of  counties,  and  the  register  and   ^'fJew^ytS'" 
clerk  of  the  city  and  county  of  New- York,  are  chosen  by  the 
electors  in  the  respective  counties,  once  in  every  three  years, 
and  as  often  as  vacancies  occur.  (41)) 


§  48.  Sheriffs  can  hold  no  other  office,  and  are  ineligible 
to  the  same  office  for  the  next  three  years,  after  the  termina- 
tion of  their  offices.  (50) 

(49)  Const,  article  4,  section  B.  (50)   Ibid. 


Disal>i!itio3  of 
sllel•ill■^^. 


548  OFFICERS ADMINISTRATIVE,  HOW  APPOINTED. 

coronerg;  ^  49.  One  coroner  in  the  city  and  county  of  New- York, 
and  four  in  every  other  county  in  the  state,  shall  be  elected 
in  the  same  manner  and  at  the  same  general  election  as 
sheriffs,  hold  their  offices  for  the  same  term,  and  be  remova- 
ble in  like  manner.  (51) 

^^^'JountiJs"^"'  §  50.  The  sheriffs,  clerks  and  coroners  first  chosen  in  every 
county  that  may  hereafter  be  erected,  shall  be  elected  at  the 
general  election  next  succeeding  the  erection  of  the  county, 
or  at  such  other  time  as  the  legislature  shall  direct. 


TITL.E  V. 

OF  ADMINISTRATIVE  OFFICERS. 


Sect.  1.  Who  •oramissioners  of  land-office. 

2.  Who  commissioners  of  the  canal  fund. 

3.  Canal  commissioners  how  to  be  appointed ;  tenure  of  their  office, 

4.  Vacancies  in  the  office  of  canal  commissioner  how  to  be  supplied.  "'  "^ 

5.  Canal  board  of  whom  to  consist. 

6.  Superintendents  of  canal  repairs,  how  appointed  and  removed. 

7.  C'ollectorsofcanal  tolls  how  appointed  ;  tenureof  their  offices. 

8.  Comptroller  may  remove,  and  may  make  temporary  appointments. 

9.  Canal  appraisers  how  appointed.    Not  to  act  when  interested. 
.10.  Who  trustees  of  state  library. 

11.  Secretary  of  state  to  be  superintendent  of  common  schools  and  state  sealer. 

12.  Mayors  of  cities  how  appointed,  and  when. 

13.  County  treasurers  how  appointed;  tenure  of  their  offices.     Certain  officers  in- 

eligible. 

14.  County  sealers  how  appointed  ;  tenure  of  their  offices. 

15.  Commissioners  of  loans  and  various  officers,  to  be  appointed  by  governor  and 

senate. 

16.  Tenure  of  their  offices. 

17.  Clualifications  required  of  health  officers.    May  be  removed. 

18.  Vacancies  in  officeof  commissioners  of  health  may  be  supplied  by  board  of  health. 

19.  Loan-officers  how  appointed,  and  tenure  of  their  offices. 

20.  Inspectors  of  hops,  &,c.  to  be  appointed  by  governor ;  tenure  of  their  offices. 

Commissioners      §  1,  The  lieutenant-ffovemor,  the  Speaker  of  the  asscmblv, 

of  land  office.  '  i  i       i 

the  secretary  of  state,  the  attorney-general,  the  surveyor- 
general,  the  comptroller,  and  the  treasurer,  are  by  right  of 
office,  and  shall  continue  to  be  commissioners  of  the  land 
office.  (52) 

Commissioners      §  2.  All  the  officcrs  mentioned  in  the  preceding  section, 

of canal  fund.  ^  . 

except  the  speaker  of  the  assembly,  by  right  of  office,  are, 

(51)  Const,  art.  4,  section  11 ;  Laws  of  1822,  p.  181,  section  4.        (5-2)  1  R.  L.  292,  section 
1 ;  Laws  of  1815,  p.  10,  section  5. 


OFFICERS ADMINISTRATIVE,  HOW  APPOINTED.  549 

and  shall  continue  to  be,  commissioners  of  the  canal  fund ; 
but  they  cannot  act  as  a  board  unless  the  comptroller  shall 
be  present. (53) 


Canal  commis- 
sioners. 


§  3.  The  canal  ^commissioners  shall  be  appointed  by  the 
legislature,  who,  in  making  such  appointment,  shall  proceed 
in  the  same  manner  as  in  the  appointment  of  secretary  of 
state  and  other  state  officers.  The  tenure  of  their  office  is 
during  the  pleasure  of  the  legislature. (54.) 

§  4.  If  a  vacancy  shall  occur  in  the  office  of  canal  com-         ^^id. 
missioner,  during  a  recess  of  the  legislature,  it  shall  be  sup- 
plied by  the  appointment  of  the  governor ;  but  the  powers  of  « 
the  officer  appointed  shall  cease  at  the  next  meeting  of  the 
legislature.  (55) 

§  5.  The  canal  board  shall  consist  of  the  canal  commis-    Canai  board, 
sioners,  and  the  commissioners  of  the  canal  fund.  (56) 

§  6.  Superintendents  of  canal  repairs  shall  be  appointed  superintendents 
by  the  canal  board.    Either  of  the  acting  canal  commissioners  *'^"'=^"*'  repairs. 
may  remove  any  of  the  said  superintendents,  and  fill  the  va- 
cancy occasioned  by  such  removal,  by  an  appointment  to 
continue  until  the  next  meeting  of  the  canal  board.  (57) 

§  7.  Collectors  of  canal  tolls  shall  be  appointed  bv  the     collectors  of 

"  canal  toll. 

canal  board,  and  shall  hold  their  offices  for  one  y^ar,  but  may 
be  removed  at  any  time  by  such  board.  (58) 

§  8.  The  comptroller  shall  also  have  power  to  remove       ibid.         ; 
any  of  the  said  collectors,  at  his  pleasure,  and  to  fill  the  va- 
cancy occasioned  by  such  removal,  until  the  next  meeting  of 
the  canal  board.  (59) 

§  9.  The  canal  appraisers  shall  be  nominated  by  the  go-  canai  appraisers 
vernor,  and  appointed  by  him,  with  the  consent  of  the  senate. 
No  person  shall  act  as  appraiser  in  any  case  in  which  he 
shall  be  either  directly  or  indirectly  interested.  (60) 

(53)  Laws  of  1817,  p  301,  ^  1.        (54)  Laws  of  181G,  p.  295,  section  1 ;  1817,  p.  202,  sec.  2. 
(55)  Laws  of  1817,  p.  302,  section  2.        (50)  Laws  of  1826,  p.  300,  section  4.         (57)  Law.s 
of  1836,  p.  3fjO,  section  1  &  3 ;  1827,  p.  223,  section  13.      (58)  lb.  section  5,  6.      (50)  lb.  s.  17. 
(60)  Laws  of  1825,  page  398,  section  1. 


550  OFFICERS ADMINISTRATIYE,  HOW  APPOINTED. 

iSy.^^ °^^^^^*  ^  ^^'  The  governor,  the  lieutenant-governor,  the  secretary 
of  state,  the  attorney- general  and  the  comptroller,  by  right  of 
office,  are,  and  shall  continue,  trustees  of  the  state  library.  (61) 

'       ofcoTmSoofs      §  11.  The  secretary  of  state,  by  right  of  office,  is  and 
and  state  sealer,  gj^^jj  ^^  superintendent  of  common  schools,  and  state  sealer 
of  weights  and  measures.  (62) 

Mayors  of  cities.  §  12.  The  mayors  of  the  respective  cities  in  the  state  are 
appointed  annually  by  the  common  councils  of  the  respec- 
tive cities.  (63) 

rers""'^  ^'^^^^  §  13.  The  board  of  supervisors  of  each  county  shall  ap- 
•  point  some  reputable  freeholder  of  the  same  county  to  be 
treasurer  thereof,  who  shall  hold  his  office  during  the  pleasure 
of  the  board  appointing  him.  No  supervisor,  or  clerk  of 
the  board  of  supervisors,  shall  be  appointed  to,  or  hold,  the 
office  of  county  treasurer.  (64) 

County  sealers.  §  14.  Couuty  scalers  of  Weights  and  measures  shall  be 
appointed,  each  by  the  board  of  supervisors  of  the  county 
for  which  he  shall  be  appointed,  and  shall  hold  their  offices 
during  the  pleasure  of  the  board  appointing  them.  (65) 

ofillalTsranrvft-  §  15.  Commissioncrs  for  loaning  monies  under  the  act  en- 
ce°rsf  how  ^a^-  titled  "  Au  act  authorizing  a  loan  of  money  to  the  citizens 
pointed.  ^|.  ^j^-g  stj^te,"  passed  April  11,  1808  ;  loan  officers  of  the 

county  of  Putnam  ;  inspectors  of  state  prisons  ;  superin- 
tendents of  salt  springs  ;  inspectors  of  salt  in  the  county  of 
Onondaga ;  harbor-masters,  wardens  and  branch  pilots  of 
the  port  of  New- York  ;  auctioneers  ;  inspectors  of  flour, 
of  leather,  of  beef  and  pork,  of  distilled  spirits,  of  lumber, 
flax-seed,  and  of  pot  and  pearl  ashes ;  the  inspector  of  leaf 
tobacco  in  the  city  and  county  of  New- York  ;  the  inspector- 
generals  of  staves  and  heading;  cullers  of  staves  and  head- 
ing ;  weigher  at  the  quarantine  ground  on  Staten-Island ; 
health  officer,  resident  physician  and  health  commissioner  of 
the  city  of  New-York  ;  the  president  of  the  village  of  Utica ; 
the  agent  of  the  Onondaga  tribe  of  Indians  ;  superintendents 

(61)  Laws  of  1824,  p.  302,  sec.  22.  (62)  Laws  of  1821,  p.  ai9,  section  2  ;  1  R.  L.  .TTC, 

section  2.  (G3)  Const,  art.  4,  ^  10.  (64)  1  R.  L.  138,  §4.  (65)  lb.  376,  ^  2. 


OFFICERS ADMINISTRATIVE,  HOW  APPOINTED.  551 

of  the  Brothertown  Indians  ;  the  attorney  of  the  Oneida  In- 
dians ;  such  bank  directors  as  the  state  may  be  authorized  to 
appoint,  shall  be  nominated  by  the  governor,  and  appointed 
by  him,  with  the  consent  of  the  senate.  (66) 

§  16.  The  officers  enumerated  in  the  last  section,  shall  ^°offic"c3.  ^^*' 
hold  their  respective  offices  for  two  years,  except  superin- 
tendents of  salt  springs,  inspectors  of  salt  in  the  county  of 
Onondaga,  inspector  of  leaf  tobacco  in  New- York,  auc- 
tioneers and  bank  directors,  who  shall  hold  their  offices  for 
one  year.  (66) 


^17.  No  person  but  a  licensed  physician  shall  be  appoint- 
ed^to  the  office  of  resident  physician,  health  commissioner, 
or  health  officer  of  the  city  of  New- York.  Either  of  them 
may  be  removed  by  the  governor  during  the  recess  of  the 
senate.  (67) 


Health  ofTicors  of 
New-York. 


§  18.  The  board  of  health  may  supply  any  vacancy,  that 
may  occur  in  the  office  of  either  of  the  commissioners  of 
health  of  the  city  of  New-York,  whether  arising'from  the 
temporary  inability  of  the  officer  to  discharge  his  duties,  or 
otherwise  ;  but  the  person  so  appointed  shall  hold  his  office 
only  until  such  inability  be  removed,  or  the  sense  of  the  go- 
vernor, or  of  the  governor  and  senate  be  declared.  (67) 


Ibid, 


§  19.  Loan  officers  under  the  act  entitled  "An  act  for 
loaning  monies  belonging  to  this  state,"  passed  the  14th 
day  of  March,  1792,  shall  be  appointed  ■  and  removed,  by 
the  votes  of  at  least  two-thirds  of  the  board  of  supervisors 
of  their  respective  counties,  at  their  pleasure.  (68) 


Loan  officers. 


§  20.  Inspectors  of  hops,  of  fish,  of  oil ;  wreck  masters  ;  inspcctc^s  or 
inspectors  of  turnpikes ;  health  officers  of  the  cities  of  Al- 
bany and  Hudson ;  the  peace-makers  of  the  Brothertown 
Indians  ;  and  the  receiver  of  the  profits  of  the  state  pier  at 
Sag-IIarbor,  shall  be  appointed  by  the  governor,  and  seve- 
rally hold  their  offices  for  the  term  of  two  years.  (69) 


(66)  Laws  of  1822,  p.  159 ;  1823,  p.  64,  section  1  ;  p.  81,  section  40  ;  18-25,  p.  80;  p.  232,  sec. 
tion  1 ;  p.  443,  section  1  ;  Laws  of  1828,  chapter  274,  section  1.  (67)  Laws  of  1823,  page 

64,  section  1.  (68)  Laws  of  1821 ,  p.  09,  section  8.  (69)  Laws  of  1823,  p.  81,  section 

40 ;  244,  section  2 ;  1825,  p.  23i. 


552  OFFICERS — qualification,  duration,  «fec. 


TITtrEJ  VI. 

GENERAL  PROVISIONS  APPLICABLE  TO    ALL  THE   CIVIL  OFFICERS 
OF    THIS  STATE,  OR  TO  CERTAIN  CLASSES  OF  THEM. 

Art.  1.— General  provisions  respecting  the  appointment  of  officers,  their  qualifications,  the 

commencement  and  durat  ion  of  their  offices. 
Art.  2. — Of  nominations  to  offices,  and  the  commissions  of  officers. 
Art.  3.— Of  the  oath  of  office,  and  the  official  bond. 

Art.  4. — Of  resignations,  vacancies,  and  removals,  and  the  means  of  supplying  them. 
Art.  5. — Proceedings  to  compel  the  delivery  of  books  and  papers  by  public  officers  to  their 

successors. 

ARTICLE  FIRST. 

GENERAL  PROVISIONS  RESPECTING  THE  APPOINTMENT  OF  OFFI- 
CERS, THEIR  QUALIFICATIONS,  THE  COMMENCEMENT  AND  DU- 
RATION OF  THEIR  OFFICES. 

Sect.  L  No  person  can  hold  an  office  unless  twenty-one  years  of  age  and  a  citizen. 

2.  Members  of  common  councils  of  cities  ineligible  to  certain  offices  in  the  gift  of 

such  councils. 

3.  When  officers  to  enter  on  their  duties. 

4.  Officers  whose  appointment  is  not  otherwise  provided  for,  to  be  appointed  by  gc^- 

vernor  and  senate. 

5.  Assistants  and  deputies  how  to  be  appointed. 

6.  Their  number,  how  limited. 

7.  Their  power  and  duties  during  a  vacancy. 

8.  Offices,  when  duration  is  not  specially  provided  for. 

9.  Certain  officers  to  act  until  their  successors  are  qualified. 
10.  Shcriif  and  clerks  of  counties  to  act  in  like  manner. 

§  1.  No  person  shall  be  capable  of  holding  a  civil  office, 
who,  at  the  time  of  his  election  or  appointment,  shall  not  have 
attained  the  age  of  twenty-one  years,  and  who  shall  not  then 
be  a  citizen  of  this  state. 

§  2.  No  person  elected  to  the  common  council  of  any  of 
the  cities  of  this  state,  shall,  during  the  term  for  which  he 
shall  have  been  elected,  be  appointed  to  any  office  of  profit  in 
the  gift  of  such  common  council ;  but  this  prohibition  shall 
not  extend  to  any  officers,  whose  appointment  is,  by  the 
constitution,  vested  in  the  common  council  of  any  city. 

of  offiSf"^^'"*"^  §  3.  All  officers  elected  by  the  people,  unless  they  shall  be" 
elected  to  supply  vacancies  then  existing,  shall  enter  on  the 
duties  of  their  respective  offices  on  the  first  day  of  January 
following  the  election  at  which  they  shall  be  chosen.  (70) 

C'/O)  Constitution,  article  1,  section  14, 


OFFICERS QUALIFICATION  AND  DURATION  OP  OFFICE.  55S 

§  4.  Every  officer,  the  mode  of  wfiose  appointment  is  not     '^JJl^veri"^ 
prescribed  by  the  constitution,  or  is  not,  or  shall  not  be  pre- 
scribed by  law,  shall  be  nominated  by  the  governor,  and  ap- 
pointed by  him,  with  the  consent  of  the  senate. 

§.5.  All  assistants,  deputies,  and  other  subordinate  offi- ^.JP^^^j  ^g,,^ 
ccrs  of  every  description,  whose  appointment  is  not,  or  shall  p"^"^*^^- 
not  be  specially  provided  for,  shall  be  appointed  by  the  body, 
board  or  officer,  to  which,  or  to  w^hom,  they  shall  be  respec- 
tively subordinate. 

§  G.  When  the  number  of  such  subordinate  officers  is  not  Their  number, 
or  shall  not  be  directed  by  law,  it  shall  be  limited  at  the  (Jis- 
cretion  of  the  apffointing  power. 

§  7.  In  all  cases  not  otherwise  provided  for,  each  deputy  Their  powers, 
shall  possess  the  powers,  and  perform  the  duties  attached  by 
law  to  the  office  of  his  principal,  during  a  vacancy  in  such 
office,  and  during  the  absence  of  his  principal. 

§  8.  Every  office  of  which  the  duration  is  not  prescribed  nuratioivofcer- 

11  •         •  -  1      11  111111  tain  offices. 

by  the  constitution,  ot  is  not,  or  shall  not  be  declared  by  law, 
shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment.  (71) 

§  9.  Every  officer  duly  appointed,  except  the  chancellor,  officers  to  hold 
justices  of  the  supreme  court,  and  circuit  judges,  who  shall 
have  duly  entered  on  the  duties  of  his  office,  shall  continue  to 
discharge  the  duties  thereof,  although  his  term  of  office  shall 
have  expired,  until  a  successor  in  such  office  shall  be  duly 
qualified.  (72) 

§  10.  Sheriffs  and  clerks  of  counties,  including  the  regis-        ibid, 
ter  and  clerks  of  the  city  and  county  of  New- York,  shall  in 
like  manner  continue  to  discharge  the  duties  of  their  offices, 
until  their  respective  successors  shall  be  duly  qualified. (73) 

(71)  Const,  art.  4,  ^  16.  C'2)  Laws  of  iSii,  i>.  SSO,  (73)  1  R.  L.  420,  $  4. 


70 


554 


OFFICERS N03IINATIONS  AND  COMMISSIONS. 


ARTICLE  SECOND. 

OF  NOMINATIONS  TO  OFFICES,  AND  THE  COMMISSIONS  OF 
OFFICERS. 

Sect.  11.  Nojninatior.s  of  governor  to  senate  how  made. 

12.  When  senate  concur  in  nomination  or  removal,  clerk  to  deliver  certified  copies. 

13.  When  an  officer  is  removed  by  tlie  legislature,  certified  copy  of  resolution  to  be 

delivered. 

14.  Commissions  of  civil  officers  how  made  out, 

15.  Commissions  and  supersedeas  how  forwarded. 

16.  When  governor  shall  so  direct,  messengers  to  be  sent,  and  notice  to  be  published. 

17.  Certificates  of  board  of  canvassers  to  be  evidence  of  election. 

1$.  Certificate  of  liis  appointment  to  be  delivered  to  each  commissioner  of  deeds. 
19,  Other  officers  how  commissioned. 


Nominations  to 
be  written,  &.c. 


§  11.  All  nominations  made  by  the  governor  of  the  senate, 
shall  be  in  writing.  (74)  Except  in  the  nomination  of  a  chan- 
cellor, chief  justice,  or  justice  of  the  supreme  court,  he  shall 
designate  the  district,  county,  city,  or  place  for  which  the  of- 
ficers nominated  arc  intended  to  be  appointed,  and  the  place 
of  resrdence  of  the  candidate  nominated. 


Resolution  of 
concurrence. 


§  12.  Whenever  any  person  nominated  by  the  governor 
shall  have  been  appointed  by  the  senate  to  any  civil  office, 
or  any  officer  shall  be  removed  by  the  senate  on  the  recom- 
mendation of  the  governor,  it  shall  be  the  duty  of  the  clerk 
of  the  senate  immediately  to  deliver  a  copy  of  the  resolution 
of  concurrence  in  such  nomination  or  recommendation,  cer- 
tified by  the  president  and  the  clerlv  of  the  senate,  to  the  se- 
cretary of  state,  and  anotlier  copy  certified  by  the  clerlv,  to 
the  governor. 


ReBolution  of 
removal. 


§  13.  Whenever  any  officer,  whose  nomination  is  vested 
in  the  governor,  shall  be  removed  by  a  joint  resolution  of 
the  two  houses  of  the  legislature,  it  shall,  be  the  duty  of  the 
clerk  of  the  house  in  which  such  resolution  originated,  im- 
mediately to  deliver  a  certified  copy  thereof  to  the  governor. 


CommiBsioiis 
how  made  out. 


§.  14.  The  commissions  of  all  civil  officers  appointed  by 
the  governor  and  senate,  or  by  the  governor,  shall  be  signed 
by  the  govehior,  and  attested  by  the  secretary  of  state,  under 
the  seal  of  this  state,  and  shall  be  recorded  by  the  secretary. 


(74)  Const,  art.  4,  §  7. 


OFFICERvS NOMINATIONS  AND  COMMISSIONS. 


655 


§  ]5.  When  any  such  appointment  shall  be  made,  or  any  How  forwarded 
person  shall  be  superseded  in  office,  the  secretary  of  state 
shall  send  such  commission  or  supersedeas,  by  mail  or  other- 
wise, to  the  clerk  of  the  county  wherein  the  person  appoint- 
ed or  superseded  shall  reside.  (75) 


§  16.  Whenever  the  governor  shall  so  direct,  the  secretary 
of  state  shall  despatch  a  messenger  to  the  person  so  appoint- 
ed or  superseded,  or  to  the  clerk  of  the  county,  with  the  com- 
mission or  supersedeas  ;  and  whenever  directed  by  the  go- 
vernor, he  shall  also  cause  notice  of  such  supersedeas  to  be 
published  for  two  weeks  successively  in  the  state  paper ; 
which  publication  shall  be  deemed  a  sufficient  notice  within 
the  provisions  of  this  Title.  (70) 


Ibid. 


§  17.  The  certificates  of  the  board  of  canvassers  authoriz- 
ed to  canvass  the  votes  given  for  any  elective  office,  shall 
be  evidence  of  the  election  of  the  persons  therein  declared 
to  have  been  elected. 


Certificate  of 
canvassers. 


§  18.  A  duplicate  certificate  of  the  appointment  of  commis-   commissioncrB 
sioners  of  deeds  in  towns,  signed  by  the  first  judge  and  the 
chairman  of  the  board  of  supervisors,  shall  be  made  and  de- 
livered to   each  commissioner   appointed,   which  shall   be 
deemed  his  commission. 


6  19.  The  commissions  of  all  other  officers,  where  no  spe-  commissionBof 

otJier  oflicers. 

cial  provision  is  made  by  law,  shall  be  signed  by  the  presid- 
ing officer  of  the  board  or  body,  or  by  the  person  making 
the   appointment. 


1  R,  L.  459,  section  4. 


(76)  lb.  &  section  4,  5. 


556 


OFFICERS OATH  AND  OFFICIAL  BOND  OF. 


ARTICLE  THIRD. 


OF  THE  OATH  OF  OFFICE,  AND  THE  OFFICIAL  BOND. 


Sect.  20. 
21. 


2G. 


32. 


Persons  elected  or  appointed  to  civil  offices,  to  take  oath. 

Tini«  within  which  such  oath  is  to  be  taken. 

Before  whom  sucli  oath  may  be  taken. 

Justices  of  the  peace  and  commissioners  of  deeds  to  take  oath  before  county  clerk 

Oaths  when  certified  lo  be  deposited  with  certain  officers. 

Deputies  to  take  oaths. 

Ollicial  bonds  to  be  filed  within  the  same  time  that  oath  is  to  be  filed. 

Notice  to  be  given  of  neglect  to  file  official  bond  or  oath. 

Buiy  of  the  comptroller  when  such  bond  was  to  have  been  filed  with  him. 

Bond  to  be  deemed  in  full  force  so  long  as  the  officer  discharges  the  duties  of  his 

office. 
But  the  sureties  are  exonerated  after  the  renewal  of  such  bond. 
Persons  executing  offices  without  taking  oath  or  filing  bond,  to  forfeit  such  offices 

and  to  be  deemed  guilty  of  a  misdemeanor. 
Members  of  legislature  may  talie  the  oath  at  any  time  during  their  term  of  office. 


Oath  of  office.  §  20.  Every  person  who  shall  be  elected  or  appointed  to 
any  civil  office  or  public  trust  embraced  in  this  Chapter,  be- 
fore he  shall  enter  on  the  duties  of  such  office  or  trust,  shall 
take  the  following  oath  or  affirmation :  "  I  do  solemnly 
swear,"  or  "  affirm,"  as  the  case  may  be,  "  that  I  w^ill  sup-, 
port  the  constitution  of  the  United  States,  and  the  constitu- 
tion of  the  state  of  New- York,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of  according  to  the 
best  of  my  ability." (77) 


When  to  be 
taken. 


§  21.  Whenever  a  different  time  shall  not  be  prescribed 
by  law,  such  oath  of  office  shall  be  taken  and  subscribed,  and 
deposited  in  the  proper  office,  within  fifteen  days  after  the 
officer  shall  be  notified  of  his  election  or  appointment,  or 
within  fifteen  days  after  the  commencement  of  his  term  of 
office. 


Before  whom.  §  22.  The  oath  may  be  taken  and  subscribed,  except 
where  otherwise  provided,  before  the  chancellor,  any  justice 
of  the  supreme  court,  any  circuit  judge,  the  secretary  of  state, 
the  attorney-general,  the  lieutenant-governor,  the  president 
of  the  senate  for  the  time  being,  the  speaker  of  the  house  of 
assembly,  any  judge  of  any  county  court,  any  mayor  or  re- 
corder of  any  city,  the  clerk  of  any  county  or  city  or  of  any 
court  of  record. 

(77)    Const,  art.  6,  ^  1. 


OFFICERS OATH  AND  OFFICIAL  BOT»JD  OF.  557 

?  23.  The  oath  of  justices  of  the  peace  and  commissioners      itid. 
of  deeds  shall  be  taken  before  the  clerk  of  the  county  for 
which  they  have  been  elected  or  appointed. 

§  24-  Every  such  oath,  duly  certified  by  the  officer  before  ^'""^'^j/g^J'"  *^*'' 
whom  the  same  was  taken,  shall  be  deposited  within  the 
time  required  by  law,  as  follows  : 

1.  The  oath  of  the  governor,  lieutenant-governor,  chan- 
cellor, justices  of  the  supreme  court,  comptroller,  secretary 
of  state,  attorney-general,  treasurer,  surveyor-general ;  of 
the  members  of  the  senate  and  assembly,  and  of  the  clerks, 
sergeant-at-arms  and  door-keepers  thereof;  of  the  canal 
commissioners,  and  all  other  executive  and  administrative 
officers,  whose  authority  is  not  limited  to  any  particular  dis- 
trict or  county,  except  where  otherwise  directed ;  in  the 
office  of  the  secretary  of  state. 

2.  The  oath  of  circuit  judges,  in  the  office  of  the  clerk  of 
the  county  in  which  they  respectively  reside. 

'  3'.  The  oaths  of  counsellors,  solicitors,  and  attornies,  shall 
be  taken  before  the  court  of  which  they  are  respectively  of- 
ficers, and  shall  be  deposited  in  the  office  of  the  clerk  or 
register  of  such  court. 

4.  The  oath  of  registers  and  clerks  in  chancery,  and  of 
clerks  of  'courts  of  ccjuity  and  .common  law,  shall  be  depo- 
sited in  their  respective  offices. 

5.  The  oath  of  supreme  court  commissioners,  notaries 
public,  superintendents  of  canal  repairs,  and  collectors  of  ca- 
nal tolls,  in  the  office  of  the  clerk  of  the  county  in  which  they 

.  reside. 

6.  The  oath  of  all  judicial,  executive  and  administrative 
officers,  appointed  or  elected  for  any  county  or  city,  and  of 
all  officers  whose  duties  are  local,  or  whose  residence  in 
any  particular  district  or  county  is- prescribed  bylaw,  in  the 
office  of  the  clerk  of  the  county  in  which  they  reside. 

^  25.  Whenever  any  officer  is  authorized  or  required  by  Deputies' oath. 
law  to  appoint  a  deputy,  such  deputy  shall  take  the  same 
oath  of  office  within  liftccn  days  after  his  appointment,  and 
shall  cause  the  certificate  thereof  to  be  filed  in  the  office 
where  his  principal  is  required  to  file  his  oath. 


558  OFFICERS OATH  AND  OFFICIAL  BOND  OF. 

> 

Official  bond.  §  26.  Whenever  any  officer  ^s  required  by  law  to  execute 
any  official  bond,  he  shall  cause  the  same  to  be  filed  in  the 
proper  office,  within  the  time  herein  prescribed  for  filing  his 
oath  of  office,  unless  otherwise  provided  by  law. 

Notice  of  neglect.  §  27.  In  case  any  officer  w^ho  is  required  to  file  the  certifi- 
cate of  his  oath  of  office,  or  liis  official  bond,  with  the  secre- 
tary of  state  or  with  any  county  clerk,  shall  neglect  to  do  so 
witliin  the  time  required  by  law,  it  shall  be  the  duty  of  such 
secretar}^  or  clerk  immediately  to  give  notice  of  such  neglect 
to  the  governor.  And  when  any  justice  of  the  peace  shall 
neglect  to  file  the  certificate  of  his  oath  of  office,  the  county 
clerk  shall  also  give  notice  of  such  neglect  to  the  supervisor 
of  the  town  for  wiiich  such  justice  was  elected. 

Ibid.  §  28.  Whenever  any  official  bond  is  required  b)'  law  to  be 

filed  with  the  comptroller,  and  there  shall  be  a  neglect  to  file 
the  same  within  the  time  prescribed,  the  comptroller  shall  im- 
mediately give  notice  thereof  to  the  governor,  in  case  the  of- 
ficer was  commissioned  by  him,  and  if  not  so  commissioned, 
then  to  the  board  or  body  w^iich  appointed  the  officer  so 
neglecting. 

Effect  of  bond.  §  29.  Evcry  bond  executed  by  any  officer  pursuant  to  law 
for  the  faithful  discharge  of  the  duties  of  his  office,  shall  be 
deemed  to  be  in  force,  and  obligatory  upon  the  principal  and 
sureties  therein,  so  long  as  such  officer  shall  continue  to  dis- 
charge the  duties  of  his  office,  and  until  his  successor  shall  be 
appointed  and  duly  qualified. 

Ibid.  §  30.  But  the  sureties  in  any  such  bond  shall  be  exonerated 

from  all  liability  by  reason  thereof,  for  all  acts  or  omissions 
of  their  principal,  after  he  shall  have  duly  renewed  any  of- 
ficial bond,  pursuant  to  law. 

Penaitj- for  act-  §31.  If  any  pci'sou  sliall  execute  any  of  the  duties  or 
K'nd!°'''°'''^  functions  of  any  office,  without  having  taken  and  subscribed 
the  oath  of  office  required  by  law,  or  without  having  executed 
*knd  filed  in  the  proper  office  any  bond  required  by  law,  he 
shall  forfeit  the  office  to  which  he  may  have  been  elected  or 
appointed,  and  shall  be  deemed  guilty  of  a  misdemeanor,  pun- 
ishable by  fine  or  imprisonment (78). 

(78)   1  R.  L.  385,  section  3. 


OFFICERS— DESIGNATIONS,  VACANCIES,  REMOVALS  OF.  559 

§  32.  Members  of  the  legislature  may  take  the  oath  of  of-    Legislature, 
fice  at  any  time  during  the  term  for  which  they  were  elected. 


ARTICLE  FOURTH. 

OF  RESIGNATIONS,  VACANCIES,  AND   RE3IOVALS,  AND  THE  MEANS 
OF  SUPPLYING  THEM. 

Skct.  33.  Resignations  to  what  officers  to  be  made. 

34.  Offices  when  to  become  vacant. 

35.  WJienever  any  officer  shall  be  convicted  of  an  infamous  crime,  &.c.  and  in  certain 

cases  court  to  give  notice  to  the  governor. 

36.  Governor  to  give  notice  to  the  body,  board,  or  oflicer,  whose  duty  it  shall  be  to  fill 

vacancy  or  order  election. 

37.  When  officers  die  or  remove,  county  clerk  to  give  notice  to  governor. 

38.  Governor  may  remove  all  officers  who  are  appointed  by  him. 

•     39.  Treasurers  and  other  receivers  of  public  money  may  be  removed  by  the  governor, 
on  the  report  of  the  comptroller. 

40.  If  judgment  be  obtained  for  a  breach  of  an  official  bond,  goveruoi  may  declare  of- 

fice vacant. 

41.  Certain  officers  appointed  by  governor  and  senate,  may  be  removed  by  the  senate, 

on  the  recommendation  of  the  governor. 

42.  Governor  may  supply  certain  vacancies  by  frmporary  appointnirnti:. 

43.  If  a  vacancy  occur  during  the  recess  of  the  legislature,  in  the  office  of  treasurer;, 

&;c.  governor  may  supply  vacancy. 

44.  Governor  may  remove  sheriffs,  clerks,  &c.  fktt  giving  a  copy  of  the  charge  against 

Ihcni,  &.C. 

45.  May  direct  district  attorney  to  conduct  an  inquiry  into  the  truth  of  the  charg«» 

before  a  county  judge.  • 

46.  District  attorney  may  issue  process  of  subpoena. 

47.  Officer  accused  to  be  entitled  to  the  like  process. 
43.  County  judge  to  take  and  certify  tlie  testimony. 

49.  If  a  vacancy  occur  Ih  the  office  of  sheriif,  or  clerk,  except  from  death,  governor  to 
fill  vacancy  by  temporary  appointment. 

^  33.  ResiL'nations  shall  be  made  as  follows:  Resignation? to 

■'  '='  whom  to  be  made 

1.  By  the  governor,  lieutenant-governor,  secretary  of  state, 
comptroller,  treasurer,  attorney-general,  surveyor-general 
and  state  printer,  to  the  legislature. 

2.  By  all  officers  appointed  by  the  governor  alone,  or  by 
liim  with  the  consent  of  the  senate,  to  the  governor. 

3.  By  senators  and  members  of  assembly,  to  the  presid- 
ing officers  of  their  respective  houses,  who  shall  immediately 
transmit  the  same  to  the  secretary  of  state. 

4.  By  sheriffii,  coroners,  county  clerks,  and  register  of 
New- York,  to  the  governor. 

5.  By  district  attornies,  to  the  court  wliich  appointed  them. 

6.  By  justices  of  the  peace,  to  the  supervisor  of  the  town.  • 

7.  By  commissioners  of  deeds  for  towns,  to  the  first  judge 
of  the  county. 


560  OFFICERS RESIGNATIONS,  VACANCIES,  REMOVALS  OF. 

8.  By  all  other  officers,  to  the  body,  board,  or  officer  tliat 
appointed  them. 


Wlien  offices  be- 
come vacant. 


§  34.  Every  office  shall  become  vacant  on  the  happening 
of  either  of  the  following  events  before  the  expiration  of  the 
term  of  such  office  : 

1.  The  death  of  the  incumbent. 

2.  His  resignation. 

3.  His  removal  from  office. 

4.  His  ceasing  to  be  an  inhabitant  of  the  state,  or  if  the 
office  be  local,  of  the  district,  county,  town  or  city  for  which 
he  shall  have  been  chosen  or  appointed,  or  within  which  the 
duties  of  his  office  are  required  to  be  discharged. 

5.  His  conviction  of  an  infamous  crime,  or  of  any  offence 
involvin^c  a  violation  of  liis  oath  of  office. 

6.  His  refusal  or  neglect  to  take  the  oath  of  office  within 
the  time  required  by  law,  or  to  give  or  renew  any  bond, 
within  the  time  prescribed  by  law. 

7.  The  decision  of  a  competent  tribunal,  declaring  void 
his  election  or  appointment. 

Notice  of  con  §35.  Whenever  auv  officcr  shall  be  convicted  of  an  infa- 
mous crime,  or  of  an  offence  involving  a  violation  of  his  oath 
of  office,  and  whenever  any  election  or  appointment  of  any 
person  shall  be  declared  void,  the  court  before  which  such 
conviction  shall  be  had,  or  by  which  such  decision  shall  be 
made,  shall  immediately  give  'notice  thereof,  to  the  governor, 
stating  the  cause  of  such  conviction  or  decision. 


viction. 


Duty  of  governor 


§  36.  The  governor  shall  immediately  give  notice  of  the 
vacancy  created  by  such  conviction  or  decision,  to  the  body, 
board,  or  officer,  in  whom  the  appointment  to  the  office  is 
vested,  or  whose  duty  it  may  be  by  law,  to  order  or  give  no- 
tice of,  an  election  to  supply  the-  vacancy. 

§  37.  Whenever  any  officer  shall  die  before  the  expiration 

cancy.        ^^  j^j^  ^^^,^  ^^  officc,  or  shall  rcmovc  from  the  county,  district 

or  place  for  which  he  was  appointed,  the  county  clerk  of  the 

countv  in  which  such  officer  resided,  shall  immediately  give 

notice  of  such  vacancy  to  the  governor. 


Notice   of  V 


OFFICERS RESIGNATIONS,  VACANCIES,  REMOVALS  OF.  561 

§  3S.  All  officers  who  are  or  shall  be  appointed  by  the  go-  f,°J™o^.P;;^- 
vernor  for  a  certain  time,  or  to  supply  a  vacancy,  may  be 
removed  by  him. 

§  39.  The  office  of  treasurer,  (79)  or  of  any  other  collector  ^^''^' 
or  receiver  of  pubHc  monies,  appointed  by  the  legislature,  by 
the  governor  and  senate,  or  by  the  governor,  except  those 
officers  for  whose  removal  provision  is  otherwise  made  by 
law,  may  be  declared  vacant  by  the  governor,  in  case  it  shall 
appear  to  him  on  the  report  of  the  comptroller,  that  such 
treasurer  or  other  officer  has  in  any  particular  willfully  vio- 
lated his  duty. 

§  40.  The  orovernor  may  also  declare  vacant  the  office  of  Breach  of  official 

^  °  •^  ^  bond. 

every  officer  required  by  law  to  execute  an  official  bond, 
whenever  a  judgment  shall  be  obtained  against  such  officer 
for  a  breach  of  the  condition  of  such  bond. 

§  41.  All  officers  appointed  by  the  governor  with  the  con-  Removal  of  offi- 

''  ^  J^  .'  o  ^         ^  cers  appointed  by 

sent  of  the  senate,  except  the  chancellor,  the  justices  of  the  ^'^]:'""°'  audse- 
supreme  court,  and  the  circuit  judges,  may  be  removed  by 
the  senate,  on  the  recommendation  of  the  governor.(80) 

§  42.  The  governor  may  supply  all  vacancies  that  may  pIfnTmem7by 
happen  during  the  recess  of  the  senate,  in  any  office  to  which  s°^""°''' 
an  appointment  shall  have  been  made  by  the  governor,  with 
the  consent  of  the  senate,  except  the  office  of  chancellor, 
justice  of  the  supreme  court,  circuit  judge,  judge  of  county 
courts,  and  recorders  of  cities,  by  granting  commissions, 
which  shall  expire  at  the  end  of  twenty  days  from  the  com- 
mencement of  the  next  mcetin"-  of  the  senate. 


Ibid. 


§  43.  Whenever  a  vacancy  shall  occur  during  the  recess 
of  the  legislature,  in  the  office  of  treasurer,  or  of  any  other 
officer  appointed  by  the  legislature,  the  governor  shall  ap- 
point a  person  to  execute  the  duties  of  the  office,  who 
shall  hold  his  office  until  such  vacancy  shall  be  regularly 
supplied. 

§  44.  The  governor  may  remove  the  sheriff,  any  coroner.  Removal  of  she- 
er clerk  of  any  county,  or  the  register  or  clerk  of  the  city  on  charges. ' 

m)  1  R.  T..  il?.,  ^  3.  (PO)  T.ruv^  of  lfi2n,  p.  63,  section  7,  8  ;  p.  243,  section  1. 

71 


562 


OFFICERS — RESIGNATIONS,  VACANCIES,  REMOVALS  OF. 


District  attorney 
to  i  aquire  into 
charges. 


Proceedings 
UiercupoD. 


and  county  of  New-York,  at  an^  time  within  the  term  for 
which  he  shall  have  been  elected,  giving  to  such  officer  a 
copy  of  the  charge  against  him,  and  an  opportunity  of  being 
heard  in  his  defence,  before  any  removal  shall  be  made.  (81) 

§  45.  The  governor  may  direct  the  district  attorney  of  the 
county  in  which  such  officer  shall  be,  to  conduct  an  inquiry 


into  the  truth  of- the  charges  made 


who  shall  give  at  least 


eight  days'  notice  to  the  officer  accused,  of  the  time  and 
place  when  he  will  proceed  to  the  examination  of  witnesses, 
before  some  judge  of  the  county  courts. 

§  46.  The  district  attorney  may  issue  process  of  subpoena 
in  his  own  name,  and  with  the  like  effect  as  in  cases  of  com- 
plaints before  grand  juries,-to  compel  the  attendance  of  any 
witness  whom  he  shall  deem  material,  before  the  county 
judge  ;  and  such  judge  shall  have  the  same  power  to  enforce 
obedience  to  such  subpoenas  by  attachment,  and  to  commit 
any  person  who  shall  refuse  to  be  sworn  or  to  answer,  as 
the  court  of  common  pleas  would  have  in  a  civil  cause  pend- 
in^:  therein. 


Entitled  to  a  sub- 
puena. 


§  47.  On  the  application  of  the  officer  accused  to  the  dis- 
trict attorney,  or  to  any  justice  of  the  peace,  he  shall  be  en- 
titled to  like  process  of  subpoena,  which  may  be  enforced  in 
the  same  manner,  by  the  judge  before  whom  the  enquiry 
shall  be  conducted. 


proceedings^be-  ^  43.  At  the  timc  and  place  specified  in  such  notice,  the 
county  judge  before  whom  the  enquiry  shall  be  conducted, 
shall  proceed  to  take  the  testimony  of  the  witnesses  produced 
before  him  by  the  district  attorney,  or  by  the  accused  officer ; 
the  witnesses  shall  be  sworn,  by  such  judge  :  every  answer 
given  by  them  to  any  question  w^hich  either  party  shall  re- 
quire to  be  reduced  to  waiting,  shall  be  WTitten;  their  testi- 
mony shall  be  read  to  and  subscribed  by  them,  and  shall  be 
certified  by  the  judge  taking  the  same,  and  delivered  to  the 
district  attorney,  to  be  by  him  transmitted  to  the  governor. 

vacMc  in  office      §  ^^'  ^^^  cvcry  casc  whcrc  a  vacancy  shall  occur  in  the 
office  of  sheriff  or  county  clerk,  including  the  clerk  and  re- 


(81)  Const,  art.  4,  section  8  &  11. 


OFFICERS RESIGNATIONS,  VACANCIES,  REMOVALS  OF.  563 

gister  of  the  city  and  county  of  New-York,  except  where 
such  vacancy  shall  arise  from  the  death  of  the  inAmbent, 
the  governor  shall  appoint  some  fit  person  who  is  eligible 
to  the  office  to  execute  the  duties  thereof,  until  it  shall  be 
supplied  by  an  election.  The  person  so  appointed,  after 
taking  the  oath  of  office,  and  executing  a  bond,  if  one  be  re- 
quired of  the  officer,  in  whose  place  he  shall  be  appointed, 
shall  possess  all  the  rights  and  powers,  and  be  subject  to  all 
the  duties  and  obligations  of  the  officer  so  removed. 

ARTICLE  FIFTH. 

PROCEEDINGS  TO  COMPEL  THE  DELIVERY  OF  BOOKS  AND  PAPERS 
BY  PUBLIC  OFFICERS  TO  THEIR  SUCCESSORS. 

Sect.  50.  Persons  removed  from  or  going  out  of  office,  to  deliver  over  books  and  papers  to 
their  successors. 

51.  On  neglect  or  refusal  so  to  do,  such  successor  may  apply  to  chancellor,  &;c.  for  an 

order  to  show  cause. 

52.  Proceedings  at  the  time  appointed  for  showing  cause.     Oath  of  person  charged 

to  be  received. 

53.  If  he  shall  not  make  oath,  and  it  shall  appear  that  books  and  papers  are  withheld, 

officer  shall  commit  him  to  jail. 

54.  Officer  may  then  also  issue  search-warrant. 

55.  Proceedings  on  return  of  search-warrant. 

56.  Upon  the  death  of  any  officer,  the  like  proceeding  may  be  had  against  any  person 

into  whose  hands  his  books  and  papers  shall  come,  to  compel  their  delivery. 

§  50.  Whenever  the  person  shall  be  removed  from  office,  Persons  removed 

.  &c.  from  office. 

or  the  term  for  v»^hich  he  shall  have  been  elected  or  appomt- 
ed  shall  expire,  he  shall,  on  demand,  deliver  over  to  his  suc- 
cessor all  the  books  and  papers  in  his  custody  as  such  officer, 
or  in  any  way  appertaining  to  his  office.  Every  person  vio- 
lating this  provision  shall  be  deemed  guilty  of  a  misdemeanor. 

§  51.  If  any  person  shall  refuse  or  neglect  to  deliver  over    ^^^.'n^j^rct*""^ 


1  forced. 


to  his  successor  any  books  or  papers,  as  required  in  the  pre- 
ceding section,  such  successor  may  make  complaint  thereof 
to  the  chancellor,  any  justice  of  the  supreme  court,  any  cir- 
cuit judge  of  the  circuit,  or  the  first  judge  of  the  county, 
where  the  person  so  refusing  shall  reside ;  and  if  such  offi- 
cer be  satisfied  by  the  oath  of  the  complainant,  and  such 
other  testimony  as  shall  be  offered,  that  any  such  books  or 
papers  are  withheld,  he  shall  grant  an  order,  directing  the 
person  so  refusing  to  show  cause  before  him,  within  some 
short  and  reasonable  time,  why  he  should  not  be  compelled 
to  deliver  the  same. 


564  OFFICERS RESIGNATIONS,  VACANCIES,  REMOVALS  OP. 

Proceedings.  §  52.  At  the  time  so  appointed,  or  at  any  other  time  to 
which  the  matter  may  be  adjourned,  upon  due  proof  being 
made  of  the  service  of  the  said  order,  such  officer  shall  pro- 
ceed to  inquire  into  the  circumstances.  If  the  person  charged 
with  withholding  such  books  or  papers,  shall  make  affidavit 
befdre  such  officer,  that  he  has  truly  delivered  over  to  his 
successor  all  such  books  and  papers  in  his  custody  or  ap- 
pertaining to  his  office,  within  his  knowledge,  all  further  pro- 
ceedings before  such  officer  shall  cease,  and  the  person  com- 
plained against  shall  be  discharged. 

may^e^commu"       ^  ^^'  ^^  ^^®  pcrson  complaincd  against  shall  not  make  such 
*^'*-  oath,  and  it  shall  appear  that  any  such  books  or  papers  are 

withheld,  the  officer  before  whom  such  proceedings  shall  be 
had,  shall  by  warrant  commit  the  person  so  withholding,  to 
the  jail  of  the  county,  there  to  remain  until  he  shall  deliver 
such  books  and  papers,  or  be  otherwise  discharged  accord- 
ing to  law. 

Search-warrant      §  54.  In  the  casc  Stated  in  the  last  section,  if  required  by 

when  issued.  '  i  ./ 

the  complainant,  such  officer  shall  also  issue  his  warrant,  di- 
rected to  any  sheriff  or  constable,  commanding  them,  in  the 
day  time,  to  search  such  places  as  shall  be  designated  in  such 
warrant,  for  such  books  and  papers  as  belonged  to  the  offi- 
cer so  removed,  or  whose  term  of  office  expired,  in  his  offi- 
cial capacity,  and  which  appertained  to  such  office,  and  seize 
and  bring  them  before  the  officer  issuing  such  warrant. 

rroceeding3  ^  55.  Upou  any  books  and  papers  being  brought  before 
such  officer,  by  virtue  of  such  warrant,  he  shall  inquire  and 
examine  whether  the  same  appertain  to  the  office,  from 
.  which  the  person  so  refusing  to  deliver  was  removed,  or  of 
which  the  term  expired,  and  he  shall  cause  the  same  to  be 
delivered  to  the  complainant. 

■ooVs  ami  pa-       §  55.  If  any  person  appointed  or  elected  to  any  office, 

j.ers  how  obtain-  •*  j      i  1  1  v  ^ 

ed  when  officer  gj^^ll  die,  or  his  officc  shall  in  any  wav  become  vacant,  and 

dies,  &c.  .  '  ... 

any  books  or  papers  belonging  or  appertaining  to  such  of- 
fice, shall  come  to  the  hands  of  any  person,  the  successor  to 
such  office  may,  in  like  manner  as  hereinbefore  prescribed, 
demand  such  books  or  papers,  from  the  person  having  the 
same  in  his  possession  ;  and  on  the  same  being  withheld,  an 


ORDINANCES — mode  of  proving  them.  565 

order  may  be  obtained,  and  the  person  charged  may  in  like 
manner  make  oath  of  the  delivery  of  all  such  books  and  pa- 
pers that  ever  came  to  his  possession  ;  and  in  case  of  omis- 
sion to  make  such  oath,  and  to  deliver  up  the  books  and  pa- 
pers so  demanded,  such  person  may  be  committed  to  jail,  and 
a  search-warrant  may  be  issued,  and  the  property  seized  by 
virtue  thereof  may  be  delivered  to  the  complainant,  as  here- 
in before  prescribed. 


ORBIN'AjiCjaS— Mode  of  proving  tiicm. 

1.  How  to  be  read. 

2.  Charter  of  the  city. 

3.  Proceedings  of  the  common  council. 

4.  Licenses. 

5.  Board  of  health. 

6.  Proclamations. 

CHAPTER  CLVIII. 

AN  ACT  declaring  the  Mode  of  proving  the  Ordinances  of 
the  Common  Council  of  the  City  of  New-York,  and  other 
Records,  Documents,  and  Proceedings. 

Passed  April  17,  1832. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  Every  act,  ordinance,  resolution  or  proceeding  of  the  how  to  be  read, 
common  council  of  the  city  of  New- York,  may  be  read  in 
evidence  in  all  courts  of  justice  in  this  state,  either, 

1.  From  a  copy  of  such  act,  ordinance,  resolution  or  pro- 
ceeding, certified  by  the  clerk  of  the  common  council,  with 
the  seal  of  the  corporation  affixed,  or, 

2.  From  the  volume  of  ordinances  printed  by  authority 
of  the  common  council. 

c 
§  2.  The  charter  of  the  city  of  New- York  may  be  read  in    charter  of  tiie 
evidence  from  the  volume  containing  such  charter  printed  by  "'^' 

authority  of  the  common  council,  or  from  a  "^opy  certified  by 
the  clerk  of  the  common  council. 

§  3.  A  copy  of  the  proceedings  of  either  chamber  of  the    Proccedingg  of 
common  council,  certified  by  the  clork  thereof,  may  be  read 
in  evidence  in  all  courts  of  justice  in  this  state. 


566  OYER  AND  TERMINER. 

Licenies.  §  4.  A  Certificate  of  the  mayor  of  New- York  or  of  the 

clerk  of  the  common  council,  V)f  the  granting  or  renewal  of 
any  Hcense,  may  be  read  in  evidence  in  any  court  of  justice 
in  this  state  to  prove  the  existence  of  such  license. 

Board  of  Health.  §  5.  The  proceedings  of  the  board  of  health  may  be  read  in 
evidence  from  a  copy  of  such  proceedings,  certified  by  the 
secretary  of  the  board  of  health,  or  the  presiding  officer  of 
such  board. 

Prociamationg.  §  6.  All  proclamations  by  the  mayor  of  the  city  of  New- 
York,  may  be  proved  in  all  courts  of  justice  by  producing  a 
copy  of  such  proclamation,  with  the  certificate  of  the  mayor 
that  the  same  is  a  copy,  and  has  been  published  according  to 
law.  The  evidence  authorized  under  the  provisions  of  this 
act  to  be  considered  prima  facie  evidence  only. 


OYER  AXI>  TE:R3IIAER. 

Revised  Statutes,  Vol  2,  p.  200. 

Sect.  1.  Courts  of  oyer  and  terminer  when,  where,  and  b}-  whom  held. 

<'ourfs  of  oyer  1-  §  ^8.  Courts  of  oycr  and  terminer  may  be  held  at  the 
a"id"*^by  time  and  place  at  which  any  circuit  court  may  have  been  ap- 
pointed to  be  held,  as  follows : 

In  New- York.  1.  Li  the  city  and  county  of  New- York,  by  one  or  more  of 
the  justices  of  the  supreme  court,  or  of  the  circuit  judges,  or 
by  the  first  judge  of  the  court  of  common  pleas  of  the  said 
city  and  county,  together  with  the  mayor,  recorder  and  alder- 
men of  that  city,  or  with  any  two  of  them:    | 


and    terminer 
•when 
.whom  held 


PASSENGERS.  567 

[Forty-Seventh  Session. —  Vol.  0,  c.  p.  27.] 
PASSENGERS. 

Skct.  1.  Master  or  commander  to  make  report  in  24  hours  after  tiis  arrival  in  Xew-York  ; 
penalty  on  neglect. 

2.  Sureties  May  be  required  in  certain  cases  of  such  master  or  commander, 

3.  Duties  of  master  to  remove  persons  likely  to  become  chargeable. 

4.  Duty  of  persons  coming  to  iNew-York  to  report  themselves. 

5.  Penalties  how  to  be  sued  for  and  applied. 

6.  Liability  of  vessel  to  seizure. 

7.  Certain  sections  repealed. 

b.  False  swearing  declared  perjury. 

CHAP.  XXXVII. 

AN  ACT  concerning  Passengers  in   Vessels  coming  to  the 
Port  of  New-York.'' 

Passed  February  11,18^4. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  „Ser  t"o  rnake 
represented  in  Senate  and  Assembly,  That  every  master  or  g^J^*^'  "^  passen- 
commander  of  any  ship  or  other  vessel  arriving  at  the  port 
of  New- York  from  any  country  out  of  the  United  States,  or 
from  any  other  of  the  United  States  than  this  state,  shall  within 
twenty-four  hours  after  the  arrival  of  such  ship  or  vessel  in  the 
said  port,  make  a  report  in  writing  on  oath  or  affirmation,  to 
the  mayor  of  the  city  of  New- York,  or  in  case  of  his  sickness 
or  absence,  to  the  recorder  of  the  said  city,  of  the  name, 
place  of  birth,  and  last  legal  settlement,  age  and  occupation 
of  every  person  who  shall  have  been  brought  as  a  passenger 
in  such  ship  or  vessel  on  her  last  voyage  from  any  country 
out  of  the  United  States,  into  the  port  of  New- York,  or  any 
of  the  United  States,  and  from  any  of  the  United  States,  other 

*  So  early  as  the  year  1691  an  act  was  passed,  rejrnlating  the  importation  of  passengers 
into  this  (then)  province,  the  sixth  section  of  which  declares,  that  "  all  vessels  that  shall 
bring  any  passengers  into  this  province,  the  masters  of  such  vessels  shall,  within  twenty-four 
hours  after  arrival,  bring  a  list  of  all  such  passengers  he  brings  into  this  province,  with  their 
quality  and  conditions,  unto  the  chief  magistrates  of  each  respective  city,  town,  or  county, 
as  aforesaid,  under  the  penalty  often  pounds,  current  money  of  this  province."  Br.  p.  7. 
And  by  an  act  passed  July  27,  1721,  Er.  214,  further  provision  is  made.  The  fifth  section 
declares,  that  any  master  who  shall  bring  any  person  or  persons  within  this  colony  like  to 
become  a  burden  to  the  city,  he  shall  be  comjjelled  to  carry  them  back,  or  forfeit  fift}'  pounds. 
And  the  penalty  for  not  makuig  a  report  of  passengers  was  further  in'reased  by  an  act  pass- 
ed July  'J,  1756,  V.  S.  vol.  1,  p.  361,  increasing  it  to  thirty  pounds.  By  the  32d  section  of  the 
act  of  March  7,  1788,  2  Jones  &  V.  p.  313,  masters  of  vessels  are  directed  to  report  to  the 
mayor  or  recorder  the  names  and  occupation  of  all  persons  brought  into  the  port  in  their 
vessels,  or  forfeit  twenty  pounds  for  every  person  not  reported,  and  thirty  pounds  for  every 
foreigner.  And  by  an  act  passed  April  8, 1801,  1  Kent  &  R.  p.  566,  sect.  30,  the  penalty  is 
seventy-five  dollars  for  every  alien,  and  fifty  dollars  for  every  other  person  neglected  to  be 
reported.    The  same  penalty  is  retained  in  the  revision  of  the  laws  of  1813,  vol.  2,  p.  440. 


568  PASSENGERS. 

than  this  state,  to  the  city  of  New- York,  and  of  all  passen- 
gers who  shall  have  landed,  or^been  suffered  or  permitted  to 
land  from  such  ship  or  vessel,  at  any  place  during  such  her 
last  voyage,  or  have  been  put  on  board,  or  suffered  or  per. 
mitted  to  go  on  bqard  of  any  other  ship  or  vessel,  with  the 
Penalty.  intention  of  proceeding  to  the  said  city,  under  the  penalty, 
on  such  master  or  commander,  and  the  owner  or  owners, 
consignee  or  consignees  of  such  ship  or  vessel,  severally  and 
respectively,  of  seventy-five  dcnlars  for  every  person  neg- 
lected to  be  reported  as  aforesaid,  and  for  every  person 
whose  name,  place  of  birth,  and  last  legal  settlement,  age, 
condition,  or  either  or  any  of  such  particulars,  shall  be  falsely 
reported  as  aforesaid,  to  be  sued  for  and  recovered  as  here- 
inafter provided. 

suiciiesmaybc       ^  n.  ^4,^j  Jjq   ^  farther  eiiacted,  That  it  shall  be  lawful 

required  in   cer-  ""  J  ' 

maJtef'^or^'com-  ^^^  ^^^  ^^^^  uiayor,  or  in  case  of  his  sickness  or  absence,  for 
mander.  the  Said  rccordcr,  to  require  by  a  short  endorsement  on  the 

aforesaid  report,  every  such  master  or  commander  of  any 
ship  or  vessel  to  be  bound  with  two  sufficient  sureties,  (to 
be  approved  of  by  the  said  mayor  or  recorder)  to  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York,  in  such 
sum  as  the  said  mayor  or  recorder  may  think  proper,  not  ex- 
ceeding three  hundred  dollars  for  each  passenger  not  being 
a  citizen  of  the  United  States,  to  indemnify  and  save  harm- 
less the  said  mayor,  aldermen  and  commonalty,  and  the 
overseers  of  the  poor  of  the  said  city,  and  their  successors, 
frdm  all  and  every  expense  or  charge  which  shall  or  may  be 
incurred  by  them  for  the  maintenance  and  support  of  every 
such  person,  and  for  the  maintenance  and  support  of  the 
child  or  children  of  any  such  person,  which  may  be  born  after 
such  importation,  in  case  such  person  or  any  such  child  or 
children  shall  at  any  time  w^ithin  two  years  from  the  date  of 
such  bond,  become  chargeable  to  the  said  city  ;  and  that  if 
any  such  master  or  commander  shall  neglect  or  refuse  to. 
ofive  such  bond  within  three  days  after  such  vessel  shall  have 
so  arrived  at  the  said  port  of  New- York,  every  such  mas- 
ter or  commander,  and  the  owner  or  owners,  consignee  or 
consignees  of  such  ship  or  vessel,  severally  and  respectively. 
Penalty.  shall  be  subject  to  a  penalty  of  five  hundi'ed  dollars,  for  each 
and  every  person  not  being  a  citizen  of  the  United  States, 
ifor  whom  the  mayor  or  recorder  shall  determine  that  bonds 


PASSENGERS.  ^69 

should  have  been  given  as  aforesaid,  to  be  sued  for  and  re- 
covered as  hereinafter  provided. 

§  III.  Aiid  be  it  further  enacted,  That  whenever  any  per-  t?"r'e%"o%'^"pcr' 
son  brought  in  any  such  ship  or  vessel,  and  being  a  citizen  come  chargeable- 
of  the  United  States,  shall  by  the  said  mayor  or  recorder  be 
deemed  likely  to  become  chargeable  to  the  said  city,  the 
master  or  commander,  owner  or  owners  of  such  ship  or  ves- 
sel shall,  upon  an  order  for  that  purpose,  under  the  hand  of 
the  said  mayor,  or  the  said  recorder,  remove  every  such  per- 
son withQut  delay  to  the  place  of  his  last  settlement,  and  in 
default  thereof  shall  severally  and  respectively  be  bound  to 
pay  all  such  charges  and  expenses  as  the  said  city  shall  or 
may  sustain,  or  be  put  unto,  in  and  about  the  maintenance 
and  removal  of  such  person,  to  be  sued  for  and  recovered  as 
hereinafter  provided. 

§  IV.  And  he  it  further  enacted,  That  every  person  not   Dutyofpersoni 

•*  *^  "^    i  coming  to  Aew- 

beinf):  a  citizen  of  the  United  States,  wdio  shall  enter  the  said  York  to  report 

°  ...  thenwelvefc 

city  with  the  intention  of  residing  therein,  shall  within  twen- 
ty-four hours  thereafter  make  a  report  of  himself  in  writing, 
on  oath  or  affirmation,  to  the  mayor,  or  in  case  of  his  sick- 
ness or  absence,  to  the  recorder  of  the  said  city,  stating  his 
name,  age,  and  occupation,  the  name  of  the  ship  or  vessel 
in  which  he  arrived,  the  time  and  place  when  and  where  he 
landed,  and  the  name  of  the  commander  of  such  ship  or  ves- 
sel, under  the  penalty  of  one  hundred  dollars. 

§  V.    And   he  it  further  enacted.    That  all   and  sinsrular  Penalties  how  to 

^  -^  '  o  be  sued  for  and 

the  aforesaid  penalties  and  forfeitures  shall  and  may  be  sued  ^pp^'ed. 
for  and  recovered,  with  full  costs  of  suit,  by  action  of  debt, 
in  any  court  having  cognizance  thereof,  in  the  name  of  the 
said  mayor,  aldermen  and  commonalty,  and  when  recovered 
by  them  shall  be  applied  towards  the  support  of  the  poor  of 
the  said  city,  and  the  defendant  or  defendants  in  every  such 
suit  shall  be  held  to  special  bail,  and'the  supreme  court  may 
direct  the  trial  thereof  by  a  jury  of  any  county  that  may 
be  judged  proper :  and  that  it  shall  and  may  be  lawful  for 
the  said  mayor,  aldermen  and  commonalty  to  compound  for 
said  penalties  and  forfeitures,  or  any  of  them,  either  before 
or  after  suing  for  the  same,  upon  such  terms  as  they  may 
think  proper. 


570 


PASSENGERS. 


Liability  of  Tea- 
sel to  aelzure. 


§  VI.  And  be  it  further  enacted^  That  any  ship  or  vessel 
on  board  of  which  any  such  person,  not  being  a  citizen  of  the 
United  States,  may  have  been  a  passenger,  shall  be  liable  for 
the  said  penalties,  and  may  be  proceeded  against  by  informa- 
tion, in  any  court  having  cognizance  thereof,  and  by  attach- 
ment and  seizure  grounded  thereon,  for  any  neglect  of  the 
provisions  of  this  lav\r,  unless  the  owners  thereof  shall  give 
bond  with  sufficient  sureties,  to  the  sheriff  serving  such  at- 
tachment, for  the  payment  of  the  said  penalties,  and  many  of 
them  which  may  have  been  incurred  during  or  since  the  last 
voyage  of  the  said  ship  or  veesel,  or  for  papng  the  value  of 
such  ship  or  vessel  towards  the  satisfaction  of  such  penalties 
as  may  have  been  incurred,  and  such  value  shall  be  ascer- 
tained by  the  wardens  of  the  port  of  New- York,  or  any  two 
of  them  ;  and  such  bonds  shall  be  assignable,  as  bail  bonds 
are  by  law,  and  be  subject  to  such  orders  respecting  the  same 
as  the  supreme  court  may  judge  it  proper  to  make. 


Repealing. 


False  Bwearing 
declared  perjury, 
Ate. 


§  VII.  And  be  it  further  enacted,  That  the  act  of  the  14th 
of  April,  1820,  entitled  An  act  to  amend  the  act  entitled  **  An 
act  to  reduce  the  several  laws  relating,  particularly  to  the 
city  of  New- York,  into  one  act,"  so  far  as  it  relates  to  the 
importation  of  passengers,  and  the  two  hundred  and  fifty- 
first,  two  hundred  and  fifty-second,  two  hundred  and  fifty- 
third,  two  hundred  and  fifty-fourth,  two  hundred  and  fifty- 
fifth,  two  hundred  and  fifty-sixth,  two  hundred  and  fifty- 
seventh,  and  two  hundred  and  fifty-eighth  sections  of  the  act, 
entitled,  "  An  act  to  reduce  several  laws  relating  particu- 
larly to  the  city  of  New- York,  into  one  act,"  be,  and  the 
same  are  hereby  repealed :  Provided,  That  nothing  contained 
in  this  act  shall  in  any  way  affect  any  suit  or  proceeding  for 
any  penalty  heretofore  incurred  under  the  above-mentioned 
acts  or  parts  of  acts. 

§  VIII.  And  be  it  further  enacted,  That  any  person  swear- 
ing or  affirming  falsely  under  this  act,  shall  be  adjudged 
guilty  of  perjury,  and  liable  to  all  the  pains  and  penalties 
thereof. 


PAWNBROKERS,  &:c.  .  549 

PAIVNBROKERI^,  &c. 

Revised  Laws  of  1813.  Vol.  2,  p.  444. 

Sect.  1.  Common  council  to  regulate  Pawnbrokers. 

2.  Common  council  to  regulate  rates  of  interest  to  be  taken  by  Pawhbrokeri. 

3.  Pawnbrokers  to  enter  into  recognizances. 

4.  Searcli-warrants  for  property  pawned. 

5.  How  executed. 

6.  Property  seized,  how  disposed  of. 
.    7.  Bond  to  be  given  by  claimant. 

• 

1.  §  CCLXIII.  Aiid  be  it  further  enacted,  That  the  said   com.  council  to 

■'  nu  regulate     pawn- 

mayor,  aldermen  and  commonalty  oi  the  city  of  New- York,  brokers  and  deai- 

•^       '  -^  -^  ^  ers   m    second- 

in  common  council  convened,  may,  from  time  to  time,  make  ^^'^  furniture, 

laws  for  the  regulation  of  pawnbrokers  and  of  dealers  in 
the  purchase  or  sale  of  second-hand  furniture,  metals  or 
clothes  in  the  said  city,  which  said  laws  shall  require  that 
either  person  carrying  on  either  of  the  said  callings,  trades 
or  dealings,  in  the  said  city,  shall  have  a  license  for  the  same  ♦ 

from  the  mayor  of  the  said  city,  under  the  directions  of  the 
common  council  of  the  said  city,  and  every  such  pawn- 
broker or  dealer  shall  pay  for  such  license,  a  sum  tq  be  de- 
termined by  the  said  common  council,  not  exceeding  fifty 
dollars,  which  sum  shall  be  applied  towards  the  support  of 
the  poor  of  the  said  city. 

2.  §  CCLXIV.  And  he  it  further  enacted,  That  the  said  com.  council  to 
mayor,  aldermen  and  commonalty,  in  common  council  con-  intert"?trb?ta- 
vened,  shall  have  power  and  authority,  from  time  to  time,  to  broVra^  ^*'''"' 
make  laws  and  ordinances  for  the  regulating  of  the  rates  of 

interest  to  be  taken  by  any  person  carrying  on  the  trade  or 
calling  of  pawnbroker  in  the  said  city,  for  any  loan  not  ex- 
ceeding the  sum  of  twenty-five  dollars,  notwithstanding  such 
rate  of  interest  may  exceed  the  sum  of  seven  per  cent,  per 
annum :  Provided  always,  nevertheless,  That  the  same  do  not 
exceed  the  rate  of- twenty-six  per  cent,  per  annum. 


to  enter  into  re- 
zances. 


,3.  §  CCLXV.  And  he  it  further  enacted.  That  every  pawn-  Pa^r,  brokers.  &c 
broker  and  dealer  in  the  purchase  or  sale  of  second-hand  fur-  cign*^ 
niture,   metals  or  clothes,  in  the  said  city,  shall  enter  into  a 
recognizance  to  the  said  mayor,  alderinen  and  commonalty, 
with  one  or  more  sufficient  surety  or  sureties,  in  such  sum 
a.s  shall  be  directed  by  the  common  council  of  the  said  city, 


5n  PAWNBROKERS,  6ze. 

not  exceeding  one  thousand  dollars,  conditioned  for  the  ob- 
servance of  such  laws  and  ordinances  as  may  be  made,  by  the 
common  council  of  the  said  city,  in  the  premises. 

Revised  Statutes,  Vol.  1,  77.  711. 

ramtfo^rp'r^Jerty      '^'  ^  ^^'  Whenever  any  pcrson  shall  make  oath  before  any 
pawned.  justlco  of  the  peacc,  police  justice  or  assistant  justice,  that 

any  property  belonging  to  him  has  been  embezzled  or  taken 
without  his  consent,  and  that  he  has  reason  to  believe  and*  sus- 
pect, and  does  suspect  that  such  property  has  been  pledged 
with  any  pawnbroker,  auch  justice,  if  satisfied  of  the  correct- 
ness of  such  suspicions,  shall  issue  his  warrant,  directed  to 
any  constable  of  the  city  or  place,  commanding  him  to  search 
for  the  property  so  alleged  to  have  been  embezzled  or  taken, 
and  to  seize  and  bring  the  same  before  such  justice. 

"°^itecL*^^^  5.  §  11.  The  constable  to  whom  any  such  warrant  shall  be 
directed  and  delivered,  shall  have  the  same  power  to  execute 
the  same,  and  shall  proceed  in  the  same  manner  as  in  the 
case  of  a  search-warrant  issued  upon  a  charge  of  larceny. 

how  diriJ)slS'  6.  §  12.  Upon  any  property  so  seized  by  virtue  of  such  war- 
rant, being  brought  before  the  magistrate  who  issued  the 
same,  he  shall  cause  such  property  to  be  delivered  to  the 
person  so  claiming  to  be  the  owner  thereof,  on  whose  appli- 
cation the  warrant  was  issued,  on  his  executing  a  bond  as 
hereinafter  directed ;  and  if  such  bond  be  not  executed 
within  twenty-four  hours,  such  justice  shall  cause  the  said 
property  to  be  delivered  to  the  person  from  whose  possession 
it  was  taken. 

'r'^ciaimlir"  '^'  §  1^-  ^^^^  ^^^^^  ^^^^^^  ^^  ^^^  ^  penal  slim  equal  to  dou- 
ble the  value  of  the  property  claimed,  with  such  surety  as  the 
justice  shall  approve,  to  the  person  from  whose  possession 
the  property  was  taken,  with  a  condition  that  the  person  so 
claiming  the  same  will,  on  demand,  pay  all  damages  that  shall 
be  recovered  against  him  in  any  suit  to  be  brought  within 
thirty  days  from  the  date  of  such  bond,  by  the  pawnbroker 
from  whose  possession  the  said  property ,was  taken. 


PENALTIES.  573 

PEi¥AIiTIE§. 

Act  to  Reduce,  <^c.     Revised  Laws  o/1813.  Vol.  2,  p.  460. 

Sect.  1.  Suits  for  penalties  how  brought. 

2.  Inhabitants  of  New-York  competent  witnesses  where  corporation  is  interested. 

3.  Persons  sued  under  this  act  may  plead  the  general  issue. 

4.  Assessments  on  state  property  in  N.  York  to  be  paid  by  persons  having  charge  of  it. 

5.  This  act  declared  a  public  act. 

1.  §  CCCXI.  And  be  it  further  enacted,  That  all  the  penal-  ,i^f  "J^'  \^f^ 
ties  and  forfeitures  imposed  by  this  act,  except  where  the  ^'■^"g^*- 
same  are  herein  before  otherwise  itppropriated,  shall  be  sued 

for  and  recovered  with  costs  of  suit  in  the  name  of  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York,  and  the 
proceeds  thereof  shall  be  by  them  applied  to  the  public  u^e  of 
the  said  city. 

2.  §  CCCXII.  And  be  it  further  enacted,  Tiiat  upon  the  inhabitants  of  n. 

^  -^  _  ^  \oTk   competent 

trial  of  any  issue,  or  upon  the  taking^  of  any  inquest  or  makinc:  witnesses  in  ca- 

•'_  '^  ....  ..  ^^'^  where  corpo- 

any  inquisition,  or  upon  the  judicial  investigation  of  any  facts  ^'"''V''*  ^^*^  ^"^<^''- 
whatever,  in  which  issue,  inquest,  inquisition  or  fact,  the 
mayor,  aldermen  and  commonalty  of  the  city  of  New- York, 
are  a  party  or  interested,  no  person  shall  be  deemed  an  incom- 
petent witness  for  the  reason  that  such  person  is  an  inhabi- 
tant, freeholder  or  freeman  of  the  city  of  New- York. 

3.  §  CCCXIII.  And  be  it  further  enacted,  That  if  any  per-  Pcrsoris  sued  for 
son  shall  be'sued  for  any  thing  done  in  pursuance  of  this  act,  this  act,  to  picad 
it  shall  be  lawful  for  such  person  to  plead  the  general  issue, 

and  to  give  this  act  and  the  special  matter  in  evidence. 

4.  6  CCCXI  V.  A7idbe  it  further  enacted.  That  it  shall  be    Assessments  on 

^  -^  '  state  property  in 

lawful  for  the  respective  officers  and  persons  havinc:   the  *^'^^  °/ ^- ^'"'■'^ 

i  .  ^  '^  P^'"  "y   persons 

charge  or  superintendence  of  public  property  in  the  city  of  gj;'^Ye"»  charge  of 

New- York,  belonging  to  this  state,  to  pay  the  sums  assessed, 

or  to  be"  assessed  thereon,  or  in  respect  thereto,  by  or  under 

the  authority  of  the  mayor,  aldermen  and  commonalty  of  the 

said  city,  according  to  law,  and  that  the  treasurer  on  the  war-  How  reimbursed. 

rant  of  the  comptroller  pay  to  such  officers  and  persons 

respectively,  the  sums  which  they  shall  respectively  so  pay 

on  the  account  aforesaid,  due  proof  being  first  made  of  such 

payment  to  the  satisfaction  of  the  comptroller. 


574  PENALTIES. 

™pubiif  acT*^  5.  §  CCCXY.  And  be  it  further  enacted,  That  this  act  shall 
be  considered  a  public  act,  and  J^e  liberally  expounded  and 
construed  to  advance  the  ends  thereof. 


Revised  Statutes,  Vol.  l,p.  676. 
ARTICLE  NINTH. 


GENERAL  PROVISIONS,  &C. 
J 

Sect.  73.  Proceedings  to  collect  penalties. 

74.  Such  prosecutions  to  be  commenced  within  twenty  daj's. 

75.  Execution  to  collect  penalties  ;  its  contents. 

76.  Certificate  of  conviction  to  be  filed  with  county  clerk. 

77.  Amount  of  fees  allowed  ;  by  whom  to  be  paid. 


conect^poSics  §  "^S.  Whenever  complaint  shall  be  made  to  any  justice 
iastariides.^'^'^^^  of  tlic  pcacc,  mayor,  recorder  or  alderman,  of  a  violation  of 
either  of  the  provisions  contained  in  the  three  last  Articles, 
relative  to  profane  swearing,  the  disturbance  of  religious 
meetings,  or  the  observance  of  Sunday,  or  when  any  of  such 
violations  shall  happen  in  the  presence  of  such  officer,  he 
shall  cause  the  olTender  to  be  brought  before  him,  and  shall 
proceed  summarily  to  inquire  into  the  facts ;  and  if  the  per- 
son charged  be  found  guilty,  a  record  of  his  conviction  shall 
be  made  and  signed  by  such  officer,  before  issuing  any  pro- 
cess to  enforce  the  same  ;  which  conviction  shall  be  final, 
and  shall  not  be  re-examined  upon  the  merits  in  any  court. . 

'^'mobShV'''  ^ '^'^'  ^*^  prosecution  shall  be  maintained  for  any  of  the 
violations  specified  in  tlie  preceding  section,  unless  the  same 
be  instituted  by  the  actual  issuing  of  process  to  apprehend 
the  oflfender,  or .  by  his  actual  appearance  to  answer  the 
complaint,  within  twenty  days  next  after  the  ofience  com- 
mitted. * 

Execution  to  col-  ^  75^  Upon  a  conviction  being  had  for  any  of  the  offences 
in  the  three  last  Articles  specified,  where  no  other  special 
provision  is  made  for  the  collection  of  the  penalties  incurred, 
the  magistrate  before  whom  the  same  is  made  shall  issue  an 
execution  to  any  constable  of  the  county,  commanding  him 
to  levy  the  said  penalties  and  the  costs  of  the  conviction,  by 


PILOTS.  ^^^ 

distress  and  sale  of  the  goods  and  chattels  of  the  offender, 
and  in  case  sufficient  goods  and  chattels  cannot  be  found, 
then  to  commit  such. offender  to  such  common  jail  of  the 
county,  for  such  time  as  shall  be  speciiied  in  such  execution, 
not  less  than  one  day  nor  more  than  three  days. 


Certificate  of 


6  76.  Within  thirty  davs  after  any  such  conviction  shall  conviction  wh^n 

y  ^  ^  ^  ;,,„1  wlier*  to  be 

be  had,  the  magistrate  making  the  same,  shall  cause  to  be  nicd. 
filed  in  the  office  of  the  clerk  of  the  county,  a  certificate  of 
such  conviction,  briefly  stating  the  offence  charged,  the  con- 
viction and  judgment  thereon,  and  if  any  fine  has  been  col- 
lected, the  amount  thereof,  and  to  whom  paid. 

§  77.  In  ail  prosecutions  for  any  of  the  ofi'ences  specified  ^^Xffi"!'" 
in  the  three  last  Articles,  the  like  fees  shall  be  allowed  and 
taken  as  in  civil  suits  before  justices  of  the  peace,  which  shall 
in  no  case  exceed  five  dollars,  and  be  paid  by  the  party  of- 
fending, over  and  above  the  penalties  incurred ;  but  in  case 
of  the  imprisonment  of  the  ofibndcr,  no  charges  or  fees  shall 
be  allowed. 


PII.OTS, 

CHAP.  XVIII. 

AN  ACT  to  amend  an  act  entitled  "  an  act  to  reduce  seiieral 
laws  Telating  particularly  to  the  City  of  New-York  into  one 
act,  so  far  as  the  same  relates  to  the  Master  and  Wardens, 
Harhour  Masters  and  Pilots  of  the  Port  of  New-York,  and 
their  duties,  and  for  other  purposes  * 

Passed  February  19,  1819.  p.   H. 

Sect.  1.  Branch  Pilots  to  be  appointed. 

2.  A  committee  to  be  ciiosen  by  the  pilots  to  report  delinquents. 

3.  Board  of  wardens  to  grant  licenses  to  pilots,  and  annul  them,  and  make  rules,  &c. 

4.  Apprentices  to  be  examined,  and  the  manner  of  examination. 

*  An  act  was  passed  Mar-h  26, 1G94,  entitled  an  act  for  settling  pilotage  of  all  vessels  that 
shall  come  within  Sandy  Hook,  Br.  27.  It  appears  to  be  the  first  act  to  be  found  in  the  sta- 
tute book  of  the  colony  upon  this  subject.  This  act  e.tpircd  and  was  Supplied  by  a"n  act 
passed  the  3d  July,  itlS,  vol.  1,  S.  &  Liv.  p.  131.  This  act  e.xpired  in  1723.  On  the  6th  of 
July,  1723,  an  act  was  passed,  entitled  an  Act  for  the  encouraging  navigation.  On  the  30th 
September,  1731,  Smith  &  Liv.  p.  200,  an  act  was  passed,  entitled  an  Act  to  provide  able 
Pilots,  &c.  ,This  act  was  continued  by  an  act  passed  December  16, 1737,  PmitJi  &  Liv.  page 
233.  It  was  again  revived  and  continued  by  an  act  passed  April  8, 1748,  Siuith  &  Liv.  page 
406 ;  and  also  by  an  act  passed  December  21, 1750,  and  expired  in  1763ir  An  act  was  then 
passed,  entitled  an  9.ct  to  regulate  the  pilots  between  Sandy  Ilook  and  the  port  of  New- 
York,  and  for  othor  purposes  therein  mentioned,  passed  December  13, 1763,  V.  S.  vol.  2,  page 
433. 


576  PILOTS. 

Sect.  5.  Licences  to  be  signed  and  under  seal. 

6.  Appointment  of  deputy  pilots  and  their  duties. 

7.  Not  less  than  five  boats  to  be  kept  by  wily  o£  Sandy  Hoolt-  :  '_ 

8.  Fine  and  suspension  of  pilots. 

9.  Punishment  of  pilot  for  losing  a  vessel. 

10.  On  snppcnsion  to  deliver  up  license. 

11.  None  but  pilots  or  deputies  to  be  concerned  in  boats. 

12.  Printed  instructions  to  be  given  to  pilots  and  deputies. 

13.  Pilots  allowed  extra  fees  on  relieving  vessels  in  distress. 

14.  Penalty  for  refusing  to  receive  pilot  on  board  vessel. 

15.  Allowance  to  pilots  carried  to  sea. 

16.  Fees  allowed  to  pilots  by  way  of  Sandy  Hook.  , ,  T 
IT,  Fees  on  taking  charge  of  vessels  a  certain  distance  from  land.  .; 

18.  Fees  for  detention  of  pilots. 

19.  Fees  of  pilots  through  Hell-Gate. 

20.  Apprentices  to  bo  engaged.    " 

21.  Persons  to  be  employed  by  way  of  Sandy  Hook. 

22.  The  lead  to  be  regularly  hove. 
^       23.  Amount  of  pilotage  how  taxed. 

24.  Penalty  for  intoxication. 

25.  Certain  monies  to  be  paid  to  the  Pilots'  Charitable  Society. 

26.  Fines  how  applied. 

27.  Number  of  branch  pilots  by  way  of  Sandy  Hook,  and  term  of  office. 

28.  Number  by  way  of  Hell-Gate,  and  term  of  office. 
'                                      29.  The  25th  section  of  the  act  of  1819  extended. 

30.  Penalty  and  how  applied 

31.  Half-pilotage,  and  how  applied. 

32.  Penalty  for  refusing  to  employ  a  pilot  on  coming  into  port. 

■    33. on  going  out  of  port. 

34.  Competency  of  pilots  to  be  witnesses. 

bfap;.oinSf  1-  §  ^11-  ^^'^^  ^^  it  further  enacted,  That  it  shall  and  may 
be  lawful  to  and  for  the  person  administering  the  government 
of  this  state,  by  and  with  the  advice  and  consent  of  the  coun- 
cil of  appointment,  (or  in  case  of  any  vacancy  in  the  recess 
of  said  council,  it  shall  and  may  be  lawful  for  the  said  board 
of  wardens)  to  appoint  and  commission  as  often,  and  from 

By  this  act  the  governor  was  empowered  to  appoint  one  person  to  be  master,  and  three  or 
more  to  be  wardens  of  the  port  of  New- York,  and  to  commissionate  branch  pilots,  and  it  im- 
poses a  penalty  of  ten  pounds  upon  their  neglecting  or  refusing  assistance  to  ships  in  dis- 
tress. Masters  and  wardens  are  by  this  act  appointed  surveyors  of  all  damaged  goods 
brought  into  the  port,  and  are  directed  to  keep  an  office  in  the  city  of  New- York,  and  to 
take  an  oath,  and  are  prohibited  from  being  concerned  in  any  pilot  boats,  and  are  exempted 
from  certain  duties,  serving  upon  juries,  &c.  The  governor  is  authorized  to  appoint  as  many 
pilots  through  Hell-Gate  as  he  may  think  proper,  and  provision  is  made  if  they  be  carried  to 
sea.  This  act  was  continued  by  an  act  passed  December  24, 1767,  V.  S.  vol.  2,  p.  498.  And 
was  fur;her  continued  by  an  act  passed  December  31, 1768.  This  act  remained  in  force  un- 
til April,  1775,  when  an  act  was  passed  with  similar  provisi«^ns  to  the  act  of  December  13. 
1763,  which  remained  until  the  revolutionary  war. 

After  the  revolutionary  war,  an  act  was  passed,  entitled  an  act  for  the  regulation  of  pilots 
and  pilotage  for  the  port  of  New-York,  and  for  other  purposes  therein  mentioned,  April  14, 
l';87,  Gr.  vol.  1,  p.  GO.  By  this  act  the  Governor  and  Council  of  Appointment  are  authorized 
to  appoint  a  master  and  wardens,  who  arc  to  make  regulations  for  the  government  of  pilots, 
and  are  authorized  to  impose  fines  for  the  breach  of  them,  not  exceeding  ten  pQunds.  Mas- 
ters and  wardens  are  api-ointcd  by  the  act,  surveyors  of  damaged  goods  and  vessels,  and  are 
prohibited  from^  being  concerned  in  pilot  boats  with  pilots.  Each  pilot  is  authorized  to 
appoint  a  deputy,  and  for  neglect  ofduty  in  not  aiding  s^hips  in  distress,  to  forfeit  their  license 
«r  pay  a  line.    This  act  was  amended  by  an  act  passed  February  8, 1704,  3  Gr.  p.  106. 


PILOTS.  '  577 

time  to  time,  as  they  may  deem  necessary,  a  sufficient  num- 
ber of  fit  and  proper  persons,  not  exceeding  thirty  in  the 
whole,  to  be  branch  pilots  of  the  port  of  New- York,  so  far 
as  relates  to  the  pilotage  of  ships  and  vessels  to  and  from  the 
said  port  by  the  way  of  Sandy  Hook :  Provided  nevertheless,  ProviBo. 
That  no  person  shall  be  commissioned  as  a  branch  pilot,  w^ho 
shall  not  have  served  at  least  five  years  as  an  apprentice  to 
a  branch  or  licensed  pilot,  and  who  shall  not  have  served  at 
least  three  years  as  a  deputy  pilot  to  a  branch  or  licensed 
pilot  in  that  navigation,  and  until  he  shall  produce  a  certifi- 
cate from  the  master  and  wardens  of  the  said  port,  or  a  ma- 
jority of  them,  under  their  hands,  that  he  is  duly  qualified  for 
such  office  :  And  provided  further,  That  if  any  such  appoint-  proviao. 
ments  are  made,  during  the  recess  of  the  council,  they  shall 
be  reported  at  the  next  meeting  of  the  council,  who  shall 
thereupon  confirm  or  reject  such  appointments. 


A  committee  to 
chosen  by  the 


2.  §  VIII.  And  be  it  farther  enacted.  That  it  shall  and  may  ^^^ 
be  lawful  for  the  Sandy  Hook  pilots  now  acting,  and  those  deUnqJwit/*&J'* 
who  may  hereafter,  from  time  to  time,  be  appointed,  to  elect 
one  pilot  from  each  pilot  boat  engaged  in  the  service  of  said 
Sandy  Hook  pilotage,  who  together  shall  form  a  committee, 
whose  duty  it  shall  be  to  report,  from  time  to  time,  to  the 
board  of  wardens,  any  and  all  delinquents  w^ho  shall  neglect 
their  duty,  or  be  guilty  of  any  impropriety  in  their  conduct 
as  pilots  ;  and  the  said  committee  shall  also  inspect  the  con- 
duct of  the  apprentices  and  boat  keepers  engaged  in  such 
service,  and  see  that  they  are  w^ell  instructed  in  their  pro- 
fession ;  and  at  the  close  of  their  apprenticeship,  it  shall  be 
the  duty  of  said  committee  to  report  such  apprentices  and 
boat  keepers  as  are  found  worthy  of  becoming  deputy  pilots 
to  the  board  of  wardens  of  the  city  of  New- York  ;  and  in 
case  the  committee  of  pilots  shall  neglect  or  refuse  to  recom- 
mend to  the  said  board  of  w^ardens  the  said  apprentices  or 
boat  keepers,  on  the  expiration  of  their  apprenticeship,  the 
wardens  may  summon  the  said  committee  of  pilots  to  appear 
and  show  cause  ;  and  if  they  do  not  show  good  and  sufficient 
cause,  or  if  the  pilots  shall  neglect  to  appoint  such  committee, 
then  the  said  board  may  proceed  to  license  such  apprentices 
as  are  not  recommended  by  the  committee  of  pilots  to  be 
deputy  pilots. 

73 


578 


PILOTS. 


Proviso. 


**^boTd'!^""  ^-  5  ^^-  And  be  it  further  enacted,  That  the  said  board  of 
wardens  shall  meet  at  their  office  in  the  city  of  New-York, 
on  Monday,  in  every  week,  and  at  such  other  time  and  times 
as  the  master,  or  any  three  of  the  wardens,  may  direct  and 
appoint ;  and  that  the  said  board  of  wardens,  (any  four  of 
whom  shall  be  a  quorum)  shall  have  full  power  and  authority, 
when  so  met,  from  time  to  time,  to  grant  branches  and 
licenses,  under  the  limitations  hereinafter  in  that  behalf  pre- 
scribed, to  such  and  so  many  tit  and  proper  persons  as  the 
said  board  of  wardens  may  judge  suflicient  and  necessary, 
to  act  as  pilots  for  the  same  pilotage  of  ships  and  vessels  to 

Hell-Gate  pilots,  and  from  the  port  of  New- York  through  the  channel  of  the 
east  river,. commonly  called  Hell-Gate;  and  also  to  grant 
licenses  to  such  person  or  persons  as  the  said  board  shall 
approve  of,  to  act  as  deputy  pilots  under  the  branch  pilots 
commissioned  by  virtue  of  the  seventh  section  of  this  act, 
not  exceeding  the  whole  number  of  pilots  thus'to  be  appoint- 
ed :  Provided,  That  no  person  whatever  shall  J3e  eligible  to 
the  office  of  a  deputy  pilot  in  the  said  service  unless  such 
applicant  shall  have  served  an  apprenticeship,  or  been  a  boat 
keeper  at  least  five  years  in  succession  in  said  service,  under 
lawful  indentures,  and  under  one  or  more  of  the  said  branch 
pilots :  Provided  nevertheless,  That  apprentices  who  were 
such  on  the  fourteenth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  seventeen,  and  shall  serve 
out  their  apprenticeship  agreeable  to  the  terms  of  their  in- 
dentures, shall  be  eligible  to  the  office  of  a  deputy  pilot,  any 
thing  in  this  act  to  the  contrary  notwithstanding :  Provided 
always,  That  the  recommendation  required  by  the  eighth 
section  of  this  act,  and  the  proceedings  therein  pointed  out, 

Licenses  may  be  ^^^^^^  ^^  ^^^  prcvious  to  such  appointment  I  And  further, 
annulled.  ^^-^^^  ^^iQ  said  board  of  wardens  shall  have  full  power  and  au- 
thority, at  any  time  or  times,  to  revoke  and  annul  any  branch 
or  license  that  may  be  by  them  granted  to  any  person  to  act 
as  pilot  of  any  description,  or  as  deputy  pilot,  or  to  suspend 
any  branch  pilot  appointed  by  them  or  otherwise,  or  deputy 
pilot  from  acting  as  a  branch  or  deputy  pilot,  for  any  period 

Board  may  make  of  time  they  may  think  proper;  And  farther.  That  the  said 
board  of  wardens  shall  have  full  power  and  authority,  from 
time  to  time,  to  make  and  establish  such  rules,  orders  and 
regulations,  not  inconsistent  with  the  constitution  or  the  laws 
of  this  state,  or  of  the  United  States,  for  the  better  govern- 


Proviso. 


Proviso. 


PILOTS.  579 

ment  of  the  said  pilots  and  deputy  pilots,  and  with  such  fines 
and  penalties,  for  the  breach  thereof,  as  \he  said  board  of 
wardens  shall  deem  proper ;  and  the  same,  from  time  to  time, 
to  revoke  or  amend ;  and  the  said  board  of  wardens  may, 
moreover,  by  their  order,  absolutely  revoke  the  branch  or 
license  of  any  pilot  or  deputy  pilot,  or  suspend  him  from  act- 
ing as  pilot  or  deputy  pilot  for  such  time  as  they  may  think  pro- 
per, for  breaking  any  such  rule,  order  or  regulation,  or  omit- 
ting any  thing  required  by  the  'same,  or  for  acting  in  any 
manner  contrary  thereto  ;  and  in  all  cases  whatever,  a  ma- 
jority of  the  said  board  of  wardens  shall  be  sufficient  to  de- 
cide upon  any  matter  or  question  before  the  said  board,  and 
the  decisions,  acts,  orders  and  proceedings  of  such  majority, 
shall  in  all  cases  be  as  valid,  binding  and  effectual,  to  all  in- 
tents and  purposes,  as  if  the  said  master  and  wardens  had 
all  of  them  been  present  and  concurred  therein :  Provided^  proTiw. 
That  before  any  pilot  or  deputy  pilot  shall  be  deprived  of  his 
branch  or  license,  or  suspended  from  acting  thereunder,  such 
pilot  or  deputy  pilot  shall  be  summoned  by  a  notice  in  WTit-ing, 
to  be  delivered  to  him  personally,  or  to  be  left  at  his  usual 
place  of  abode,  at  least  liftcen  days  before  the  time  specified 
therein  for  his  appearance,  to  appear  before  the  said  board  of 
wardens,  at  such  time  as  shall  be  specified  in  the  said  notice, 
to  show  cause,  if  any  he  may  have,  against  his  suspension, 
or  the  revocation  of  his  branch  or  license  ;  and  if  such  pilot 
or  deputy  pilot  shall  neglect  or  refuse  to  appear  at  the  time 
specified  in  such  notice,  before  the  said  board,  or  if  tlic  cause 
shown  by  such  -pilot  or  deputy  pilot  against  his  suspension, 
or  the  revocation  of  his  branch  or  license,  shall  not  appear 
suilicient  and  satisflictory  to  the  said  board,  it  shall  and  may 
be  lawful  for  the  said  board,  either  to  revoke  the  branch  or 
license  of  such  pilot  or  deputy  pilot,  or  to  suspend  him  from 
acting  as  a  pilot  or  deputy  pilot,  as  they  may  judge  proper  ; 
and  an  entry  shall  thereupon  be  made,  in  the  minutes  of  the 
said  board  of  wardens,  of  such  revocation  or  suspension, 
with  the  causes  or  reasons  thereof;  and  any  ^ch  pilot  or 
deputy  pilot,  who  may  think  himself  aggriev^ed  by  the  pro- 
ceedings of  the  said  board,  under  this  section,  or  under  any 
other  section  of  this  act,  may,  at  any  time  within  fifteen  days 
thereafter,  appeal  therefrom  to  the  mayor  or  recorder  of  the 
city  of  New-York,  or  to  the  governor  of  this  state,  in  case 
he  shall  then  be  in  the  city  of  New- York  ;  and  the  said  board 


580  O^^'  ^1  PILOTS.     2  ^ 

shall,  if  notified  of  such  appeal,  within  the  said  fifteen  days 
hereby  limited  antt  allowed  for  the  making  thereof;  forthwith 
certify  and  return  their  said  act  and  decision  in  the  premises, 
with  the  causes  and  reasons  thereof,  to  the  said  mayor  or  re- 
corder of  the  city,  or  governor  of  the  state,  as  the  case  may 
be,  who,  after  hearing  the  proofs  and  allegations  of  the  ap- 
pellant, and  of  the  said  board,  shall  decide  thereon,  and  con- 
firm or  reverse  such  act  and  decision  of  the  said  board  of 
wardens,  as  to  him  shall  seem  just  and  proper  ;  and  such  de- 
cision shall  be  final  and  conclusive,  and  shall  be  reduced  to 
writing,  and  transmitted  by  the  said  mayor,  recorder,  or  go- 
vernor, to  the  said  board  of- wardens,  who  shall  conform 
themselves    thereto :    Promded,     That  the  act  of  revoca- 
tion or  suspension  appealed  from,  shall. continue  in  force,  and 
the  appellant  be  absolutely  disqualified  and  disabled  from 
acting  thereunder  until  the  same  shall  be  reversed:    And 
further,  That  it  shall  be  the  duty  of  the  said  mayor,  recorder, 
or  governor,  to  decide  upon  the  said  appeal,  and  to  transmit 
his  decisioi^  to  the  said  board  of  wardens  within  twenty  days 
after  making  the  said  appeal  by  the  appellant ;  and  in  default 
thereof,  the  act  and  decision  appealed  from  shall  stand  con- 
firmed of  course  :  And  jyrovidcd  also,  That  the  several  per- 
sons who  now  are  branch  or  licensed  pilots  and  deputy  pilots 
of  the  port  of  New- York,  may  respectively  continue  in  such 
their  respective    employments,   unless    their    branches    or 
licenses  shall  be  Suspended  or  revoked  as  aforesaid. 

Apprenticfistobe  4.  §  X.  And  he  it  further  enacted,  That  it  shall  be  the  duty 
of  the  said  board  of  wardens,  before  they  grant  a  branch  or 
license  to  any  person  applying  therefor,  to  act  as  a  pilot  or 
as  a  deputy  pilot  of  the  port  of  New- York,  to  call  such  ap- 
plicant before  them,  and  in  the  presence  of  one  or  more  of 
the  branch  pilots  of  the  port  of  New-Y'"ork,  who  shall  be 
personally  notified  to  attend  for  the  purpose,  and  whose  duty 
it  shall  be  to  attend  accordingly,  and  to  assist  in  such  exami- 
nation; or  ii:^case  of  the  non-attendance  of  the  pilot  or  pilots 
who  shall  be  so  notified  to  attend  for  that  purpose,  thcnwitli- 
out  the  assistance  or  presence  of  any  branch  pilot,  to  examine 
such  person  so  applying  for  a  branch  or  license  to  act  as  a 
pilot  or  deputy  pilot,  or  to  cause  him  to  be  examined,  touch- 
ing his  qualifications  for  such  an  employment,  and  in  par- 
ticular touching  his  knowledge  of  the  tides,  soundings,  bear- 


PILOTS.  ^^^ 

ings  and  distances  of  the  several  shoals,  rocks,  bars  and  points 
of  land  in  the  navigation  for  which  he  applies  for  a  branch  or  ' 

license  to  act  as  a  pilot  or  deputy  pilot,  and  touching  any- 
other  matter  the  said  board  of  wardens  may  think  proper ; 
and  if,  upon  such  an  examination,  the  persons  so  applying 
shall  be  found  and  appear  to  the  board  to  be  of  sufficient 
ability,  skill  and  experience  to  act  as  a  pilot,  or  as  a  deputy 
pilot  as  the  case  may  be,  and  not  otherwise,  the  said  board 
of  wardens  may  grant  him  a  license  for  piloting  vessels  by 
the  way  of  Sandy  Hook,  or  branch  or  license  for  piloting 
vessels  through  the  channel  of  the  east  river,  commonly  call- 
ed Ilell-Gatc,  or  for  acting  as  deputy  pilot  under  a  branch 
pilot,  as  such  applicant  shall  desire,  and  be  found  qualified  for. 

5.  XL  And  be  it  further  enacted,  That  all  such  branches  ^''[.X'seai!** 
or  licenses  so  to  be  granted  by  the  said  board  of  wardens,  to 
persons  to  act  as  pilots  or  as' deputy  pilots,  shall  be  under 
the  seal  of  the  said  board  of  wardens,  and  shall  be  signed  by 
the  master,  or  in  case  of  his  death,  absence  or  inability  to 
act,  by  one  of  the  wardens,  and  shall  be  attested  by  the  clerk 
of  the  said  board,  or  the  person  acting  as  clerk  for  the  time 
being ;  and  which  branches  or  licenses  shall  be  in  force,  un- 
less revoked,  (and  except  during  the  suspension  of  the  pilot 
or  deputy  pilot  acting  under  the  same  when  suspended,) 
from  the  time  of  the  granting  thereof,  until  the  same  shall 
be  revoked  by  the  wardens  as  aforesaid;  and  if  any  person 
whomsoever,  not  being  licensed  as  aforesaid,  or  who  shall 
be  suspended  by  the  board  of  wardens,  shall,  under  any  pre- 
tence whatever,  at  any  time  after  the  passing  of  this  act, 
pilot  or  offer  to  pilot,  any  siiip  or  vessel,  to  or  from  the  port 
of  New- York,  by  the  way  of  Sandy  Hook,  for  hire,  or  any 
compensation  for  such  pilotage,  when  a  branch  pilot  or  de- 
puty pilot  offers,  he  shall  forfeit  and  pay  to  the  said  board  of 
wardens  the  sum  of  fifty  dollars  for  each  and  every  vessel  he 
shall  so  pilot,  or  offer  to  pilot ;  or  if  any  sucii  person  shall 
pilot,  or  offer  to  pilot,  any  ship  or  vessel,  other  than  vessels 
employed  in  the  coasting  trade  between  the  port  of  New- 
York  and  any  other  port  of  the  United  States,  through  the 
Sound  or  Hell-Gate,  or  shall  pilot  or  offer  to  pilot,  in  like 
manner,  any  coasting  vessel  exhibiting  the  usual  signal  for 
a  pilot  to  come  on  board,  when  a  branch  pilot  or  deputy  pilot 
offers,  he  shall  forfeit  and  pay  the  sum  of  thirty  dollars  for 


582  PILOTS. 

Proviso,  each  and  every  vessel  he  shall  pilot  or  offer  to  pilot:  Pro- 
mdedj  That  in  all  cases  where  vessels  shall  be  within  sight 
of  Sandy  Hook,  with  the  usual  signal  for  a  pilot,  and  no  pilot 
offering  for  four  hours,  ft'om  the  first  of  April  to  the  first  of 
November,  and  two  hours  from  the  first  of  November  to  the 
first  of  April,  it  shall  be  lawful  for  any  qualified  person  to 

Proviso,  pilot  the  said  vessel  into  port :  Provided,  That  if  after  any 
vessel  ^hall  be  so  taken  in  charge  by  any  person  so  qualified 
as  aforesaid,  and  any  branch  or  deputy  pilot  shall  board  and 
take  charge,  or  offer  to  pilot  such  ship  or  vessel  into  port,  he 
shall  be  entitled  to  receive  the  pilotage  allowed  by  this  law 
from  the  place  he  shall  so  take  charge,  or  offer  to  take  cfoargCy 
of  such  ship  or  vessel. 

m^yTrappihu-      ^'  §  ^^^'  ^^^  be  U  fuvtlier  cuacted,  That  each  bra??ch  pilot 
^'^-  may  have  one  deputy  under  him,  to  be  appointed  and  licensed 

by  the  said  board  of  wardens,  to  act  as  a  deputy  pilot  under 
such  branch  pilot ;  and  which  said  deputy  pilot  shall  be  sub- 
ject to  the  same  regulations,  and  liable  to  the  same  fines,  for- 
feitures and  penalties  as  branch  pilots  ;  and  that  every 
branch  pilot  and  deputy  pilot  of  the  port  of  New- York,  before 
he  enters  on  his  employment  as  a  pilot,  or  as  a  deputy  pilot, 
To  enter  into  a  uudcr  such  brauch  or  license,  shall  enter  into  a  rccos^nizance, 

recognizance.  a  ' 

<  to  the  people  of  this  state,  before  the  mayor  or  recorder  of 
the  city  of  New- York,  with  two  suflicient  sureties,  to  be  ap- 
proved of  by  the  said  board  of  wardens,  each  in  the  penalty 
of  two  hundred  and  fifty  dollars,  with  condition,  that  he  will 
diligently  and  faithfully  execute  the  trust  reposed  in  him,  and 
the  duties  required  of  him,  as  such  pilot,  or  deputy  pilot,  as 
the  case  may  be,  according  to  the  directions  of  this  act,  and 
such  rules,  orders  and  regulations  as  may  be  given  him  in 
pursuance  thereof;  and  every  such  recognizance,  if  forfeited, 
may,  at  the  instance  of  the  said  board  of  wardens,  or  on  the 
request  of  any  party  aggrieved,  be  prosecuted  under  the  di- 
rections of  the  said  board  of  v/ardens,  in  any  court  having 
cognizance  thereof,  to  judgment  and  execution,  as  in  other 
cases  ;  and  the  amount  of  such  recognizance,  when  received, 
shall,  by  order  of  the  coui^t  inwhich  the  same  shall  be  reco- 
vered, be  so  paid  to  the  said  board  of  wardens  ;  and  the  said 
board  shall,  in  such  case,  and  also  at'  any  time  after  suit 
brought  on  such  recognizance,  if  required  by  any  party  inter- 
ested therein,  examine  into  and  ascertain  the  damages  sus- 


PILOTS.  -^^3 

tained  by  the  party  so  aggrieved,  and  shall  apply  the  monies 
which  may  be  so  recovered  by  them,  or  as  much  thereof  as 
shall  be  required  for  the  purpose,  in  or  towards  the  pay- 
ment of  the  damages  so  ascertained,  and  shall  make  report, 
in  writinor,  to  the  court  in  which  such  recoverv  shall  be  had, 
of  the  damages  so  ascertained,  and  of  the  payment  so 
made,  for  or  on  account  thereof:  Fromdcd  ahraijs,  That  if  Proviso, 
the  branch  pilot,  or  deputy  pilot,  so  offending,  shall,  before 
judgment  obtained  on  his  recognizance  as  aforesaid,  pay  to 
the  party  aggrieved  the  damages  to  be  ascertained  by  the 
board  of  wardens,  in  manner  aforesaid,  together  with  the 
costs  of  suit,  the  suit,  on  such  recognizance,  shall  be  discon- 
tinued. 

7.  §  XIII.  And  he  it  further   enacted,    That   the  branch  Not  less  than  5 

•  I  1  -1  •  1       1      n     r  1      r  hnnXa  to  be  kept 

pilots,  herein  above  mentioned,  shall,  from  and  ailerthe  pass-  uy  way  or  sanuy 

r-  •  1  -1       •  •  Hook. 

ing  of  this  act,  keep  and  maintain  in  the  piloting  service  to 
and  from  the  port  of  New- York,  by  way  of  Sandy  Hook,  not 
less  than  five  good  and  sufficient- pilot  boats,  such  as  shall  be 
for  that  purpose  examined  and  approved  of  by  the  said  board 
of  wardens;  and  that  such  boats  shall  be  registered  in  the 
said  warden's  office;  and  it  shall  also  be  the  duty  of  the  mas- 
ters of  such  boat  or  boats,  to  report,  in  writing,  to  the  said 
board  of  wardens,  at  their  said  office,  in  the  city  of  New- 
York,  on  the  first  days  of  May  and  November,  in  each  and 
every  year,  the  names  and  numbers  of  the  branch  and  deputy 
pilots,  boat  keepers  and  apprentices,  attached  to  the  said  boat  / 
or  boats  respectively:  And  further,  That  each  and  every 
pilot,  and  master  of  a  pilot  boat,  offending  against  the  forego- 
ing provisions  of  this  section,  shall  forfeit  and  pay  to  the  said 
board  of  wardens,  for  each  and  every  offence,  the  sum  of  fifty 
dollars  :  And  further,  That  it  shall  not  be  lawful  for  more 
than  two  boats'  crews,  not  exceeding  twenty  persons  in  all,  rartnrrsiiips 
pilots  and  deputy  pilots  included,  but  exclusive  of  appren- 
tices, to  be  in  partnership,  or  have  a  joint  or  common  inter- 
est or  concern  in  this  business  as  pilots,  or  in  the  pilotage, 
profits  or  emoluments  thereof,  without  a  special  permit,  in 
writing,  for  that  purpose,  from  the  said  board  of  wardens  ; 
and  each  and  every  pilot  or  deputy  pilot,  oflending  against 
the  provisions  of  this  section,  shall  forfeit  and  pay,  for  each 
and  every  offence,  the  sum  of  fifty  dollars  ;  and  every  con- 
tinuance of  such  i)arlnershij),  or  other  joint  or  common  inter- 


584  PILOTS. 

est  or  concern,  after  suit  brought  against  such  offender,  not- 
withstanding that  the  same  may  be  varied  or  ahered  as  to 
parties  or  terms,  or  otherwise',  and  whether  the  same  shall 
be  so  varied  or  altered,  or  not,  shall  be  deemed  a  new  of- 
fence in  each  and  every  person  so  continuing  the  same,  who 
shall  forfeit  and  pay  the  like  sum  of  fifty  dollars  for  each  and 
every  such  continuance  thereof,  and  so  from  time  to  time,  on 
each  and  every  subsequent  suit  brought;  or  if  it  shall  be  law- 
ful for  the  board  of  wardens,  in  their  discretion,  to  revoke  the 
license  of  any  pilot  or  deputy  pilot  who  shall  offend  against 
the  provisions  of  this  section,  or  to  suspend  him  from  acting 
as  a  pilot  or  deputy  pilot  for  such  time  as  the  said  board  shall 
proper. 

whTmLtXiv7  ®*  ^  ■^^^*  ^^'^^  ^^  ^'^  further  enacted,  That  if  any  pilot  or 
'"endS'*^'*^'^^"'^' ^^P^^^  P^^^^  ^^^^^^  misbehave,  when  in  the  execution  of  his 
duty,  it  shall  and  may  be  lawful  to  and  for  the  board  of  war- 
dens, on  complaint  thereof  made  to  them,  to  appoint  a  time 
and  place  of  hearing,  whereof  fifteen  days'  notice  shall  be 
given  to  such  pilot  or  deputy  pilot,  and  on  due  proof  being 
made  to  the  said  board  of  wardens,  to  their  satisfaction,  of 
misbehaviour  of  such  pilot  or  deputy  pilot,  to  fine  such  pilot 
or  deputy  pilot  therefor,  in  any  sum  not  exceeding  twenty- 
five  dollars,  or  to  suspend  him  for  any  term  which  the  said 
Proviso,  board  may  think  proper:  Provided  always,  That  nothing 
herein  cgntained  shall  be  so  construed  as  to  prevent  the 
owner  or  consignee  of  such  vessel,  or  any  other  person  or 
persons,  from  recovering  his  or  their  damages,  if  any,  by  oc- 
casion of  such  misbehaviour  of  such  pilot  or  deputy  pilot,  in 
any  court  having  cognizance  of  the  same. 

Punishment  of      9.  §  XV.  And  he  it  furtJier  euacted,  T\mi  \i  diXiY  vtiXot  OY  diQ- 

pilot  for  losing  a  .,  ,      i,  t  i  i-       i      i  i 

vessel.  puty  pilot  shall  negligently  or  carelessly  lose  any  vessel  un- 

der his  care,  and  be  thereof  convicted  by  due  course  of  law, 
he  shall  for  ever  after  such  conviction  be  incapable  of  acting 
as  a  pilot  or  a  deputy  pilot  in  this  state  ;  and  if  any  pilot  or 
deputy  pilot  shall  run  any  vessel  on  shore,  he  shall  not  be  en- 
titled to  any  pilotage  for  such  vessel. 

On  suspension  to      iQ.  ^  XVI.  Aiidheit  fiirt/ier  euacted,  That  incase  of  the 

deliver  up  license  ^  -^  i         -i  j 

suspension  of  any  pilot  or  deputy  pilot,  such  piloi  or  deputy 
pilot,  so  suspended,  shall  forthwith  deUver  up  his  branch  or  li- 


PILOTS.  585 

cense  to  the  said  board  of  wardens,  to  be  by  them  kept  until 
the  time  for  which  he  shall- be  so  suspended  shall  be  expired, 
under  the  penalty  of  one  hundred  dollars  for  each  and  every 
refusal  so  to  do. 

11.  §  XVII.  And  be  it  further  enacted,  That  the  said  mas-  o?Sepu^«sKe 
ter  and  wardens,  or  either  of  them,  or  any  other  person  not  boats!™^  '"*^* 
being  a  branch,  pilot  or  deputy  pilot,  shall  not  be  concerned, 

directly  or  indirectl}^  in  any  pilot  boat,  or  with  any  pilot  in 
respect  to  the  business  of  his  trust. 

12.  fXVIII.  And  be  it  further  enacted,  That  the  said  board  timirto'^be"g\™a 
of  wardens  shall  furnish  every  pilot  or  deputy  pilot  aforesaid,  Jmlies.^  ^"^  ^^' 
with  printed  instructions,  to  be  shown  by  such  pilot  or  de- 
puty pilot,  to  the  master  or  commander  of  every  vessel,  as 

soon  as  he  shall  go  on  board  to  take  charge  of  such  vessel 
to  pilot  her  into  the  said  port,  under  the  penalty  of  ten  dol- 
lars for  cacli  and  every  neglect  or  refusal. 

13.  §  XIX.  And  be  it  further  enacted,  That  tiic  master,  exfr^'^lLs'lTre'^ 
owner  or  consignee  of  any  ship  or  vessel,  appearing  in  dis-  Sefs!^*^^^*"'^ '° 
tress,  and  in  want  of  a  pilot,  on  the  coast,  shall  pay  unto  such 

branch  pilot  or  deputy  pilot,  who  shall  have  exerted  himself 
for  the  preservation  of  such  ship  or  vessel,  such  sum,  for  ex- 
tra services,  as  the  said  master,  owner  or  consignee  and  pilot 
can  agree  upon;  and  in  case  no  such  agreement  can  be 
made,  the  board  of  wardens  shall  determine  what  is  a  rea- 
sonable reward ;  and  the  sum  so  determined  by  them  shall 
be  paid  in  manner  aforesaid. 

14.  §  XX.  And  be  it  further  enacted,  That  if  the  master  of  P'^'^'ty  for rcfus- 

^  ♦'  '  ins  to  roreive  a 

any  ship  or  vessel,  coming  into  or  going  out  of  the  port  of  Jj^gs^.,"'"  ^'^'"'^  * 
New- York,  except  schooners  and  sloops  employed  in  the 
coasting  trade,  and  licensed  for  that  purpose,  not  over  se- 
venty tons  burthen,  (unless  such  vessel  shall  make  the  usual 
signal  for  the  pilot)  shall  refuse  to  receive  on  board  and  em- 
ploy a  pilot,  the  master  or  owner  of  such  vessel  shall  pay  to 
such  pilot  who  shall  have  offered  to  go  on  board  and  take 
charge  of  the  pilotage  of  such  vessel,  half  pilotage  from  the 
place  at  which  such  pilot  shall  have  ollercd  himself,  to  the 
said  })«.>rt  of  New-York. 

74 


686  PILOTS. 

Allowance  to        15.  §  XXI.  And  be  it  further  enacted,  That  if  any  vessel 

pilots  carried  to  ^  ^  . 

^^^'  going  out  of  the  port  of  New- York,  shall  carry  oft'  to  sea, 

through  the  default  of  the  master  or  owner  of  such  vessel, 
any  pilot  or  deputy  pilot,  when  a  boat  is  attending  to  receive 
such  pilot  or  deputy  pilot  from  on  board  such  vessel,  the 
master,  owner  or  consignee  of  such  vessel,  shall  pay  the 
board  of  wardens  aforesaid,  for  the  use  of  such  pilot  or  de- 
puty pilot,  besides  the  pilotage  of  such  vessel,  at  and  after 
the  rate  of  seventy-five  dollars  per  month,  until  such  pilot  or 
deputy  pilot  shall  return  to  the  port  of  New- York  aforesaid. 

Fees  allowed  to      16.  §  XXII.  Aud  be  it  further  enacted.  That  it  sliall  be 

pilots  by  way  of  .         ^        f.  i        -i 

Bandy  Hook.  lawful  for  cvcry  branch  pilot  or  deputy  pilot  aforesaid,  to 
ask  and  receive  pilotage  from  any  person  or  persons  who 
shall  employ  him  to  pilot  any  ship  or  vessel  from  the  east- 
ward or  southward  of  the  white  buoy,  situate  on  the  eastern 
edge  of  the  outer  middle  ground,  near  the  bar,  to  the  port 
of  New-York,  and  shall  there  safely  moor  such  vessel,  or 
take  her  to  a  proper  wharf,  as  the  master,  owner  or  con- 
signee of  such  ship  or  vessel  may  desire,  and  likewise  from 
any  person  or  persons  who  sfiall  employ  him  to  pilot  any 
ship  or  other  vessel  from  the  port  of  New- York  to  the  east- 
ward or  southward  of  the  said  white  buoy,  so  far  that  such 
vessel  may  safely  proceed  to  sea,  at  and  after  the  rates  fol- 
lowing, to  wit :  for  ships  and  vessels  of  the  United  States, 
and  for  vessels  of  other  nations  that  are  permitted  by  the 
laws  of  the  United  States  to  enter  on  the  same  terms  as  ves- 
sels of  the  United  States,  the  sums  following,  viz.  for  every 
ship  or  vessel  drawing  less  than  fourteen  feet,  one  dollar  and 
fifty  cents  for  every  foot  such  ship  or  vessel  shall  draw  ;  for 
every  ship  or  vessel  drawing  fourteen  feet,  and  less  than 
eighteen  feet,  one  dollar  and  seventy-five  cents  for  every 
foot  such  ship  or  vessel  shall  draw ;  and  for  every  ship  or 
vessel  drawing  eighteen  feet  and  upwards,  two  dollars  and 
twenty-five  cents  for  every  foot  such  ship  or  vessel  may 
draw  ;  and  for  all  other  ships  or  vessels,  an  addition  of  one 
fourth  to  the  above  rates  :  And  further,  If  the  master  or  owner 
of  any  ship  or  vessel,  having  a  pilot  on  board,  shall  choose 
to  have  his  said  ship  or  vessel  moored  at  any  place  within 
Sandy  Hook,  and  not  destined  to  New- York  as  aforesaid, 
such  pilot  or  deputy  pilot  shall  be  allowed  the  same  rate  of 
pilotage  as  if  the  said  ship  or  vessel  was  moored  or  conduct- 


PILOTS.  587 

ed  to  a  proper  wharf  as  aforesaid,  and  shall  be  entitled  to  his 
discharge  from  such  ship  or  vessel  within  twenty-four  hours 
thereafter :  Provided,  That  no  more  than  half  pilotage,  at  Proviso, 
the  rate  aforesaid,  shall  be  demanded  or  received  by  any 
such  pilot,  who  shall,  to  the  westward  of  the  said  white  buoy, 
take  charge  of  any  ship  or  vessel  coming  into  the  port  of  New- 
York  :  And  provided  also,  That  no  pilotage  whatever  shall 
be  demanded  or  received  by  any  such  pilot  for  any  such  ship 
or  vessel  coming  into  the  said  port  of  New- York,  unless  such 
pilot  shall  take  charge  of  such  ship  or  vessel  to  the  south-  ^ 

ward  of  the  upper  middle  ground,  and  such  vessel  be  at  least 
of  the  burthen  of  seventy  tons,  unless  such  vessel  shall  make 
the  usual  signal  for  a  pilot,  in  which  case  it  shall  be  the  duty 
of  such  pilot  to  take  charge  of  such  vessel,  and  such  pilot 
shall  then  be  entitled  to  half  pilotage  therefor  as  aforesaid : 
And  farther,  That  between  the  first  day  of  November  and 
the  first  day  of  April,  inclusive,  in  every  year,  such  branch 
pilot  or  deputy  pilot  may  ask  and  receive  the  additional  sum 
of  four  dollars  for  every  ship  or  other  vessel  drawing  ten 
feet  and  upwards  ;  and  for  every  ship  or  other  vessel,  draw- 
ing less  than  ten  feet  water,  the  additional  sum  of  two  dollars. 

17.  §  XXTII.  And  he  it  further  enacted.  That  it  shall  be    Fees  on  taking 

chflfc  of  Ji  vos- 

lawful  for  every  branch  pilot  or  deputy  pilot  aforesaid,  to  ^^i-i  at  a  certain 

,  ,  .      *  /•  I       J     I  ,  ,     „  distance    from 

ask  and  receive  from  any  person  or  persons,  who  shall  em-  la 'd- 
ploy  him  to  pilot  any  ship  or  vessel,  and  which  said  ship  or 
vessel  shall  be  taken  in  charge  by  such  branch  pilot  or  de- 
puty pilot,  at  such  distance  from  land  as  tliat  vSandy  Hook 
light-house  could  not  be  seen  from  the  deck  of  the  said  ves- 
sel, in  the  day  time,  in  fair  weather,  the  addition  of  one- 
fourth  to  the  rates  of  pilotage  allowed  by  virtue  of  the  pro- 
visions of  this  act:  Provided  nevertheless,  That  the.  branch 
pilots  or  deputy  pilots  belonging  to  any  boat  which  shall 
have  piloted  any  ship  or  vessel  into  the  port  of  New-York, 
by  the  way  of  Sandy  Hook,  shall  be  entitled  to  a  preference 
in  piloting  the  said  ship  or  vessel  out  of  the  said  port  on  the 
next  outward  voyage  of  the  said  ship  or  vessel,  if  the  said 
voyage  be  by  the  way  of  Sandy  Hook  :  Provided  also,  in  casr  Proviso, 
of  non-atlcndance  of  some  one  of  the  said  pilots  or  deputies, 
at  the  time  and  place  required  by  the  master,  owner  or  con- 
signee of  such  ship  or  vessel,  that  then  it  shall  be  lawful  for 
the  said  master,  owner  or  consignee  to  employ  such  other 


588 


PILOTS. 


Fees  for  deten- 
tion or  pilot. 


branch  pilot  or  deputy  pilot  as  they  may  think  proper  ;  and 
the  said  pilots  or  deputies  shall,  by  such  non-attendance,  be 
deemed  to  have  relinquished  the  preference  provided  for 
them  as  aforesaid ;  but  in  all  other  cases  where  there  is  no 
preference  given  as  aforesaid,  it  shall  be  the  duty  of  the 
board  of  v^ardens  to  apportion  the  vessels  outward  bound, 
by  the  way  of  Sandy  Hook,  as  equal  as  may  be,  amongst 
the  pilots  and  deputy  pilots  licensed  for  that  purpose. 

18.  §  XXIV.  And  be  it  farther  enacted.  That  for  every 
day  which  any  pilot  or  deputy  pilot  shall  be  requested  to  re- 
main, or  be  detained,  on  board  any  ship  or  vessel,  by  the 
master,  owner  or  consignee,  over  and  above  the  usual  de- 
tentions of  getting  ships  and  vessels  from  the  wharf  to  sea, 
and  from  sea  to  the  w^harf,  he  may  demand  and  receive  the 
sum  of  three  dollars  per  day  for  each  and  every  day  he  shall 
be  so  detained. 


Fees  of  pilots 
through  Hell- 
Gate. 


Proviso. 


19.  §  XXV.  And  he  it  further  enacted,  That  every  pilot 
licensed  to  pilot  vessels  through  the  channel  of  the  East 
river,  commonly  called  Hell-Gate,  may  demand  and  receive 
from  the  master  of  any  ship  or  vessel,  to  whom  he  shall  ten- 
der his  services  as  a  pilot,  and  by  whom  the  same  shall  be 
refused,  and  for  detention  on  board  of  any  vessel,  (over  and 
above  the  usual  detention  of  navigating  vessels  through  the 
channel  of  the  East  river,  commonly  called  Hell-Gate,)  three- 
fourths  of  the  rates  of  compensation  herein  before  allowed 
to  the  other  licensed  pilots  of  the  port  of  New-York  in  those 
cases  ;  and  in  all  other  cases,  they  may  demand  and  receive 
such  rates  of  pilotage  as  shall  be  established  by  the  board  of 
wardens  aforesaid,  for  such  pilots  :  Provided,  That  nothing 
shall  be  demanded  and  received  from  the  master  or  owners 
of  any  vessel  employed  in  the  coasting  trade,  and  sailing 
under  a  coasting  license  through  the  East  river  or  Sound, 
commonly  called  Hell-Gate,  unless  such  vessel  shall  make 
the  usual  signal  for  a  pilot. 


Apprentices  to  be 
engaged. 


20.  §  XXVI.  And  he  it  farther  enacted,  That  to  each  and 
every  boat  in  the  pilot  service,  to  and  from  the  port  of  New- 
York,  by  the  way  of  Sandy  Hook,  there  shall  be  no  less 
than  two  apprentices,  who  shall  be  indented  to  the  master  of 
the  said  boat  or  boats,  or  some  other  branch  or  deputy  pilot 


PILOTS.  589 

attached  to  the  said  boat  or  boats,  for  a  term  not  less  than 
five  years,  (copies  of  which  indentures  shall  be  filed  forth- 
with in  the  ofRce  of  the  said  wardens)  and  it  shall  be  the 
duty  of  the  master  pilot  to  whom  such  apprentices  shall  be 
indented,  to  attend  diligently  to  the  instruction  of  said  ap- 
prentices, in  the  art  and  myster}-  of  a  pilot,  and  from  time  to 
time,  and  not  less  than  once  in  every  month  of  the  two  last 
years  of  the  said  apprenticeship,  to  take  such  apprentices  on 
board  of  ships  or  other  square-rigged  vessels,  for  the  pur- 
pose of  teaching  said  apprentices  to  work  and  manoeuvre 
such  ships  or  vessels  :  And  further,  The  said  board  of  war- 
dens, shall,  annually,  in  the  month  of  May,  cause  all  the  said 
apprentices  to  be  examined  in  their  ofHcc,  in  the  presence  of 
two  or  more  of  the  branch  pilots,  who  are  hereby  required 
to  attend  for  that  purpose,  touching  and  concerning  their 
knowledge  of  the  tides,  bearing  and  distances  of  the  several 
shoals,  reefs,  bars  and  points  of  land,  currents  and  every 
other  matter  the  said  board  of  wardens  may  think  proper, 
tending  to  promote  the  safe  navigation  of  vessels  between 
the  citv  of  New- York  and  Sandv  Hook. 


rsons  to  be  em- 
rd  hv  way  of 


21.  §  XXVII.  And  he  it  further  enacted.  That  the  branch  [;,';[^ 
pilots,  the  deputy  pilots,  apprentices  indented  as  above  men-  '^■"''y ^'•^«^- 
tioned,  and  boat-keepers,  (to  be  selected  from  the  deputy 

pilots  or  apprentices,)  shall  be  the  only  persons  employed  in 
the  pilot  service  to  and  from  the  port  of  New- York  by  the 
way  of  Sandy  Hook. 

22.  §  XXVIII.  And  he  it  further  enacted,  That  it  shall  be  Tho  imd  to  i»e 
the  duty  of  every  branch  pilot,  or  deputy  pilot,  upon  taking  ^'"^"^"'^ 
charge  of  any  vessel,  either  outward  or  inward  bound,  to 

cause  the  lead  to  be  regularly  hove,  and  to  see  that  the  lead 
line  is  properly  marked,  and  in  default  thereof,  that  he  forfeit 
his  pilotage. 

23.  §  XXIX.  And  he  it  further  enacted,  That  incase  the  Amount  of  piiot- 
owner  or  consignee  oi  any  snip  or  vessel,  shall  not  be  satis-  |>y  the  wardens 
fied  with  the  amount  of  pilotage  charged  against  such  ship 

or  vessel,  by  the  branch  or  deputy  pilot,  for  the  pilotage 
of  such  ship  or  vessel,  to  or  from  the  port  of  New- York,  it 
shall  be  the  duty  of  such  pilot  or  deputy  pilot,  to  have  the 
amount  of  pilotage  claimed  by  him  as  aforesaid,  taxed  or 


590  PILOTS. 

certified  by  the  board  of  wardens  of  the  said  port,  who  are 
hereby  required  to  examine  and  certify  the  same,  without 
fee  or  reward  ;  and  that  no  suit  or  action  shall  be  brought  or 
maintained  for  such  pilotage  until  the  same  shall  be  taxed  or 
certified  as  aforesaid. 

^ToStSn?"'  24.  §  XXX.  And  be  it  further  enacted,  That  in  order  to 
prevent  intoxication  in  persons  having  the  charge  of  ships 
and  vessels,  as  pilots,  that  if  any  branch  pilot  or  deputy  pilot 
shall  become  intoxicated  in  charge  of  any  ship  or  vessel,  as 
pilot,  he  shall  for  the  first  offence,  forfeit  his  pilotage,  be 
suspended  from  duty  for  six  months,  and  in  addition  thereto 
forfeit  and  pay  fifty  dollars  to  the  trustees  of  the  pilots' 
charitable  society ;  and  for  the  second  offence  be  deprived 
of  his  breach  or  license,  as  the  case  may  be,  and  be  for  ever 
thereafter  incapable  of  acting  as  pilot :  Promded  always. 
That  the  penalties  aforesaid,  or  any  other  forfeitures  or  pen- 
alties incurred  by  virtue  of  this  act,  or  by  the  rules  and  re- 
gulations of  the  master  and  wardens,  made  in  conformity 
with  this  act,  shall  not  be  inflicted  until  such  pilot  or  deputy 
pilot  shall  first  have  been  summoned,  and  such  other  pro- 
ceedings had,  as  are  provided  for  by  the  ninth  section  of 
this  act. 

Certain  monies  25.  §  XXXI.  And  he  it  furtJiev  cnactcd,  That  the  half  pilot- 
Piiots' Charitable  agc  authorized  and  directed  to  be  paid  by  the  twentieth  section 

ociety.  ^^  ^j^.^  ^^^^  ^j^^jj  ^^  ^^.^  ^^  ^^^  trustees  of  the  pilots'  chari- 

table society,  to  be  by  them  appropriated,  together  with 
any  other  monies,  in  such  manner  as  they  may  see  fit,  to  the 
relief  of  distressed  pilots,  and  the  widows  and  children  of 
deceased  pilots. 

Finps,&c.howto  26.  §  XXXII.  And  he  it  further  enacted,  That  all  forfeit- 
ures, fines  and  penalties,  which  shall  or  may  be  recovered 
and  received  by  the  said  board  of  wardens,  under  and  by 
virtue  of  this  act,  and  not  otherwise  appropriated,  shall  be 
appHed,  in  the  first  instance,  for,  in,  or  towards  the  payment 
of  such  costs  of  suit  and  disbursements  of  the  said  board  of 
wardens,  in  their  prosecutions  and  proceedings,  under  this 
act,  against  ofl^enders,  as  shall  not  be  received  by  them  from 
the  party  or  parties  so  prosecuted  or  proceeded  against ;  and 
the  overplus  and  residue  thereof,  if  any  overplus  there  should 


PILOTS.  59i 

be,  shall  be  accounted  for  and  paid  over,  on  the  first  Monday 
of  June,  in  each  and  every  year,  to  the  pilots'  ch(^ritable 
fund,  in  the  city  of  New-York,  for  the  use  and  benefit  of  that 
association. 


CHAP.  XCIII. 

AN  ACT  relative  to  the  Port  Wardens  and  Pilots  of  the 
Port  of  New-York. 

Passed  March  30,  1831,  p.  12G. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
§  1.  There  shall  be  appointed,  in  the  manner  now  provid-  gj^  wardens  to 
ed  by  law,  six  wardens  of  the  port  of  New- York,  including  appointed. 
the  master  warden. 

§  2.  Two  special  wardens  shall  be  appointed  in  like  man-  Two  special  war- 

^  ^  ^  f  ^  dens  to  be  ap- 

ner,  to  reside  at  the  quarantine  ground  in  the  county  of  Rich-  po»"ttHi. 
mond,  whose  duty  it  shall  be  to  act  as  wardens  only  in  re- 
gard to  vessels  and  goods  subject  to  quarantine  at  that  place. 

§  3.  Such  special  wardens  shall  make  returns  of  all  sur-  To  make  returns, 
veys  held  by  them,  and  of  all  other  duties  by  them  performed, 
to  the  board  of  wardens,  within  forty-eight  hours  after  such 
survey  is  made. 

§  4.  The  said  special  wardens  shall  be  entitled  to  receive,    Their  feea. 
for  the  services  performed  by  them,  the  same  rate  of  fees  as 
are  allowed  by  law  to  the  wardens  of  the  port  for  similar 
services. 

27.  §  5.  The  number  of  branch  pilots  of  the  port  of  New-  Branch  pilots  by 
York  by  the  way  of  Sandy  Hook,  is  hereby  fixed  at  thirty,   Hook"     ^"  ^ 
who  shall  be  appointed  in  the  manner  now  prescribed  by  law, 

and  hold  their  appointments  for  two  years,  and  until  others 
are  appointed  in  their  places. 

28.  §  0.  There  shall  be  appointed  by  the  governor,  with  Bywayofiieii- 
thc  consent  of  the  senate,  not  exceeding  thirteen  pilots  for 


593  PILOTS. 

the  East  river  and  Hell-Gate,  who  shall  hold  their  appoint- 
ments ^  provided  in  the  preceding  section ;  such  pilots  shall 
only  be  appointed  from  those  who  shall  have  been  examined 
and  received  certificates  of  the  wardens  of  the  port,  and 
that  they  are  competent  to  act  as  pilots. 


CHAP.  CCVII. 

AN  ACT  to  amend  the  Act  passed  February  19//?,  1819, 
relative  to  the  Port-Wardens,  Harbor-Masters  and  Pilots 
of  the  Port  of  Neic-York, 

Passed  April  16, 1830,  p.  227. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Hell  Gate.  29.  §  1.  The  provisions  of  the  twenty-fifth  section  of  the 

act  hereby  amended,  shall  extend  and  apply  to  all  vessels 
navigating  the  channel  of  the  East  river,  commonly  called 
Hell-Gate,  except  vessels  sailing  under  coasting  license  of 
less  than  one  hundred  tons  burthen. 

Penalty.  30.  §  2.  If  any  person  other  than  a  branch  or  licensed  pilot, 

shall  pilot  for  any  other  person,  any  vessel  of  any  descrip- 
tion, through  the  channel  of  the  tast  river  commonly  called 
Hell-Gate,  or  board  such  vessel  for  that  purpose,  he  shall 
forfeit  and  pay  the  sum  of  thirty  dollars  for  every  such 
offence,  to  be  sued  for  and  recovered  in  the  name  of  the 
master  warden  of  the  port  of  JVew-York,  before  any  jus-» 
tice  or  court  having  cognizance  of  the  same  in  the  city  of 
New^-York  ;  and  all  such  fines,  when  recovered,  after  pay- 
ing necessary  costs  and  charges,  shall  be  deposited  in  the 
Savings  Bank,  and  constituted  a  charitable  fund,  to  be  dis- 
posed of  for  tlie  benefit  of  indigent  widows  and  orphan  chil- 
dren of  deceased  East  river  pilots  under  the  direction  of 
the  board  of  wardens. 

Half-pilotage.  31  §  3.  Thc  half  pilotagc  authorizcd  by  law  to  be  collected 
whenever  a  pilot  shall  be  refused,  shall  be  paid  over  to  the 
master  warden,  and  by  him  dis^posed  of  in  the  manner  pre- 
scribed in  the  last  preceding  section. 


I 


PILOTS.  593 


CHAP.  CXCVI. 

AN  ACT  to  amend  an  act  entitled  "  An  act  to  amend  an  act 
entitled  "  An  act  to  reduce  several  laws  relating  particularly 
to  the  City  of  New-York  into  one  act  so  far  as  the  same  relates 
to  the  Master  and  Wardens,  Harhor-Masters  and  Pilots  of 
the  Port  of  New-York,  and  their  diUies,  and  for  other  pur- 
poses," passed  February  19,  1819. 

Passed   April  12,  1822,  p.  195. 

32.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-  I'g^^eSpiofi 
York,  represented  in  Sejiate  and  Assembly,  That  if  the  master  j;j^'«t  <:oming  into 
of  any  ship  or  vessel,  (except  schooners  and  sloops  under 
seventy  tons,  employed  in  the  coasting  trade,  licensed  for 
that  purpose,  and  not  making  the  usual  signal  for  a  pilot,) 
coming  into  the  port  of  New- York,  shaW  refuse  to  receive 
on  board  and  employ  a  pilot,  who  shall  have  offered  to  go  on 
board,  and  to  take  charge  of  the  pilotage  of  such  vessel,  the 
master,  owner  or  consignee  of  such  vessel  shall  pay  to  the 
trustees  of  tlic  pilots'  charitable  society  half  pilotage  from 
the  place  at  w^hich  such  pilot  shall  have  offered  himself,  to 
the  said  port  of  Nevz-York. 

33.^  II.  And  be  it  farther  enacted,   That  if  the  master.  And  going  out  of 
.  .  .  po"- 

owner  or  consignee  of  any  registered  or  square  rigged  vessel, 

going  out  of  the  said  port  of  New- York,  shall  refuse  to  re- 
ceive on  board  or  employ  a  pilot  who  shall  have  offered 
to  go  on  board  and  to  take  charge  of  the  pilotage  of  such 
vessel,  the  master,  owner  or  consignee  of  such  vessel  shall  * 
pay  half  pilotage  to  the  trustees  of  the  pilots'  charitable 
society. 

34.  §  III.  And  be  it  further  enacted.  That  any  pilot,  not-  P'l^ts  may  be 
withstanding  his  being  a  member  of  the  pilots'  charitable  so- 
ciety, may  be  a  competent  witness  to  prove  the  refusal  by 
the  master,  owner  or  consignee,  to  receive  on  board  and  em- 
ploy a  pilot  as  aforesaid;  and  the  twentieth  section  of  the 
act  hereby  amended  is  hereby  repealed. 

75 


594  POLICE  OFFICE. 

[Forty- Sixth  Session.'] 
POIilCE  OFFICE. 

CHAP.  LXXXVI. 


Act  to  reduce,  <^c.  passed  April,  9,  1813.  jK.  L.  Vol.  2,  p.  350. 

Bbct.  I.  Tolice  office  established. 

2.  Who  may  act  as  conservators  of  the  peace  therein. 

3.  Three  special  justices  and  clerk  appointed. 

4.  Examinations  and  recognizances  to  be  lodf^ed  in  said  office. 

5.  Recognizances  when  to  be  estreated  and  when  delivered  to  common  council. 

6.  Salary  of  justices  and  clerk. 

7.  Clerks'  fees. 

8.  Duty  of  justices  in  relation  to  goods  and  chattels  of  intestates. 

9.  Judges  to  account  for  monies  and  goods  unclaimed. 

10.  VViien  property  to  be  restored  to  owner. 

11.  Unclaimed  property  to  be  sold  at  auction. 

12.  44.  Mayor  to  selectt)fflcers  to  attend  Police  Office. 

13.  Proceeds  of  sales  of  unclaimed  property  how  disposed  of. 

14.  Assistant  clerk. 

15.  Special  justices  may  compel  attendance  of  witnesses. 

16.  Watchmen  to  obey  order  of  justices. 

17.  Justices  to  examine  persons  and  discharge  watch. 

18.  Disorderly  persons  how  discharged. 

19.  Bonds  of  disorderly  persons  where  lodged. 

20.  Poiversof  special  justices. 

21.  Further  powers. 

2J.  Common  council  to  direct  where  Police  Office  shall  be  kept. 

23.  Additional  justice  to  be  appointed. 

24.  Office  to  be  north  of  Grand-Street. 

25.  Marshals  in  New- York  may  be  increased. 
2G.  Who  are  deemed  vagrants. 

27.  Duty  ofpeace  officer  in  relation  to  vagrants. 

28.  Proceedings  against  vagrants. 

29.  s —  pert-ous  intoxicated. 

30.  Penalty  of  riding  or.driving  at  greater  speed  than  five  miles  an  hour. 

31.  Recognizance  to  appear  and  keep  the  peace,  &.c. 

32.  Who  disorderly  persons.  ^ 

33.  Disorderly  conduct. 

34.  Powerof  special  justices  to  let  to  bail. 

35.  Pow«r  of  the  Court  of  Sessions  relative  to  costs. 

36.  In  relation  to  second  convictions. 

37.  After  a  conviction  of  Petit  Larceny. 

38.  Penalty  for  buying  or  receiving  stolen  property,  knowing,  ice. 

39.  Powers  of  the  common  council  in  relation  to  Hawkers  and  Peddlers. 

40. «- in  relation  to  dealers  in  old  Iron,  Brass,  &c: 

41.  Forfeitirte  for  violating  two  last  sections. 

42.  Common  council  to  pass  ordinances  to  ascertain  the  number  of  births  and  regulate 

Pawnbrokers. 

43.  Powers  of  the  common  council  and  justices  in  relation  to  abandoned  children. 

44.  Special  justices  may  select  Constables  and  Marshals. 

45.  Powers  of  the  common  council  in  relation  of  keepers  of  ordinaries  andj  victual- 

ling houses. 

46.  Penalty  for  violating  ordinances. 

47.  One  or  more  clerks  of  Police  may  be  appointed. 


POLICE  OFFICE.  595 

1.  §  XXII.  And  be  it  further  enacted,  That  for  the  more   Paiice  office  m- 
effectaally  discbvenng  and  apprehending  offenders  in  the  city  *^  ^  *  • 

of  New- York,  an  office  shall  continue  in  the  said  city,  to  be 
denominated  the  police  office  in  the  city  of  New- York,  and 
to  be  kept  at  such  place  or  places  as  the  mayor,  aldermen 
and  commonalty  of  the  said  city  shall  from  time  to  time  pro- 
vide and  assign. 

2.  §  XXIII.  And  he  it  further  enacted,  That  it  shall  be  law-       chancellor, 
ful  for  the  chancellor,  every  of  the  judges  of  the  supreme  ^rltfcoxm,  m^- 
court,  the  mayor,  recorder,  and  every  of  the  aldermen  of  the  aldernlen/^2ay. 
said  city,  whenever  they  shall  severally  deem  the  occasion  ^''^  ^'^'^^'"■ 

to  require  it,  to  be  in  the  said  office,  and  then  and  there  to  do 
every  act  which  they  shall  deem  requisite  to  be  done  by  them 
as  conservators  of  the  peace. 

3.  6  XXIV.  And  he  it  furtlier  enacted,  That  three  justices     thicc  special 

1      n    1  •  ^  r  •         i      ii    i  i  ^  justices  tO  be  ap 

shall  be  appomted  as  oiten  as  it  shall  be  deemed  necessary,  pointed, 
each  of  whom  shall  be  denominated  in  the  commission  to  him, 
a  special  justice  for  preserving  the  peace  in  the  city  of  New- 
York,  and  shall  within  the  said  city  execute  the  like  authori- 
ties which  are  by  law  vested  in  justices  as  conservators  of 
the  peace :  and  there  shall  also,  as  often  as  it  shall  be  deem- 
ed necessary,  be  a  clerk  appointed  to  be  denominated  in  lh(? 
commission  to  him,  the  clerk  of  the  police  office  in  the  city    ci,,rk  of /ii<<  po- 
of New-York:    Provided  however,  That   the  persons  now '"^*'''"'^*^' 
holding  the  said  offices  of  special  justice  and  clerk  as  afore- 
said, shall  continue  to  hold  tlic  same  until  others  shall  be  ap- 
pointed and  commissioned  in  their  stead. 

4.  §  XXV.  And  be  it  further  enacted.  That  all  recogni-     Rcrosnizanre 
zances  from  parties  to  appear  and  answer,  or  from  witnesses  a.RV^'irposiHons, 
to  appearand  testify,  and  all  examinations  of  parties  charged  Jl^uc^c oSlcx- '' 
with  offences,  and  depositions  of  witnesses  respecting  of- 
fences, taken  elsewhere  in  the  said  city  than  in  the  said  police 

office,  shall  forthwith  be  lodged  in  the  said  police  c/ffice,  by 
the  chancellor,  judge,  mayor,  recorder,  special  justice  or  other 
magistrate  taking  the  same,  and  every  recognizance  for  the 
appearance  of  parties  of  witnesses  at  any  court  to  be  lield 
in  the  said  city,  and  every  examination  or  deposition  re- 
specting offences  charged  to  have  been  committed  in  the 
said  city,  taken  in  any  other  county,  shall  be  transmitted  by 


596  POLICE  OFFICE. 

•te?£^^**  ^'  ^^^  *^^  magistrate  taking  the  same  to  the  clerk,  to  be  lodged  In 
the  said  police  office,  and  as  often  as  any  recognizance  for 
the  appearance  of  parties  or  witnesses  at  any  court,  to  be 
held  in  any  other  county,  or  any  examination  or  deposition 
respecting  offences  charged  to  have  been  committed  in  any 
other  county,  shall  have  been  taken  or  lodged  in  the  said  po- 
lice office,  the  clerk  shall  transmit  the  same  to  the  clerks  of 
the  respective  counties ;  that  at  every  term  of  the  supreme 
court,  at  every  sessions  of  oyer  and  terminer  and  jail  de- 
livery and  of  the  peace,  to  be  held  in  the  said  city,  the  clerk 
of  the  said  police  office  shall  deliver  into  court  all  recogni- 
zances which  shall  then  be  in  the  said  police  office  for  the 
appearance  of  persons  at  the  said  courts  respectively,  to- 
gether with  all  examinations  and  depositions  which  shall 
then  be  in  the  said  police  office  respecting  offences  charged 
to  have  been  committed  in  the  said  city;  that  it  shall,  among 
other  things,  be  required  of  the  said  clerk  to  reduce  to  wri- 
ting all  examinations  and  depositions,  and  to  make  out  in 
due  form  all  recognizances,  and  all  warrants  and  other  pre- 
cepts which  shall  be  made,  taken,  or  issued  before  or  by  any 
magistrate  in  the  said  police  office,  and  generally  to  do 
and  perform  all  such  services  and  business  in  the  said  police 
office  as  shall  be  to  be  done  and  performed  in  writing,  and 
to-  do  and  perform  every  such  other  reasonable  services  and 
*,  business  relating  to  his  trust  as  shall  be  required  of  him  by 

the  magistrates  or  magistrate,  who  at  the  time  shall  be  and 
attend  in  the  said  police  office,  and  to  have  the  charge  and 
custody  of  all  recognizances,  examinations  and  depositions 
which  shall  have  been  taken  or  lodged  in  the  said  police 
office  until  the  same  shall  be  delivered  into  the  respective 
courts,  or  transmitted  to  the  respective  counties  as  the  case 
shall  be,  and  all  other  papers  in  the  said  police  office. 

Certified  copies  ^'  §  XXVI.  And  be  it  father  enacted,  That  it  any  recog- 
nizTncel"  [T%.  nizaucc  shall  be  taken  before  any  court  within  the  said  city 
office?  *"  "**'*  for  good  behaviour  or  keeping  the  peace,  a  certified  copy  of 
the  record  thereof,  taken  from  the  minutes,  forthwith  shall  be 
lodged  by  the  clerk  of  the  court  of  the  said  police  office  ;  and 
all  recognizances  from  persons  obtaining  licenses  or  permits 
to  retail  strong  or  spirituous  liquors  within  the  said  city,  in 
future  shall  be  lodged  in  the  said  police  office :  and  it  shall 
be  the  duty  of  the  said  special  justices,  at  all  times,  to  be 


POLICE  OFFICE.  597 

Tigilantly  observant  of  the  demeanor  oi'  the  several  persons 
bound  by  any  such  recognizance,  in  respect  to  the  matters 
for  which  thev  shall  be  so  respectively  bound:  and  if  at  any    Recognizance 

*'  1  •■  •^    wlicn  to    be    63- 

time  there  shall  appear  to  either  of  the  said  special  justices  treated  into  the 

,      ,  ,  ^  .  .  1  exchequer. 

probable  cause  for  supposmg  any  such  recognizance  to  have 
become  forfeited,  the  clerk  of  the  said  police  office  shall 
thereupon  estreat  such  recognizance  into  the  court  of  ex- 
chequer, unless  the  same  shall  have  been  taken  from  persons 
obtaining  licenses  or  permits  to  retail  strong  or  spirituous 
liquors  within  the  said  city;  and  if  such  recognizance  shall  when  to  be  de 
have  been  taken  from  any  person  obtaining  such  license  or  common  council, 
permit,  then  the  said  clerk  shall  deliver  such  recognizance  to 
the  common  council  of  the  said  city ;  and  in  each  case  the 
said  clerk  shall  deliver,  with  the  said  recognisance,  a  me- 
morandum in  writing  of  the  facts  from  which  such  pro- 
bable cause  shall  have  arisen,  and  of  the  names,  occupations 
and  places  of  abode  of  the  witnesses,  to  prove  such  facts. 

6.  §  XXVII.  And  be  it  farther  enacted^  That  there  shall    saiaiy  of  tho 
be  allowed  to  each  of  such  special  justices  a  salary  at  the 
rate  of  seven  hundred  and  fifty  dollars  per  annum,  together    ^"'^  '"^''^• 
with  such  fees  as  are  allowed  to  justices  of  the  peace.     And 
to  the  said  clerk  of  the  said  police  office,  a  salarv  at  the  rate  .^-^I'liy  of  the 

1  '  •  clerk. 

of  seven  hundred  and  fifty  dollars  per  annum,  together  with 
the  fees  herein  after  mentioned  :  but  this  provision  shall  not  Expenses  of  the 
be  deemed  to  prohibit  the  mayor,  aldermen  and  commonalty  frayed, 
of  the  said  city,  in  common  council  convened,  from  making 
such  further  and  additional  allowance  to  the  said  special  jus- 
tices and  clerk,  and  to  provide  for  the  further  expenses  of 
the  said  poHce  office  as  they  shall  judge  necessary  and  pro- 
per: and  the  whole  of  the  said  expenses,  comprehending  the 
said  salaries,  shall  be  deemed  a  part  of  and  shall  be  defrayed 
as  the  other  contingent  charges  of  the  said  city  and  connty. 


7.  §  XXVIII.  And  he  it  further  enacted,  That  it  shall  be 
lawful  for  the  clerk  of  the  police  in  the  city  of  New- York,  to 
receive  the  following  fees,  to  wit :  For  drawing  every  affi- 
davit, twelve  and  an  half  cents  ;  every  warrant,  six  and  one 
fourth  cents  ;  every  recognizance,  six  and  one  fourth  cents  ; 
every  warrant  or  summons  in  bastardy,  twelve  and  an  half 
cents  ;  drawing  every  order  in  bastardy,  twenty-five  cents  ; 
every  commitment,  six  and  one  fourth  cents  ;   every  dis- 


Clcrk'a  fees. 


598  POLICE  OFFICE. 

charge,  six  and  one  fourth  cents  :  drawing  acknowledgment 
of  satisfaction,  and  entering  ihe  same  on  minutes,  twenty- 
five  cents ;  taking  examination,  twelve  and  an  half  cents  ;  to 
be  paid  by  the  party  applying  for  such  services  :  but  nothing 
herein  contained  shall  extend  to  cases  of  felony. 

Special  justices       8.  §  XXIX.  And  he  it  further  enacted,.  m\^i  upon  the  death 

duty     rrspectinsi  "^  -  ^  ^ 

the  property  of  of  auv  pcrson  intcstatc,  not  leavinor  a  widow  or  next  of  kin 

certain   mtets-         c 

tates.  of  competent  age,  within  the  said  city,  to  take  upon  them- 

selves the  administration  of  the  goods,  chattels  and  credits  of 
such  intestate,  as  may  be  within  the  said  city,  it  shall  and  may 
be  lawful  for  the  said  special  justices,  or  either  of  them,  to 
take  such  measures  as  they,  or  either  of  them,  shall  think 
proper  lor  guarding  and  securing  the  property  and  effects  of 
such  intestate  from  embezzlement,  until  administration  thereof 
shall  be  granted  to  the  chamberlain  of  the  city  of  jVew- York, 
the  expenses  whereof  shall  be  paid  by  the  said  administrator, 
in  preference  to  any  debts  whatsoever,  aild  immediately  after 
the  funeral  charges  of  the  intestate  shall  be  discharged,  i 


Justices  when      ^'  §  XXX.  Aud  he  it  further  enacted,  That  it  shall  be  the 

c.nuu'fo?moi.i'!s",  duty  of  tlic  said  special  justices,  on  the  iirst  Monday  in  Janu- 

Sfmed^in  said  ary  and  July,  in  each  and  every  year,  to  account  upon  oath 

oflice.  before  the  mayor,  or  in  his  absence,  the  recorder  of  the  said 

city,  for  all  such  monies,  goods,  wares  and  merchandises,  as 

shall  then  be  remaining  unclaimed  in  the  said  police  otBce  ; 

and  immediately  thereafter  to  give  public  notice,   for  six 

.     weeks,  in  one  of  the  papers  printed  in  the  city  of  New* York, 

to  all  persons  interested  in,  or  claiming  the  said  property,  to 

make  proof  thereof  on  or  before  a  day  therein  to  be  nam.ed  : 

Provided,    That  if   any  goods,   wares   and    merchandises, 

which  are  of  a  perishable  nature,  shall  at  any  time  remain 

unclaimed  in  the  said  police  office,  it  shall  be  lawful  for  the 

said  special  justice^  to  sell  the  same,  at  such  time  and  after 

such  notice  as  to  them  shall  seem  proper. 

Upon  proof  of      10.  §  XXXI.  Aud  hc  it  fitrthcr  enacted,  Tliat  the  said  spc- 

pvopertv     to    re-      .         .         .  .  ^  .     „•  "  r       r  i      '  i   i  T 

store   "same   to  cial  justiccs,  II  satisiactory  proot  ot  property  sljall  be  made 

expenses.   '"       bcforc  them,  shall,  after  pa^^ment  of  all  expenses  incurred, 

immediately  cause  the  said  property,  proved  to  belong  to 

such  claimant  as  aforesaid,  to  be  delivered  over  to  him  or  his 

lawful  attornev. 


POLICE  OFFICE.  599 

11.  6  XXXII.  And  b3  it  further  enacted.  That  it  shall  be   unciaimod  pm- 

'  >'  '  perty  to  be  sold 

the  duty  of  the  said  special  justices  to  cause  all  property  ^^(,/"^„j  ^'Jo- 
remaining  unclaimed  after  said  notice,  (money  excepted)  to  ^^^fj.^^J'e;**^"^*'^ 
to  be  sold  at  public  auction  to  the  highest,  bidder.  And  it 
shall  also  be  their  duty  forthwith  to  pay  the  proceeds  of  such 
sale,  and  on  the  expiration  of  the  notice  aforesaid,  the  monies 
in  their  hands  into  the  city  treasury,  first  deducting  the 
charores  of  said  notice  and  sale. 


o 


12.  §  XXXIII.  And  he  it  further  enacted,  That  the  mayor  ^Sj^^^'t^^JtS 
of  the  said  city  shall,  from  time  to  time,  select  as  many  of  ^^^'^^^  °**='''- 
the  constables  and  marshals  thereof,  as  he  may  deem  requi- 
site for  police  officers,  whose  duty  it  shall  be  to  attend  daily 

at  the  said  police  office,  and  execute  the  commands  and  orders 
of  the  said  justices. 

13.  §  XXXIV.  And  be  it  further  enacted.  That  the  fund  so  pmceeds  of  saie« 
as  aforesaid  deposited  in  the  city  treasury-,  shall  be  applied  \^^txj  Tow  di's- 
to  compensate  the  said  police  officers  for  extraordinary  ser-  ^'"'^ 

vices  and  to  promote  the  detection  and  apprehension  of 
offenders,  the  accounts  for  which  shall  be  certified  by  the 
said  justices,  and  on  "being  approved  of  by  the  mayor,  shall 
be  paid  out  of  the  said  fund  on  a  warrant  being  directed  by 
the  common  council  for  that  purpose. 

14.  §  XXXV.  And  he  it  further  enacted,  That  it  shall  and    Assistant  cicrk 
may  be  lawful  for  the  said  special  justices,  with  the  appro-  ^^^^^^^^"""^  • 
bation  of  the  mayor,  to  employ  an  assistant  clerk  who  shall 

be  compensated  out  of  the  said  fund,  or  in  such  other  way  as 
the  common  council  shall  direct. 


15.  §  XXXVI.  And  he  it  further  enacted.  That  it  shall  be  spmai  justicps 
the  duty  of  the  said  special  justices,  and  they  are  hereby   auendance  of* 
authorized,  whenever  they  have  reason  to  suspect  that  any  tainc^. 
complaint  for  a  misdemeanor  is  unfounded,  to  compel  the 
attendance  of  witnesses,  in  order  to  examine  into  the  truth 

of  such  complaint ;  and  if  on  such  investigation  it  shall  ap- 
pear that  the  charge  is  not  supported,  it  shall  be  dismissed. 

16.  §  XXXVII.  And  he  it  further  enacted,' Th3.t  it  shall  be  watchmm  to 
the  duty  of  the  watchmen  of  the  said  city  to  obey  such  orders  of  thci'ustk4*'i^ 
and  directions  as  thev  shall,  from  time  to  time,  receive  from  "'''*'"  '^^^^' 


600  POLICE  OFFICE. 


PfOTiao. 


the  said  special  justices  relative  to  the  detection  and  appre- 
hension of  offenders  :  Provided,  That  such  orders  and  direc- 
tions shall  not  violate  the  ordinances  of  the  common  council 
for  regulating  the  watch  of  the  said  city. 

S"lopc^S"      1^-  §  XXXVIII.  And  he  it  further  enacted,  That  it  shall 
tamed  by  waicji.  |jg  ^^q  J^^y.  ^^  ^^^  gg^' j  JQstices,  or  one  of  them,  to  examine 

all  persons  apprehended  and  detained  in  custody  by  the 
night  watches  of  the  said  city,  and  to  make  such  order  there- 
on as  the. circumstances  of  each  case  and  justice  shall  re- 
quire, and  likewise  to  superintend  and  direct  the  discharge 
chir|e  watch^'^"  <^f  ths  Said  watch  every  morning  upon  the  conclusion  of  the 
service  of  the  night. 

And  whereas  disorderly  persons  committed  as  such  to  the 
bridewell  of  the  city  of  A'ew-York,  frequently  are  desirous 
to  be  discharged  upon  their  finding  surety  for  their  leaving 
the  state  and  not  returning  within  a  certain  given  time : 
Therefore, 
Disorderly  per-      18.  §  XXXiX.  Be  it  further  enacted,  That  it  shall   and 

sons     now    dis- 
charged on  bond  ii^ay  be   lawful  for  the  mayor  or  recorder,  or  either  of  the 

or  recognizance  •' 

special  justices  for  preserving  the  peace  in  the  city  of  A^ew- 
York,  to  discharge  any  such  disorderly  person,  on  his  or  her 
entering  into  a  bond  or  recognizance,  with  such  security  and 
to  such  an  amount  as  may  be  deemed  proper  (but  if  not 
thought  necessary,  may  be  dispensed  with)  to  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New-York,  conditioned 
that  such  disorderly  person  shall  leave  the  state  within  a  given 
time,  and  not  return  again  within  a  certain  given  time  to  be  , 
specified  in  such  bond  or  recognizance,  and  also  to  be  of  good 
behaviour  during  the  time  he  or  she  shall  remain  in  the  said 
city,  previous  to  his  or  her  leaving  the  same. 

Bonds  or  recop-      jg^  §  XL.  And  be  it  further  enacted.  That  all  such  bonds? 

nizances  entered  ^  "' 

into  by  such  per- Qj^.  i-ecofrnizanccs  entered  into  as  aforesaid,  shall  be  lodared 

sons,  where  to  be  ^^^^^^  s  ^ 

lodged.  jj^  ^jjg  office  of  the  clerk  of  the  said  city  of  New- York,  and 

on  a  breach  of  the  condition  thereof,  it  shall  be  lawful  to  sue 
and  recover  on  any  such  bond  or  recognizance  in  any  court 
having  cognizance  thereof. 

h!ve"^owers''a3      ^0.  §  XLI.  And  he   it  further  enacted,    That   the  special 
pe'Slf^'n^^oiher  justices  fpr  preserving  the  peace  in  the  city  of  New- York, 

counties. 


POLICE  OFFICE.  601 

and  each  of  them,  shall  have  and  exercise  the  like  powers 
in  the  said  city,  as  are  now  exercised  by  justices  of  the 
peace  in  the  different  counties  of  this  state  :  Provided,  That     Proviso, 
nothing  herein  contained  shall  be  construed  to  authorize  said 
justices  to  try  causes  for  the  recovery  of  debts. 

21.  §  XLII.  And  be  it  further  enacted,  That  the  said  spe-  of^spedauus"" 
cial  justices,  and  each  of  them,  shall  have  and  exercise  the  *^^^' 

like  powers  as  may  be  lawfully  exercised  out  of  the  sessions 
by  the  aldermen  of  the  said  city  in  relation  to  all  cases  of 
bastardy,  and  to  all  cases  respecting  apprentices,  servants 
and  vagrants  or  vagabonds,  arising  within  the  said  city,  and 
shall  also  have  power  to  take  recognizances  of  special  bail, 
and  to  administer  oaths  in  causes  depending  in  the  supreme 
court  of  this  state,  and  in  the  court  of  common  pleas,  called 
the  mayor's  court,  of  the  said  city,  and  to  take  affidavits  to 
be  read  in  the  said  courts. 

22.  §  XLIII.  And  he  it  further  enacted,  That  it  shall  be  Common  council 

"    •^       r     \  '  -i      •  r  •  ^"     direct   Uhen 

lawful  for  the  common  council  of  the  said  city,  from  time  to  and  where  police 

•^  .         office    shall     b« 

time,  to  direct  by  an  ordinance  or  ordinances,  the  keepmg  kept  open, 
open  of  the  said  police  olHce,  for  the  transaction  of  the  busi- 
ness thereof  at  all  or  at  such  times,  (Sundays  excepted)  and 
at  such  place  or  places  as  may  be  deemed  most  beneficial 
to  the  public.  And  it  shall  be  the  duty  of  the  special  jus- 
tices, and  all  the  officers  employed  in  the  police  office,  to 
obey  such  ordinances. 


CHAP.  LVIII. 

AN  ACT  providing  for  the  appointment  of  an  additional 
Special  Justice  for  preserving  the  Peace  in  the  City  of  New- 
York,  and  for  oilier  purposes. 

Passed  March  26,   1832    p.  107. 

The  People  of  the  State  of  Neiu-York,  represented  in  Senate 
and  Assembly,  do  enact  as  folloics  : 

23.  §  1.  It  shall  be  lawful  for  the  common  council  of  the  Additional  juk- 
city  of  New- York  to  appoint  an  additional  police  or  special  pointed, 
justice  for  preserving  the   peace  in  the  said  city:  so  that 
there  shall  be  in  all,  four  of  the  said  special  justices  in  the 
said  city:  and  such  additional  special  justice  shall  have  the 
like  powers,  and  perform  the  same  duties  as  are  now  by  law 

70 


603  POLICE  OFFICE. 

conferred  upon  or  required  from  the  special  justices  of  the 
city  of  New- York,  and  shall  receive  the  like  compensation. 


Office  to  be  north 
of  Grand-street. 


24.  §  2.  It  shall  be  lawful  for  the  said  common  council  to 
establish  an  office  as  a  branch  of  the  police  office  of  the  said 
city,  in  any  part  thereof  north  of  Grand-street,  and  the  same 
when  established  shall,  for  all  legal  purposes,  be  deemed  a 
police  office  of  the  said  city. 


Marshals*  25.  §  3.  The  number  of  marshals  in  the  city  of  New-York 

may  be  increased,  provided  the  whole  number  thereof  shall 
not  at  any  one  time  exceed  one  hundred. 


Who  deemed  va 
grant*. 


AN  ACT  relative  to  the  Powers  of  the  Common  Council  of 
the  City  of  New-York,  and  the  Police  and  Criminal  Courts 
of  the  said  City* 

Passed  January  23cl,  183,?. 

The  People  of  the  State  of  New-Yorli,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

26.  §  1.  All  persons  who,  being  habitual  drunkards,  are 
destitute  and  without  visible  means  of  support:  or  who, 
being  such  habitual  drunkards,  shall  abandon,  neglect,  or  re- 
fuse to  aid  in  the  support  of  their  families,  who  may  be  com- 
plained of  by  such  families  :  all  persons  who  shall  have  cour 
tracted  an  infectious  or  other  disease  in  the  practice  of 
drunkenness  or  debauchery  requiring  charitable  aid  to  restore 
them  to  health ;  all  common  prostitutes,  who  have  no  lawful 
employment  whereby  to  maintain  themselves  ;  all  able-bodied 
or  sturdy  beggars,  who  may  apply  for  alms  or  solicit  charity; 
all  persons  wandering  abroad,  lodging  in  watch-houses,  mar- 
ket-places, sheds,  stables,  or  uninhabited  buidings,  or  in  the 
open  air,  and  not  giving  a  good  account  of  themselves  ;  all 
persons  wandering  abroad  and  begging,  or  who  go  about  from 
door  to  door  or  place  themselves  in  the  streets,  highways, 
passages,  or  other  public  places,  to  beg  and  receive  alms 
within  the  said  city,  shall  be  deemed  vagrants. 


Duty  of  peace      27.  §  2.  It  shall  be  the  duty  of  every  constable  or  other 
aTionto^aVaVts"  officcr,  whenever  required  by  any  person,  to  carry,  convey 

*  This  act  has  been  received  from  the  office  of  the  secretary  of  state  at  Albany,  since  the 
preceding  matter  of  this  vokime  was  printed.  It  will  be  seen,  that  it  extends  the  power 
et  the  justices,  in  relation  to  disorderly  persons,  vagrants.  Sec. 


POLICE  OFFICE.  COS 

or  conduct  such  vagrant  before  the  mayor  or  recorder,  or 
one  of  the  aldermen  or  special  justices  of  the  said  city  for 
the  purpose  of  examination. 

28.  §  3.  If  any  such  magistrate's  be  satisfied  by  the  confession  Proceedings 

n     1  rr       ^  •  i  i  •     against  vagrant«. 

01  the  olicnder  on  competent  testimony  that  such  person  is 
a  vagrant  within  the  description  aforesaid,  he  shall  make  up 
and  sign  a  record  of  conviction  thereof,  which  shall  be  filed 
in  the  office  of  the  clerk  of  the  court  of  sessions  :  and  shall 
by  warrant  under  his  hand,  commit  such  vagrant,  if  not  a 
notorious  oflendcr  and  be  a  proper  object  for  such  relief,  to 
the  almshouse  of  the  said  city  for  any  time  not  exceeding 
six  months,  there  to  be  kept  at  hard  labor,  or  if  the  oficnder 
be  an  improper  person  to  be  sent  to  the  almshouse,  then  such 
person  shall  be  committed  for  the  like  time  to  the  peniteniary 
of  said  city. 

20.  §  4.  Any  person  who  shall  be  intoxicated  under  such  proceedings 
circumstances,  as  shall,  in  the  opinion  of  any  such  magistrate,  rmSafed''^''' 
amount  to  *a  violation  of  public  decency,  may  be  convicted 
of  such  offence  by  any  such  magistrate,  upon  competent  testi- 
mony, and  fined  for  such  offence  any  sum  not  exceeding  five 
dollars  ;  and  in  default  of  payment  of  such  fine  may  be  com- 
mitted to  prison  by  such  magistrate  until  the  same  be  paid : 
but  such  imprisonment  shall  not  exceed  five  days. 

30.  §  5.  Any  person  who  shall   drive  or   ride  any  horse  Penalty  for  riding 
Ihrough  any  street,  lane,  alley,  or  public  place  within  the  grnateVrpoed 

,  -,...,  .  r   -^T  ■\r      ^  •   i  i   than  five  milea 

lamp  district  in  the  city  oi  New- York,  with  greater  speed  an  hour. 
than  at  the  rate  of  five  miles  an  hour,  shall  be  deemed  guilty 
of  disorderly  conduct,  and  upon  conviction  thereof  by  any 
sr.ch  magistrate  cither  upon  the  confession  of  the  party  or 
competent  testimony,  may  be  fined  for  such  offence  any  sum 
not  exceeding  ten  dollars  ;  and  in  default  of  payment  of  such 
fine  may  be  committed  to  prison  by  such  magistrate  until  the 
same  be  paid ;  but  such  imprisonment  shall  not  exceed 
ten  days. 

31.  §  G.  In  all  cases  in  which,  by  the  provisions  of  titles  first     Rrcosni/.ance 
and  second  and  chapter  second  of  part  fourth  of  the  revised   klj^^jIXe  "^pence, 
statutes,  any  magistrate  in  tho  city  of  New- York  might  re- 
quire any  person  to  enter  into  a  recognizance  with  sufficient 


604  POLICE  OFFICE. 

surety  or  sureties,  to  appear  at  the  next  court  of  general 
sessions,  it  shall  be  lawful  for  any  such  magistrate  either  in 
addition  thereto  or  in  lieu  thereof,  to  require  any  such  person 
to  enter  into  a  recognizance  with  sufficient  surety  or  sureties 
to  keep  the  peace  to  the  people  of  this  state,  and  particularly 
to  any  person  requiring  such  security,  for  a  term  not  exceed- 
ing'twelve  months,  and  in  default  of  giving  such  recognizance 
with  sufficient  surety  or  sureties,  to  commit  such  person  until 
the  same  may  be  entered  into,  and  the  magistrate  who  may 
have  required  such  sureties  may  in  his  discretion,  at  any 
time,  discharge  the  same. 

Who  disorderly      32.  §  7.  All  Dcrsons  who  may  have  actually  abandoned 

persons.  i     •  •  i    i  i  i 

their  wives  or  children  in  the  city  of  New- York  without 
adequate  support,  or  in  danger  of  becoming  a  burden  upon 
the  public ;  or  who  may  neglect  to  provide  according  to 
their  means  for  their  wives  or  children,  are  hereby  declar- 
ed to  be  disorderly  persons  within  the  meaning  of  title  fifth 
of  chapter  twelfth  of  part  first  of  the  revised  statutes,  and 
may  be  proceeded  against  as  such  in  the  manner  directed 
by  the  said  title :  and  it  shall  be  the  duty  of  the  magistrate  be- 
fore whom  any  such  person  may  be  brought,  for  examina- 
tion, to  judge  and  determine  from  the  facts  and  circumstan- 
ces of  the  case,  whether  the  conduct  of  any  person  amounts 
to  such  desertion  or  neglect  to  provide  for  his  wife  or  chil- 
dren. 

Disorderly  con.  33.  §  8.  In  all  complaints  before  any  magistrate  in  the  city 
of  New- York,  for  disorderly  conduct,  it  shall  be  lawful  for 
such  magistrate,  if  in  his  opinion,  such  disorderly  conduct 
tends  to  a  breach  of  the  peace,  to  require  the  party  against 
whom  such  conduct  may  be  proved,  either  by  his  or  her  con- 
fession or  by  competent  testimony  to  give  sufficient  surety 
or  sureties  for  his  or  her  good  behaviour,  for  any  time  not 
exceeding  twelve  months,  and  the  magistrate  who  may  have 
required  such  surety  or  sureties,  may  in  his  discretion,  at  any 
time,  discharge  the  same. 

Power  of  special      34.  §  9.  The  Special  justices  for  preserving  the  peace  in 

justices  to  let  to  ^^^  ^-^^  ^^  Ncw-York,  shall  respectively  have  power  to  let 

to  bail,  in  ail  cases  where  a  judge  of  the  court  of  general 

sessions  in  the  said  city  is  authorized  by  law%  to  let  to  bail. 


POLICE  OFFICE.  605 

35.  §  10.  Ill  all  complaints  of  assault  and  battery  tried    power  of  the 
before  the  court  of  sessions  in  the  city  of  New- York,  the  in"'^rdaUoir*''iJ 
said  court  shall  have  power  in  its  discretion  to  order  the  '^^^^' 
complainant  to  pay  costs  incurred  by  reason  of  such  com- 
plaint, and  to  commit  such  complainant  to  custody  until  such 
costs  be  paid,  provided  they  shall  be  satisfied  that  such  com- 
plaint was  malicious  or  without  any  reasonable  or  probable 
cause,  and  provided  such  imprisonment  shall  not  exceed  two  ^ 

days. 

3G.  §  11.  If  any  person  convicted  of  an  offence,  punishable  in  relation  to 

1        •  •  '•  •  1      n   1  T       1  1-1  second  coMYic- 

by  imprisonment  m  a  state  prison,  shall  be  discharged  either  lions. 
upon  being  pardoned,  or  upon  the  expiration  of  his  sentence  ; 
and  shall  subsequently  be  convicted  in  the  said  city  of  New- 
York  of  petit  larceny,  or  of  an  attempt  to  commit  an  offence 
which,  if  committed,  would  be  punishable  by  imprisonment 
in  a  state  prison,  tlien  the  person  convicted  of  such  subse- 
quent offence  may  be  punished  by  imprisonment  in  the  peni- 
tentiary of  the  said  city,  or  in  a  state  prison,  in  the  discre- 
tion of  the  court  before  whom  such  subsequent  conviction 
shall  be  had,  for  a  term  not  exceeding  five  years. 

37.  §   12.  Every  person  havinn^  been  convicted  of  petit  ^^^'^'■•7<"onvir- 
■'  -^     i  o  ^  tion  ol  pent  lar- 

larceny,  or  of  an  attempt  to  commit  an  offence,  which  if  per-  "">'• 
petrated,  would  be  punishable  by  imprisonment  in  a  state 
prison,  and  having  been  pardoned,  or  otherwise  discharged, 
who  shall  subsequently  be  convicted  in  the  said  city  of  New- 
York  of  petit  larceny,  or  of  any  attempt  to  commit  an  of- 
fence, which  if  perpetrated  would  be  punishable  by  impri- 
sonment in  a  state  prison,  may  be  sentenced  by  the  court  be- 
fore whom  such  conviction  may  be  had  in  its  discretion,  to 
imprisonment  either  in  the  penitentiary  of  the  said  city  or 
in  a  state  prison,  for  a  term  not  exceeding  five  years. 

38.  §  13.  Whenever  a  conviction  shall  be  had  in  any  cri-  ponaity  for  bav- 
minal  court  in  the  city  of  New-York  of  any  person  for  buy-  Se "''  piopmy^ 
ing  or  receiving  any  personal  property  feloniously  stolen '*"^""'^'*''^* 
from  another,  knowing  the  same  to  have  been  stolen,  such 

person  may  be  sentenced,  in  the  discretion  of  the  court,  to 
imprisonment  in  the  penitentiary  of  the  said  city  for  the  same 
term  of  time  for  which  such  person  may  by  law  be  sentenc- 
ed to  imprisonment  in  a  state  prison. 


606 


POLICE  OFFICE. 


Powers  of  ilie 
common  council 
in  relation  to 
hawkers  and  ped- 
lers  of  food,  &.c. 


39.  §  14.  It  shall  be  lawful  ^for  the  mayor,  aldermen,  and 
commonalty  of  the  city  of  New- York,  in  common  council 
convened,  to  pass  such  ordinances,  from  time  to  time,  as 
they  may  deem  necessary  for  preventing  or  regulating  the 
sale  of  all  articles  of  food  by  hawkers,  pedlars,  petty  dealers, 
or  vagraLt  persons  ;  also  for  regulating  the  sale  by  measure 
or  weight,  or  otherwise,  of  all  kinds  of  fruit  and  vegetables 
within  the  said  city. 


in  relation  •'to      40.  §  15.  It  shall  be  lawful  for  the  mayor,'aldermen,  and 

dealers    in   old  •"  i 

iron,  brass, cop- commonalty  of  the  city  of  New- York,  in  common  council 
convened,  to  pass  such  ordinances  from  time  to  time  as  they 
may  deem  necessary  for  regulating  persons  dealing  in  old 
iron,  brass,  copper,  tin,  lead,  and  keeping  what  are  common- 
ly called  junk  shops  ;  and  it  shall  be  lawful  for  the  said  com- 
mon council  to  require  all  such  persons  to  obtain  licenses 
from  the  mayor  of  said  city,  on  the  recommendation  of  the 
special  justices,  for  such  dealing,  business,  or  calling,  and  to 
have  such  licenses  renewed  from  time  to  time  as  they  may 
direct,  and  to  pay  for  such  license  on  renewal  of  them,  such 
sum  as  they  may  by  ordinance  direct  to  be  applied  towards 
the  support  of  the  poor  of  the  said  city. 

Forfeiture  for  41.  §16.  Wliocver  shall  ofFcud  agaiust  the  Ordinances  that 
laTt smfons! ^^^'^  may  be  passed  in  pursuance  of  the  fourteenth  and  fifteenth 
sections  of  this  act,  shall  for  every  such  olfcnce  forfeit  a  sum 
not  exceeding  twenty-five  dollars,  to  the  use  of  the  poor  of 
said  city,  to  be  recovered  with  costs  by  the  said  mayor,  alder- 
men, and  commonalty  of  said  city,  in  any  court  having  juris- 
diction of  the  same. 


Common  council      42.  §  17.  It  shall  and  maybe  lawful  for  the  mayor,  alder- 

Sertoasccr-   ^leu,  and  commonalty  of  the  city  of  New  York,  in  common 

Mrtiis  and  to  re-    couucil  convcncd,  to  pass  such  ordinances  as  they  may  from 

guiaie  pawnbro-  ^-^^g  ^^  ^-j^g  dccni  ucccssary,  for  the  purpose  of  obtaining 

accurate  returns  of  the  number  of  births  occurring  in  the 

said  city,    and  to  regulate    and  control  pawnbrokers  and 

dealers  in  second-hand  articles,  in  the  exercise  of  their  trade 

or  business  :  Provided,  They  do  not  require  a  sum  exceeding 

five  hundred  dollars  for  a  license  ;  or  require  them  to  give 

security  in  a  sum  not  exceeding  ten  thousand  dollars,  and 

impose  not  greater  penalties  on  them  than  two  hundred  and 


POLICE  OFFICE. 

fifty  dollars  ;  and  also,  to  fix  and  establish  the  rate  of  interest 
that  shall  be  taken  on  anv  sum. 


607 


43.  §  18.  If  any  child  shall  be  found  in  a  state  of  want 
and  sufl^ering,  or  being  abandoned,  or  improperly  exposed  or 
neglected  by  their  parents,  or  such  other  person  as  may  have 
them  in  charge  ;  or  soliciting  charity  from  door  to  door,  or 
in  any  street,  highway  or  public  place  within  said  city,  the 
mayor  and  recorder,  or  any  two  aldermen,  or  two  special  jus- 
tices of  said  city,  shall  on  complaint  and  competent  proof 
thereof,  commit  such  child  to  the  almshouse,  or  to  such  other 
suitable  place  as  the  common  council  may  from  time  to  time 
establish  or  designate,  there  to  be  detained,  kept,  educated, 
employed,  and  instructed  in  such  proper  manner,  andatsuch 
suitable  labour  as  such  children  may  be  able  to  perform,  and 
as  will  have  a  tendency  to  fit  them  to  become  useful  citizens, 
until  discharged  therefrom  by  due  course  of  law,  or  by  the 
commissioners  of  the  almshouse  of  said  city,  or  until  bound 
out  by  said  comrpissioners ;  and  the  aforesaid  provisions 
shall  extend  to  the  children  of  all  such  persons  as  may  be 
convicted  of  being  common  prostitutes,  or  keepers  of  bawdy 
houses,  or  houses  for  the  resort  of  common  prostitutes. 


Powers  of  the 
common   council 
and  justices  in 
relation  to 
al)andoned 
cliildreu. 


44.  §  19.  The  special  justices  in  the  city  of  New  York,  sprciai  justices 

shall,  from  time  to  time  select  such  of  the  constables  or  mar-  Ses  an?mar- 

shals  of  the  said  city  as  they  may  deem  requisite  for  police  ^^''^'^' 
officers,  whose  duty  it  shall  be  to  attend  durin":  the  pleasure     i''o""eriy  the 

r     ^  .,.         .  1.,  ,  ,  ^  ^  ^  mayor  appointed 

ot  the  said  justices,  daily,  at  the  police  office,  and  execute  the  ^^'""-  seeNo.]2. 
commands  and  orders  of  the  said  justices. 


45.  §  20.  It  shall  be  lawful  for  the  mayor,  aldermen,  and     Powers  of  the 
commonalty  of  the  city  of  New  York,  in  common  council  frSronr"'" 
convened,  to  pass  such  ordinances  as  they  may  deem  neces-  ^^^f"^  vLtuM-' 
sary  for  the  regulating  and  licensing  of  keepers  of  ordinaries  i>"g  houses,  &c. 
or  victualling  houses,  or  where  fruit,  oysters,  clams,  liquors, 
or  meats  shall  be  sold  :  and  for  the  more  effectual  suppression 
of  vice   and  immorality,  and  the  preserving  of  peace  and 
good  order  in  said  city:  and  for  the  licensing  and  otherwise 
regulating  the  use  and  employment  of  dirt  carts  :  and  to  pre- 
vent or  regulate  the  firing  of  any  fire  arms,  or  the  firing  or 
setting  off  any  squibs,  gunpowder,  rockets,  or  fireworks,  in 
said  city. 


608  POLICE  OFFICE. 

finroSiu^aucS*'  ^6.  §  21.  And  all  persons  offending  against  such  ordinances 
shall  be  deemed  guilty  of  misdemeanor,  and  be  punished  on 
conviction  before  any  of  the  magistrates  described  in  the 
second  section  of  this  act  by  a  fine  not  exceeding  ten  dollars, 
or  in  default  of  the  payment  of  such  fine,  by  imprisonment : 
Provided,  Such  imprisonment  does  not  exceed  ten  days. 

of"^o°iice'office   '      ^^ '  ^  ^^'  '^^^^  mayor,  aldermen,  and  commonalty  of  the 
may  be  appoint    city  of  Ncw- York,  may  appoint  one  or  more  clerks  of  the 
police  office  for  the  said  city,  when  they  deem  it  expedient. 


Revised  Statutes,  Vol,  2,  />.  703. 
CHAP.  XL 

OF  PROCEEDINGS  IN  CRIMINAL  CASES. 

TiTLK  1  — Of  i)roceedings  to  prevent  the  commission  of  crimes. 

Title  '2. — Of  the  arrest  and  examination  ofoft'enders;  their  commitment  for  trial ;  and 
letting  them  to  bail. 

TiTI^E  I. 

OF   PROCEEDINGS  TO  PREVENT  THE  COMMISSION  OF  CRIMES, 

Sect  1.  Officers  enumerated,  who  are  authorized  to  keep  the  peace. 

2,  3,  4,  5.  Proceedings  to  compel  sureties  to  keep  the  peace. 

6.  How  person  committed  may  be  discharged. 

7.  Recognizances  how  to  be  disposed  of. 

8.  Cases  in  which  officers  and  courts  may  require  security  for  the  peace. 

9.  10.  Proceedings  at  sessions  on  the  recognizance. 
11.  When  recognizances  to  be  deemed  broken. 

]'3,  13.  Proceedings  in  action  on  recognizance. 

14.  Security  not  to  be  required  unless  authorizod  by  statute. 

Officers  to  keep      R  j^  The  followiuoj  uiamstratos  shall  have  power  to  cause 

the  peace.  ^  o         o  j 

to  be  kept,  all  laws  made  for  the  preservation  of  the  public 
peace ;  and  in  the  execution  of  that  power,  to  require  per- 
sons to  give  security  to  keep  the  peace,  in  the  manner  pro- 
vided in  this  Title,  namely :  The  chancellor ;  justices  of  the 
supreme  court ;  circuit  judges  ;  judges  of  the  superior  court 
of  law  of  the  city  and  county  of  New- York;  the  special  jus- 
tices and  assistant  justices  for  the  said  city  and  county; 
judges  of  county  courts  ;  mayors,  recorders  and  aldermen 
or  cities  ;  supreme  court  commissioners  ;  and  justices  of  the 
peace,  appointed  for  any  city  or  elected  in  any  town.  And  na 
other  magistrate  shall  have  authority  to  execute  the  powers 
conferred  or  treated  of  in  this  Tittle. 


POLICE  OFFICE.  eOD 

§  2.  Whenever  complaint  shall  be  made  in  writina^  and  upon  }Vhen  sureties  of 

'  I  en  r         tlie  peace  may  be 

oath,  to  any  such  magistrate,  that  any  person  has  threatened  ^txiuired 
to  commit  any  offence  against  the  person  or  property  ci* 
another,  it  shall  be  the  dutv  of  such  mac^istrates  to  examine  , 
such  complainant  and  any  witnesses  who  may  b^  produced, 
on  oath;  to  reduce  such  examination  to  writing,  and  to 
cause  the  same  to  be  subscribed  by  the  parties  so  exam- 
ined.(l) 


6  3.  If  it  shall  appear  from  such  examination,  that  there  is  vvhcn  warrant 

•'  ^  ^       ,  ''  to  issue. 

just  reason  to  fear  the  commission  of  any  such  offence  by 
the  person  complained  of,  it  shall  be  the  duty  of  the  magis- 
trate to  issue  a  warrant  under  his  hand,  with  or  without  seal, 
reciting  the  complaint,  and  commanding  the  officers  to  whom 
it  is  directed,  forthwith  to  apprehend  the  person  so  complain- 
ed of,  and  ])ring  him  before  such  n:iagistrate.(l) 

§4.  Upon  such  person  beincj  brousjht  before  the  mae'is-    Amount  and 

i  r  i^  o  o  o         terms  of  rccognl- 

trate,  he  may  be  required  to  enter  into  a  recognizance,  in  ^^•<^'-'- 
such  sum,~^not  exceeding  one  thousand  dollars,  as  such  ma- 
gistrate shall  direct,  with  one  or  more  sufficient  sureties,  to 
appear  at  the  next  court  of  general  sessions  to  be  held  in 
such  county,  and  not  to  depart  the  same  without  leave  ;  and 
in  the  mean  while  to  keep  the  peace  towards  the  people  of 
this  state,  and  particularly  towards  the  person  requiring  such 
security.  (1) 

§  5r,  If  such  reco2:nizance  shall  be  given,  tl>e  party  com-  J^schar^ped%'hcn 
plained  of,  shall  be  discharged.     If  such  person  shall  refuse  ^^  ^e  commuted, 
to  find  such  security,  it  shall  h&  the  duty  of  the  magistrate  to 
commit  him  to  prison,  until  he  shall  find  the  same,  specifying 
in  the  warrant,  the  cause  of  commiimcnt,  and  tlie  sum  in 
which  such  security  was  required. (1) 

§  6.  Any  person  committed  for  not  finding  sureties  of  tlie  ^ly^cSifieT" 
peace,  as  above  provided,  may  be  discliarged  by  any  two 
justices^  of  the  peace  of  the  county,  upon  giving  such  secu- 
rity as  was  originally  required  of  such  r^'r^o'. 

1     *;  K.  L.  p.  506,  section  \, 

77 


610 


POLICE  OFFICE. 


Recognizances  to 
be  filed,  &c. 


Wlien  officer, 
&c.  may  require 
sureties 


Proceedings  on 
recognizance. 


Ibid. 


§  7.  Every  recognizance  taken  pursuant  to  the  foregoing 
provisions,  shall  be  transmitted  by  the  magistrate  taking  the 
same,  to  the  next  court  of  general  sessions  of  the  county. 

§  8.  Every  person  who,  in  the  presence  of  any  magistrate 
above  specified,  or  in  the  presence  of  any  court  of  record, 
shall  make  any  affray,  or  threaten  to  kill  or  beat  another,  or 
to  commit  any  ofi'ence  against  his  person  or  property ;  and 
all  persons  who,  in  the  presence  of  such  magistrate  or  court, 
shall  contend  '^ith  hot  and  angry  words  ;  may  be  ordered  by 
such  magistrate  or  court,  without  any  other  proof,  to  give 
such  security  as  above  specified  ;  and  in  case  of  refusal  so 
to  do,  may  be  committed  in  like  manner  as  above  provided. 

§  9.  Every  person  who  shall  have  entered  into  a  recogni- 
zance to  keep  the  peace,  shall  appear  at  the  next  court  of  ge- 
neral sessions  held  in  the  county  ;  and  if  he  fail  to  appear,  the 
court  shall  forfeit  his  recognizance,  and  order  it  to  be  prose- 
cuted, unless  reasonable  excuse  for  his  default  be  given. 

§  10.  If  the  complaint  do  not  appear,  the  party  recognized 
shall  be  discharged,  unless  good  cause  be  shown  to  the  con- 
trary. If  the  respective  parties  appear,  the  court  shall  hear 
their  proofs  and  allegations,  and  may  either  discharge  the 
recognizance  taken ;  or  they  may  require  a  new  recogni- 
zance, as  the  circumstances  of  the  case  may  require,  for 
such  time  as  shall  appear  necessary,  not  exceeding  one  year. 


AVhen  deemed 
broken. 


§  11.  No  recognizance  to  keep  the  peace  shall  be  deemed 
to  be  broken,  except  in  the  case  provided  for  by  the  ninth 
section,  unless  the  principal  in  such  recognizance  be  convict- 
ed of  some  offence,  amounting  in  judgment  of  law  to  a  breach 
of  such  recognizance. 


Actio*  upon.  §  12.  Whenever  the  district  attorney  of  the  county  in 
which  such  recognizance  was  taken,  shall  produce  to  the 
court  in  which  such  recognizance  shall  be  filed,  evidence  of 
such  conviction,  it  shall  be  the  duty  of  sach  court  to  order 
the  recognizance  to  be  prosecuted ;  and  the  district  attorney 
shall  thereupon  commence  an  action  in  the  name  of  the  peo- 
ple of  this  state. 


POLICE  OFFICE.  611 

§  13.  In  such  action,  the  offence  stated  in  the  record  of    Declaring, 
conviction  shall  be  assigned  as  a  breach  of  the  condition  of 
such  recognizance  ;  and  such  record  shall  be  conclusive  evi- 
dence of  the  matters  therein  stated. 

§  14.  No  security  to  keep  the  peace,  or  to  be  of  good  be-  uS^TbroJated 
haviour,  shall  be  required,  nor  shall  any  person  be  commit- 
ted to  prison  for  not  giving  the  same,  in  any  case  except 
such  as  arc  prescribed  or  authorized  by  statute. 


TITL.E  II. 

OF    TUB    ARREST    AND    EXAMINATION    OF    OFFENDERS  :    THEIR 
COMMITMENT  FOR  TRIAL  ",    AND    LETTING  THEM  TO  BAIL. 

Sect.  1.  Officers  enumerated  who  arc  empowered  to  act  under  this  Title. 
2,  3.  Whtn  and  how  warrants  for  offences  to  be  issued. 

4.  Warrants  issued  by  certain  officers  may  be  executed  in  any  part  of  the  ataf^. 

5.  WJiat  warrants  to  be  endorsed,  by  whom,  when,  &.e. 

6.  Officers  endorsing  protected. 

7.  When  prisoner  may  require  to  be  brought  before  magistrate  of  same  county. 

8.  9.  Proceedings  of  magistrate  on  prisoner  being  brought  before  him. 
10, 11.  When  prisoner  to  be  carried  lo  county  where  warrant  was  issued. 
12.  Before  wliat  magistrate  prisoner  lo  be  brought,  ice. 

13, 14, 15, 16.  Manner  of  conducting  e.xamiaation 

17.  Examination  of  prisoner's  witnesses. 

18, 19.  Regulations  respecting  the  examination  of  witnesses. 

20.  When  magistrate  to  discharge  prisoner. 

21.  When  prosecutor  and  witnesses  to  he  bound  over  to  testify. 

22.  23,  24.  When  sureties  for  witnesses  may  be  required  and  how  compelled. 

25.  Prisoner  to  be  bailed  or  commiited. 

26,  27.  Returning  examinations,  &c.  to  court,  and  how  compelled. 

28.  Another  magistrate  may  be  associated. 

29.  Powers  of  officers  to  let  to  bail  in  different  cases. 

30.  31.  Pownr  of  oyer  ami  terminer,  and  general  sessions  to  let  to  bail. 
32, 33,  Recognizances  wjieu  to  be  filed. 

^  1.  The  followins^  persons  rcspcctivelv  shall  have  power  what  officers  to 

'-'   ^  ^  •  ^  act    under    this 

to  issue  process  for  the  apprehension  of  persons  charged  Title, 
with  any  offence,  and  to  execute  the  powers  and  duties  con- 
ferred in  this  Title,  namely:  the  chancellor  ;  justices  of  the 
supreme  court ;  judges  of  the  superior  court  of  law  of  the 
city  and  county  of  jVew-York ;  ciixnit  judges  ;  judges  of 
county  courts  ;  mayors,  recorders  and  aldermen  of  cities  ; 
supreme  court  commissioners ;  the  special  justices  and  the 
assistant  justices  in  the  city  of  New- York,  and  justices  of 
the  peace  appointed  for  any  city  or  elected  in  any  town,  and 
no  other  magistrate  shall  have  authority  to  execute  the 
powers  conferred  or  treated  of  in  thi^:  Title. 


012  POLICE  OFFICE. 

Duty  of  magis-      §  2.  Whenever  complaint  skall  be  made  to  any  such  ma- 

trate    on    com-     ,  •      •       i       rr-  i  •         i     •       i     n 

plaint.  gistrate,  that  a  crimmal  oncnce  has  been  committed,  it  shall 

be  the  duty  of  such  magistrate  to  examine  on  oath  the  com- 
plainant, and  any  witnesses  who  may  be  produced  by  him. 

\^rmius"'to^r      §  3-  If  it  shall  appear  from  such  examination,  that  any 
•  *"^'  criminal  offence  has  been  committed,  the  magistrate  shall 

issue  a  proper  warrant,  under  his  hand,  with  or  without  seal, 
reciting  the  accusation,  and  commanding  the  officer  to  whom 
it  shall  be  directed,  forthwith  to  take  the  person  accused  of 
having  committed  such  offence,  and  to  bring  him  before  such 
magistrate  to  be  dealt  with  according  to  law. 

riTn  ""thmughout  §  4.  Warrants  issued  by  either  of  the  officers  enumerated 
the  state.  -^^  ^^^  ^^,^^  scction  of  this  Title,  may  be  executed  in  any 
part  of  this  state,  except  such  as  are  issued  by  any  assistant 
justice  in  New- York,  or  by  any  aldermen  or  justice  of  the 
peace  ;  warrants  issued  by  any  such  assistant  justice,  alder- 
man or  justice  shall  not  be  executed  out  of  the  county  within 
which  they  are  officers,  unless  endorsed  in  the  manner  pre- 
scribed in  the  section  next  following. 

What  warrants      §  5.  Jf  the  Dcrson  ac^ainst  w  hom  any  warrant  granted  by 

to  be   endorsed,         ^  1  &  J  &  J 

*^c.  any  such  alderman  or  justice,  shall  be  issued,  shall  escape, 

or  be  in  any  other  county,  out  of  the  jurisdiction  of  such 
alderman  or  justice,  it  shall  be  the  duty  of  any  justice  of  the 
peace  or  other  magistrate  named  in  the  first  section  of  this 
Title,  within  tiie  county  where  such  offender  shall  be,  or 
shall  be  suspected  to  be,  upon  proof  of  the  hand  writing  of 
the  magistrate  issuing  the  warrant,  to  endorse  his  name  on 
the  same ;  and  thereupon  the  person  bringing  the  warrant, 
or  any  other  officer  to  whom  it  may  have  been  directed,  may 
arrest  the  offender  in  the  county  where  the  warrant  was 
endorsed.  (2) 


Officpr.s  endnrs 
ing  protected. 


§  6.  No  magistrate  shall  be  liable  to  any  indictment,  ac- 
tion of  trespass  or  other  action,  for  having  endorsed  any 
warrant  pursuant  to  the  provisions  of  the  last  section,  although 
it  should  afterv/ards  appear  that  such  warrant  was  illegally 
or  improperly  issued.  (2) 


(2)  1  R.  L.  p.  149,  section  2. 


POLICE  OFFICE.  613 

§  7.  If  the  offence  charged  in  the  warrant  be  not  punish-  tolc  bJoJghtX'^ 
able  with  death  or  by  imprisonment  in  a  state  prison,  and  if  ^^'^ '"as's"ate. 
the  person,  arrested  require  to  be  brought  before  the  justice 
of  the  county,  in  which  he  shall  have  been  arrested,  it  shall  be 
the  duty  of  the  officer  or  person  arresting  him,  to  carry  such 
prisoner  before  a  magistrate  of  such  county. 

§  8.  If  the  offence  charged  in  the  warrant  be  not  punish-  ^mag^isS.''^ 
able  with  death  or  by  imprisonment  in  a  state  prision,  such 
magistrate  may  take  from  the  person  so  arrested,  a  recogni- 
zance, with  sufficient  sureties,  for  his  appearance  at  the  next 
court  having  cognizance  of  the  offence,  to  be  held  in  the 
county  where  the  offence  shall  be  alleged  to  have  been 
committed. 

§9.  Such  magistrate  shall  certify  on  the  warrant,  the  ^"'• 
fact  of  his  having  let  the  defendant  to  bail,  and  to  deliver  the 
same,  together  with  the  recognizance  taken  by  him,  to  the 
officer  or  other  person  having  charge  of  the  prisoner,  w^ho 
shall  deliver  the  same  vv'ithout  unnecessary  delay,  to  the  clerk 
of  the  court  in  which  such  prisoner  shall  have  been  recog- 
nized t^  appear. 


§  10.  If  such  magistrate  refuse  to  let  to  bail  the  person  so 
arrested,  or  if  such  person  neglect  to  give  bail,  as  above 
provided,  the  officer  or  person  having  him  in  charge,  shall 
take  him  before  a  magistrate  of  the  county  in  which  the  war- 
rant was  originally  issued,  as  herein  after  provided. 

§  11.  If  the  offence  charged  in  the  warrant  be  punishable  ib. 


lb.  if  no  bail  be 
given. 


wlion  war- 

with  death  or  with  imprisonment  in  a  state  prison,  the  officer  ^^"^  ^"'' ''^'•""y- 
making  the  arrest,  shall  convey  the  prisoner  to  the  county 
where  the  warrant  was  originally  issued,  before  some  magis- 
trate thereof,  as  in  the  li'  xt  section  prescribed. 

§  12.  Persons  arrested  under  any  v/arrant  issued  for  any  Return  of  war 
offence,  shall,  where  no  provision  is-  otherwise  made,  be 
brought  before  the  magistrate  who  issued  the  warrant ;  or  if 
he  be  absent,  or  his  ollice  be  vacant,  before  the  nearest  ma- 
gistrate in  the  same  county ;  and  the  warrant  by^  virtue  of 
which  the  arrest  shall  have  been  made,  with  a  proper  return 


rant,  &c. 


r3l4  POLICE  OFFICE. 

endorsed  thereon,  and  signed  by  the  officer  or  person  making 
the  arrest,  shall  be  delivered  to  such  magistrate. 

Complainant,        §  13.  The  mamstratc  before  whom  anv  such  person  shall 

&c.  to  be  exa-  jo  ^  L 

mined.  ^q  brouglit,  shall  procccd  as  soon  as  may  be,  to  examine  the 

complainant  and  the  witnesses  produced  in  support  of  the 
prosecution,  on  oath,  in  the  presence  of  the  prisoner,  in  re- 
gard to  the  offence  charged,  and  in  regard  to  any  other  mat- 
ters connected  with  such  charge,  which  such  magistrate  may 
deem  pertinent. (3) 

/  '''Smned.'^  §  14.  The  magistrate  shall  then  proceed  to  examine  the 
prisoner  in  relation  to  the  offence  charged.  Such  examina- 
tion shall  not  be  on  oath ;  and  before  it  is  commenced,  the 
prisoner  shall  be  informed  of  the  charge  made  against  him, 
and  shall  be  allowed  a  reasonable  time  to  send  for  and  advise 
with  council.  If  desired  by  the  person  arrested,  his  counsel 
may  be  present  during  the  examination  of  the  complainant 
and  the  witnesses  on  the  part  of  the  prosecution,  and  during 
the  examination  of  the  prisoner.  (3) 

Caution  to  pri-        ^15.  At  the  Commencement  of  the  examination,  the  pri- 
soner, •*  A 

soner  shall  be  informed  by  the  magistrate  that  he  is  at  IFberty 
to  refuse  to  answer  any  question  that  may  be  put  to  him. (3) 

"eVrS^ic"  §  16.  The  answers  of  the  prisoner  to  the  severalinterrog- 
atories  shall  be  reduced  to  writinar  bv  the  ma2:istrate,  or  un- 
der  his  direction ;  they  shall  be  read  to  the  prisoner,  who 
may  correct  or  add  to  them;  and  when  made  conformable 
to  what  he  declares  is  the  truth,  shall  be  certified  and  signed 
by  the  magistrate.  (3) 


Prisoner's  wit- 
nesses. 


§  17.  After  the  examination  of  the  prisoner  is  completed, 
his  witnesses,  if  he  have  any,  shall  be  sworn  and  examined, 
and  he  may  have  the  assistance  of  counsel  in  such  examina- 
tion. 


Witnesses  how      ^  iQ.  The  wituesscs  produccd  ou  the   part  either  of  the 

to  be  examined  ^  1  ^ 

prisoner,  or  of  the  prosecution,  shall  not  be  present  at  the 
examination  of  the  prisoner;  and  while  any  witness  is  under 

(3)  2  R.  L  p.  507,  sPCtioH  2. 


POLICE  OFFICE.  G15 

examination,  the  magistrate  may  exclude  from  the  place  in 
which  such  examination  is  had,  all  witnesses  who  have  not 
been  examined ;  and  may  cause  the  witnesses  to  be  kept 
separate,  and  prevented'  from  conversing  with  each  other, 
until  they  shall  all  have  been  examined. 

§  19.  The  evidence  given  by  the  several  witnesses  exam-  TivruTen"  &^c.^* 
ined,  shall  be  reduced  to  writing  by  the  magistrate,  or  under 
his  direction,  and  shall  be  signed  by  the  witnesses  respec- 
tively. 

§  20.  If 'Upon  the  examination  of  the  whole  matter,  it  shall  ^J^di^rgeT 
appear  to  the  miicristrate  either  that  no  offence  has  been  com- 
mitted by  any  person,  or  that  there  is  no  probable  cause  for 
charging  the  prisoner   therewith,   he  shall  discharge   such 
prisoner. 


Recognizing  wit- 
nesses to  testify. 


Sureties  for  wit- 
nesses. 


§  21.  If  it  shall  appear  that  an  offence  has  been  committed, 
and  that  there  is  probable  cause  to  believe  the  prisoner  to  be 
guilty  thereof,  the  magistrate  shall  bind  by  recognizance  the 
prosecutor,  and  all  the  material  witnesses  against  such  pri- 
soner, to  appear  and  testify  at  the  next  court  having  cogni- 
zance of  the  offence,  and  in  which  the  prisoner  may  be  in- 
dicted. (4) 

§  22.  Whenever  such  magistrate  shall  be  satisfied  by  due 
proof,  that  there  is  good  reason  to  believe  that  any  such  wit- 
ness will  not  fulfil  the  conditions  of  such  recognizance,  un- 
less security  be  required,  he  may  order  such  witness  to  en- 
ter into  a  recognizance  with  such  sureties  as  he  shall  deem 
meet,  for  his  appearance  at  such  court. 

§  23.  Infants  and  married  women,  being  material  witnesses,        ibid, 
may  in  like  manner  be  required  to  procure  sureties  for  their 
appearance  at  such  court. 

§  24.  If  any  witness  so  required  to  enter  into  a  recogni-  iiow  compelled, 
zance,  either  without  or  with  sureties,  shall  refuse  to  comply 
with  such  order,  it  shall  be  the  duty  of  such  magistrate  to 
commit  him  to  prison,  until  he  shall  comply  with  such  order, 
or  be  otherwise  discharged  according  to  law. 

(4)  -2  R.  L.  p.  507,  sectioii  2. 


616  POLICE  OFFICE. 

^^''"'soi'ie^''  ^""  §  2^-  I^  the  ofFence  with  w^iich  the  prisoner  be  charged, 
be  bailable  by  a  justice  of  the  peace,  or  cin  alderman  of  a 
city,  and  the  prisoner  offer  sufficient  bail,  such  bail  may  be 
taken,  and  the  prisoner  discharged;  if  no  bail  be  offered,  or 
the  offender  be  not  bailable  by  a  justice  or  alderman,  the 
prisoner  shall  be  committed  to  prison,  except  in  cases  in 
which  a  court  of  special  sessions  shall  be  authorized  to  try 
such  prisoner,  as  provided  by  this  Title. 

Returning exa-       §  26.  All  examinations  and  recognizances,  taken  pursuant 

minatious,  &c.  .  nr\-  -i  i     n   i  • /-     i  i         i 

to  the  provisions  of  this  Title,  shall  be  certified  by  the  ma- 
gistrate taking  the  same,  to  the  court  at  which  the  witnesses 
are  bound  to  appear,  on  the  first  day  of  the  sitting  thereof. 

How  compelled.  §  27.  If  any  magistrate  shall  refuse  or  neglect  to  return 
to  the  proper  court,  any  such  examination  or  recognizance 
b}^  him  taken,  he  may  be  compelled  by  rule  of  cotirt,  forth- 
with to  return  the  same,  and  in  case  of  disobedience  of  such 
rule,  may  be  proceeded  agahist  by  attachment  as  for  a  com- 
tempt  of  court,  in  the  manner  provided  in  the  eighth  Chapter 
of  the  Third  Part  of  the  Revised  Statutes.    . 

Associating  an-      ^  28.  It  shall  bc  lawful  for  any  magistrate,  to  whom  any 

other  magistrate.  '  i  i      r  i 

complaint  may  be  made,  or  before  whom  any  prisoner  may 
be  brought,  as  herein  before  provided,  to  associate  with  him- 
self any  other  magistrate  of  the  same  county ;  and  the 
powers  and  duties  herein  mentioned,  may  be  executed  by 
such  two  magistrates  so  associated. 

i?edto7et*tobaijl  §  29.  Officers  before  whom  persons  charged  witlv  crime, 
shall  be  brought,  shall  have  power  to  let  to  bail,  as  follows : 

1.  The  chancellor,  a  justice  of  the  supreme  court,  a  circuit 
judge,  or  a  supreme  court  commissioner,  in  all  cases  : 

2.  A  judge  of  the  county  courts,  in  all  cases  triable  in  a 
court  of  general  sessions  : 

3.  A  justice  of  the  pea'ce  or  alderman  of  a  city,  and  in 
the  city  of  New- York,  a  special  jus-lice  or  an  assistant  jus- 
tice, in  all  cases  of  misdemeanor,  and  in  all  cases  of  felony 
where  the  imprisonment  in' the  state  prison  cannot  exceed 
five  years. 


POLICE  OFFICE.  617 

§  30.  The  court  of  oyer  and  terminer  held  in  any  county,   ^d^terminS' 
shall  have  power  to  let  to  bail  any  person  committed,  before 
indictment  found  upon  any  criminal  charge  whatever. 

§  31.  The  court  of  fi^eneral  sessions  of  anv  countv,  shall     ib.ofgenerai 

•"  o  .  .'  '  sessions. 

have  power  to  let  to  bail  persons  committed  to  the  prison  of 
such  county,  before  indictment  found,  for  any  ofFence  triable 
in  such  court. 

§  32.  Whenever  any  prisoner  shall  be  let  to  bail  by  any   ^"'"i,iJ^,"^"^' 
officer  out  of  court,  such  officer  shall  immediately  cause  the 
recognizance  taken  by  him  to  be  filed  with  the  clerk  of  the 
county,  in  which  the  party  bailed,  was  imprisoned. 

5  33.  Whenever  any  person  shall  be  let  to  bail  by  any  Jii'd. 
court,  other  than  that  in  which  the  offence  is  triable,  it  shall 
be  the  duty  of  the  clerk  of  the  court  by  which  the  prisoner 
was  bailed,  immediately  to  transmit  the  recognizance  taken 
by  such  court,  to  the  clerk  of  the  county  in  which  the  party 
bailed  was  imprisoned.* 

*  By  the  charter  of  the  city  (pagfcs  16,  13,  7D,)  the  aldermen  are  invested  with 
the  powers  of  justices  of  the  peace,  bolh  civil  and  criminal.  They  exercised  t-heso 
powers  under  llie  colonial  govcrcmient,  and  after  the  revolution  under  the  slate  go* 
vernment.  Part  of  the  duties  of  these  ofFicers  being  legislative;  and  the  rapid 
growth  of  (he  city  in  0])ulence' and  number  of  inhabitnnt*,  aiid  consequently  in  the 
multiplication  and  extension  of  crime;  increasing  their  duties  to  such  a  degree  as  to 
become  inconvenient,  it  was  judged  advisal)le  to  exempt  them  from  the  exercise  of 
the  ordinary  peace  powers  of  the  justices,  and  to  create  a  ncro  tribunal  for  the  ex- 
ercise of  those  powers,  and  the  performance  of  tho'«e  dulie?.  A  police  office  was 
created  and  two  special  justices  appointed  March  2,  17D8.  Laws  of  1793,  chap.  25, 
p.  282.  By  this  act,  the  chancellor,  judges  of  the  Supreme  Court,  ihe  mayor,  re- 
corder and  aldermen  of  the  city  are  made  conservators  of  the  peace,  and  may  act 
therein.  The  powers  and  duties  of  the  justices  and  clerk  are  given,  and  the  mode 
of  proceeding  is  pointed  out.  This  act  is  incorporated  in  the  revision  K.&  R.  vol.  2, 
p.  120,  with  some  additional  provisions. 

There  can  be  but  little  doubt  of  the  propriety  or  expediency  of  thif  or  a  similar  tribu- 
nal; atjeast  public  opmion  seems  to  be  in  its  favour,  it  having  remained  from  its  creation 
to  the  present  time  undisturbed  by  a  single  act  of  legislation  affecting  \is  general 
powers;  but  its  jurisdiction  has  been,  successively,  by  various  acts,  extended  to  em- 
brace a  greater  variety  of  sul  jects,  and  by  the  act  of  January  23,  1823,  powers  are 
conferred  upon  it,  not  possessed,  we  believe,  by  any  ?imdar  tribunal  in  our  country. 

Since  the  establishirient  of  the  police  office,  the  criminal  jurisdiction  of  oflences  in 
the  first  instance  has  been  exercised  by  the  justices,  in  a  single  offite  in  Ihe  City  Hall, 
till  within  a  recent  period.  It  was  found  inconvenient,  particularly  to  the  upper 
wards  of  the  city,  and  a  branch  was  authorized  to  be  Iocat(;d  notlh  of  Grand  sireet, 
a!id  19  now  in  operation.  It  may  be  doubtful,  however,  wlidher  the  present  organi- 
sation will  be  sufficient  lor  the  growing  war  ts  of  the  city.     In  ruost  of  the  cities  of 

78 


618  POLICE  OFFICE. 

Europe  the  regulations  of  police  require ^local  establishments  in  various  parts.  In 
London  there  are  at  least  twelve  police  offices  established  in  differtMit  sections  of  the 
city,  as  the  necessities  ofj_the  inhabitants  require.  The  principal  office  is  in  Bow  street, 
which  is  under  the  immediate  direction  and  controul  of  the  Secretary  of  the  Home 
#  Department.     There  are  offices  established  at  Queen's  square,  Westminster,  Malbo- 

rough  street,  Hatton  garden,  Worship  street,  Lambeth  street,  White  chapel,  High 
street  Shadwel',  Union  street,  in  the  borough.  An  office  at  Wapping,  for  the  port  of 
London,  and  also  a  floating  pohce  on  board  a  ship  moored  in  the  I'hames.  The  ad- 
vantage to  the  inhabitants  of  these  local  criminal  tribunals  canr)ot  be  doubted. 

Connected  with  the  police  of  our  city  is  (he  Almshouse,  Bridewell,  and  Peniten- 
tiary. They  deserve  the  serious  and  continued  attention  of  those  interested  in  the 
welfare  of  the  city. 

It  appears  by  the  Comptroller's  report,  that  the  public  expenditure  for  the  Alms- 
house, Bridewell,  and  Penitentiary  Establishment,  for  the  year,  amounts  to 
^139,484  45,  A  sum  much  too  large  for  the  population  of  the  city,  and  a  strong  ar- 
gument against  the  morals  of  a  large  portion  of  its  inhabitants.  These  subjects  of 
police  regulation  undoubtedly  require  the  supervision  of  the  authorities.  The  Comp- 
troller remarks,  that : 

**  The  rapid  increase,  and  present  magnitude  of  the  expenditures  for  the  Alms- 
house, Bridewell,  and  Penitentiary  Establishment,  seems  to  render  it  a  subject  woflhy 
of  the  minutest  investigation  in  all  its  detail?,  to  ascertain  whether  it  be  not  practica- 
ble to  make  some  improvement  in  tire  arrangement  thereof,  by  which  the  expenses 
may  be  reduced;  or  at  least  kept  within  their  present  extensive  amount.  As  intro- 
ductory thereto,  it  IS  respectfully  suggested  for  the  consideration  of  the  Common 
Councfl,  whether  it  would  not  be  conducive  to  the  end  proposed,  that  the  Establish- 
ments (for  thei-e  are  three  in  fact,)  should  be  separated,  each  governed  by  its  respec- 
tive head,  and  a  purveyor  appointed  for  the  whole  j  the  commissioners  retaining  a 
general  supervisory  authority  only. 

"  When  the  extent  of  supplies  required  for  so  large  a  concern  is  fully  considered 
it  can  hardly  be  doubted,  but  that  most  of  the  time  of  a  faithful  and  competent  man 
could  be  employed  beneficially  to  the  public,  in  obtaining  the  same,  either  by  con- 
tract or  purchase,  as  the  common  council  may  deem  it  proper  to  require;  however 
problematical  the  above  proposition  may  be,  as  to  the  pecuniary  result,  there  are 
some  advantages  which  the  comptroller  t'eels  persuaded  would  almost  necessarily  fol- 
low,— for  example ; 

♦'  The  head  of  each  establishment  would  thereby  be  enabled  to  give  his  whole 
time  and  attention  to  his  especial  charge;  he  would  be  enabled  better  to  enforce  his 
authority,  in  requiring  adherence  to  such  rules  as  might  be  established  for  the  whole- 
some regulation  of  his  department ;  and  consequently  could  be  mor"e  reasonably  held 
responsible  for  the  proper  management  of  the  establishment  committed  to  his  care  ; 
and  the  change  proposed  would  also  lead  to  a  separation  of  the  accounts  in  the  books 
of  the  comptroller's  office,  so  that  the  inquiries  of  members  of  the  common  council, 
and  the  public,  as  to  the  cost  of  supporting  (heir  pauper  and  criminal  establishments, 
respectively,  could  at  all  times  be  answered  without  a  reference  to  the  books  kept  at 
Bellevue,  or  waiting  for  the  quarterly  accopnts  of  the  superintendent. 

•«  And  again,  the  very  fact  of  these  establishments  being  connected  together  as  they 
are,  under  one  general  superintendent,  seems,  in  imagmation  at  least,  to  associate 
poverty  with  crime,  and  give  apparent  sanction  to  an  inference  of  so  close  an  approxi- 
mation as  to  render  their  connection  natural ;  a  sentiment  as  varient  from  the  truth, 
as  it  is  offensive  to  every  virtuous  mind  ;  it  is  therefore  conf^.dently  believed,  that  a 
division  of  those  establishments,  somewhat  in  accordance  with  the  suggestion  made, 
would  not  only  be  promotive  of  good  to  them,  but  would  also  better  accord  with  the 
moral  feelings  of  this  community  and  the  general  tender  regard  they  manifest  for  the 
really  unfortunate  of  their  fellow  beings." 

It  is  no  doubt  important  to  separate  paupers  from  the  criminals.  Not  only  for  the 
benefit  of  its  effects  upon  ihe}7i,  but  upon  (he  public  generally.  It  enters  intothe  jus- 
tice of  every  law  whatever,  that  the  several  grades  and  degrees  of  delinquency  shall 


POLICE  OFFICE.  619 

be  distinctly  marked,  and  the  true  character  of  the  act  appreciated,  and  punished  and 
levvarded  according  to  its  merit  or  demerit.  It  is  therefore  repulsive  to  the  feeiiags 
of  our  citizens,  that  pauperism  should  be  connected  with  a  penitentiary. 

With  respect  to  the  numbers  of  paupers  in  the  ci(y  of  New  York  it  is  difficult  to 
form  an  estimate.  The  returns  of  the  department  are  hereto  annexed.  By  the  re- 
turns it  will  be  perceived  thai  pauperism  is  increasing,  notwithstanding  the  efforts  that 
have  been  made,  and  are  still  making  to  lessen  the  evil. 

Begging. — It  seems  to  be  admitted  by  all,  that  street  begging  adds  to  the  evil  o 
pauperism  more  than  any  other  cause  whatever.  It  is  practised  in  the  southern 
states  of  Europe  and  partially  in  France,  but  is  nearly  banished  from  England  and 
Scotland,  which  countries  have  made  provision  by  statute  for  the  poor,  and  have  pro- 
hibited begging  by  penalties.  By  the  1st  section  of  the  actof  Jn.  23, 1833,  ante  p.  602, 
ample  power  is  given  to  arrest  this  growing  evil  in  our  city.  Every  peace-officer,  when 
required  by  any  person,  is  obliged  to  arrest  and  carry  to  the  police,  persons  who  go 
about  from  door  to  door,  or  place  themselves  in  the  streets,  highways,  passagesi  or 
other  public  places,  to  beg  or  receive  alms.  It  is  a  wholesome  law  which  we  hope  to 
see  strictly  executed. 

Edi'cation. — It  seems  to  be  admitted  by  all  the  writers  and  legislators  upon  the 
subject  of  pauperism,  that  its  best  antidote  is  a  proper  attention  to  the  education  and 
instruction  of  the  lower  cFasses.  7'h6  great  mass  of  the  inmates  of  our  almshouse  are 
as  remarkable  for  their  ignorance  as  their  vices.  We  cannot  but  heartil}'  respond  to 
the  sentiments  of  those  men,  who  have  pressed  upon  public  attention  and  sympathy, 
the  absolute  necessity  of  the  attention  of  common  schools,  and  means  of  instruction, 
that  they  may  be  brought  within  the  reach  of  the  poorest  family  among  us. 

Employment. —  Another  cause  of  the  prevalence  of  mendicity,  is  the  want  of  em- 
ployment. There  is  a  period  of  the  year  in  a  commercial  city  when  it  cannot  be 
had,  to  the  extent  required,  and  when  more  or  less  suflering  must  inevitably  be  felt 
among  the  extreme  poor.  Relief  to  these  must  therefore  be  given,  but  in  what 
way,  or  to  what  extent,  has  puzzled  those  who  have  thought  themselves  the  most  fa- 
miliar with  the  subject.  Doubtless  that  charity  which  affords  employment  is  the  best. 
Alms  in  money,  or  even  the  necessaries  of  life  ought  not  to  be  given,  in  preference 
to  the  former.  All  obstacles  to  a  full  and  complete  employment,  ought  if  possible,  fo 
be  removed,  and  habits  of  industry  and  economy  should  be  inculcated  and  encou- 
raged. 


620 


POLICE-OFFICE. 


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POLICE  OFFICE. 


621 


STATEMENT,  No.  2. 

Shoioing  the  number  of  Foreign  Poor  received  into  the  Alms 
House  since  the  year  1826;  the  number  that  have  died,  been  dis- 
charged and  remaining  in  the  house  at  the  end  of  each  year  ; 
and  showing  also  the  amount  received  annually  from  Bonded 
Passengers,  and  as  Commutation  from  Masters  and  Owners  of 
Vessels  since  the  year  181  6. 


Whole 

No.  of 

Re- 

No.  of 

fbreiTi 

No.  for 

main- 

for- 

Total receiv- 

Date. 

ers  ad- 
mitted 

eigneis 
died  in 

in??    at 
tile  end 

eigners 
dis- 

Date. 

Amount  re- 
ceived I'rom 

Amount  re- 
ceived as 

ed  from  bond  - 
ed  and  com- 

in Aim 

A.  II. 

of each 

charg- 

passengers. 

commutation 

muted. 

House. 

year. 
6l2 

ed. 

1826 

1159 

154 

393 

181.6 

166  85 

1827 

1258 

183 

855 

832 

1817 

718  81 

18281429 

243 

975 

1067 

1818 

1491   60 

255  00 

1746  60 

1829jl3O0 

196 

844 

1235 

1819 

1183  07 

3632  00 

4815  07 

1830  1262 

162 

968 

976 

1820 

288  2] 

9631  00 

9919  21 

1831 1393 

158 

1049 

1154 

1821 

1097  94 

1260  00 

2357  94 

1822 

375  90 

1785  00 

2160  90 

1823 

622  43 

790  00 

1412  43 

1824 

1454  16 

685  00 

2139  G6 

1825 

815  50 

1995  06 

1816  50 

1826 

1526   55 

320  00 

1846  55 

c- 

1827 
1828 
1829 
1830 
1831 

3124  37 
4245   70 
2374  31 
3685   45 
3117   50 

1589  00 
10460  00 
12333  00 
14906  00 
20030  00 

4603  37 
14705  70 
14707  31 
18586  45 
23147  50 

Showing  the  whole 
commencing  the 
December,  1731 


STATEMENT,  No.  3. 
number  of  Commitments   to   the   Penitentiary 
ISth  day  of  31  ay,  1816,  and  ending  the   31st 


Date. 

Males. 

Females- 

Total. 

For- 
eign 

M..les. 

Foreign 
Females 

Total 
of  For 
eign'ra 

1816 

200 

137 

337 

1817 

391 

286 

678 

1818 

255 

351 

606 

1819 

437 

.260 

697 

1820 

379 

28? 

606 

1821 

332 

255 

587 

1822 

351 

246 

597 

1823 

397 

281 

678 

1824 

383 

262 

645 

1825 

315 

338 

653 

1826 

408 

360 

768 

1827- 

426 

256 

682 

149 

57 

186 

1828 

d74 

341 

915 

186 

34 

220 

1829 

563 

438 

1011 

163 

62 

225 

1830 

714 

768 

1482 

165 

121 

286 

1831 

719 

629 

1348 

217 

123 

340 

622 


POOR. 


STATEMENT,  No.  4. 
Showing  the  number  of  Patients  and  Lunatics  admitted  into  the 
Hospittfl  at  Bellevue  since  its  establishment,  up  to  December  31,' 
1831.     Shoiving  also  the  iiumber  who  have  died^  been  discharged 
and  remaining  in  the  Hospital. 


Date. 

No.  of 
sick 
lecd. 

Died. 

Dis- 
charg- 
ed. 

Re- 
main- 
ing. 

No.  lu- 
natics 
roc'd. 

Died. 

1 

cliarg- 
ed. 

12 

Re- 
main- 
•  ing. 

1826 

309 

38 

134 

137 

102 

89 

1827 

1183 

251 

773 

159 

179 

3Q 

59 

84 

1828 

1285 

315 

786 

184 

159 

30 

47 

82 

1829 

99S 

244 

568 

181 

143 

19 

31 

93 

1830 

1087 

252 

779 

239 

143 

25 

111 

100 

1S31 

1093 

282 

830 

220 

174 

32 

160 

82 

POOR. 

Revised  Statutes,  Vol.  1,  ^9.  616. 
TITI.E  I. 

OF  THE  RELIEF  AND  SUPPORT  OF  INDIGENT  PERSONS. 


Sect.  1. 
2. 
3. 
4. 
5. 
C. 
7. 


Certain  relatives  of  a  pauper  being  able,  bound  to  support  him. 

Upon  their  failure,  overseers  to  apply  to  general  sessions ;  previous  notice,  &c. 

Court  to  determine  which  relatives  shall  support  pauper,  and  the  sum  to  be  paid. 

And  how  to  contribute  in  proportion  to  ability. 

Order  may  be  for  certain  time,  or  indefTnite,  and  may  be  varied. 

Costs  ;  payment  of  and  obedience  to  order,  how  enforced. 

Relatives  disobeying  order,  liable  to  action  by  overseer.?: 

Cases  in  which  property  of  father,  &c.  absconding  may  be  seized. 

Effect  of  warrant  of  seizure  ;  overseers  to  return  inventory,  &c. 

Powers  of  general  sessions  thereupon.  • 

In  what  cases  warrant  may  be  discharged  by  two  justices.  ^ 

Powers  and  duties  of  overseers  respecting  property  seized. 

Authority  of  county  superintendents  in  counties  where  poor  are  county  charge. 

Who  shall  be  relieved  as  poor  persons. 

County  superintendents  of  the  poor  to  be  appointed  ;  oath,  compensation,  &c. 

To  be  a  corporation  ;  their  powers  and  duties  enumerated. 

County  poor  houses  may  be  erected ;  expense  limited  ;  how  collected. 

Superintendents  of  county  poor-houses  to  be  county  superintendents  of  the  poor. 

In  certain  counties  excise  money  to  be  paid  to  county  treasurers. 

Also  monies  collected  from  relatives  of  paupers  ;  penalties.  &ic. 

When  all  paupers  made  a  county  charge,  notice  to  be  given,  &c. 

Application  of  excise  money  and  penalties  Tn  other  counties. 

In  Warren,  Washington,  Saratoga,  and  Genesee,  poor  to  be  a  county  charge. 

In  all  other  counties  supervisors  may  declare  poor  a  county  charge. 

Copy  of  resolution  to  be  served  on  clerks  of  cities,  towns,  and  villages. 

In  such  case  excise  money  and  penalties  to  be  paid  to  county  treasurer. 

Payment  enforced  by  suit  by  county  treasurer. 

In  other  counties  than  those  before  specified,  poor  to  be  supported. 

Settlements  how  gained.     Minors  how  to  gain  settlement. 

Certain  residences  not  to  give  settlement. 

Paupers  not  to  be  removed  ;  how  supported. 

33.  Proreedings  to  determine  in  what  town  pauper  is  .settled  ;  costs  I  hereof. 


POOR TO  BE  SUPrORTED  BY  llELiiTIVES.  t523 

34.  Town  chargeable  with  pauper  to  support  him  ;  liovv  compelled. 

35.  County  pauper.',  proceecliiij.'s  to  ascertain  who  are  such. 
36, 37.  Proceedings  where  there  are  no  county  poor-houses. 

38.  Decisions  of  superintendents  how  to  be  entered  and  filed ;  their  effect. 

39.  Provisions  for  relief  to  paupers  in  counties  where  there  are  poor-houses. 

40.  Expense  of  removal  and  temporary  support,  how  allowed  and  paid. 

41.  Paupers  sent  to  county  poor-liousc,  how  supported;  when  discharged. 

42.  Proceedings  when  pauper  cannot  be  removed  to  county  poor-house. 

43.  44,  Relief  Irow  afforded  to  paupers  in  counties  not  having  poor-houses. 
4.5.  If  pauper  has  no  legal  settlement  in  the  county,  notice  to  be  given,  &c. 

46.  County  poor  how  supported  in  counties  not  having  poor-houses. 

47.  County  treasurer  to  keep  accounts  with  towns  liable  to  support  their  poor. 

48.  Superintendents  to  state  charges  against  such  towns  for  the  support  of  their  poor. 

49.  Accounts  to  be  laid  before  supervisors  ;  balances  against  towns  how  collected. 

50.  Sums  necessary  to  support  county  poor,  how  raised  and  kept. 

51.  Accounts  to  be  kept  by  overseers  of  the  poor  in  counties  not  having  poor-houses. 
o2.  When  to  be  submitted  to  town  auditors  ;  how  audited  and  settled. 

53.  Penalty  for  neglect  to  present  books  and  render  accounts; 

54.  Overseers'  accounts  and  estimates  to  be  exhibited  at  town  meeting. 

55.  Money  for  support  of  town  poor,  how  ascertained,  raised,  and  to  whom  to  be  paid. 

56.  Accounts  in  certain  cities  to  whom  exhibited  ;  monies  how  raised. 

57.  Accounts  of  overseers  and  justices,  for  services,  how  audited  and  paid. 

58.  Penalty  for  removing,  &c.  paupers,  with  intent  to  charge  any  city,  town  or  county. 

5'J.  Pauper  removed,  how  supported  ;  notice  of  removal,  &c.  to  be  given.  « 

60.  Officers  receiving  notice,  to  take  pauper,  or  deny  their  liability. 

61.  Consequence  of  neglect. 

62.  Upon  denial  being  made,  suit  to  be  brought;  conseque»cc  of  neglect. 

63.  Penalty  on  superintendents  for  neglect  to  render  accounts  or  pay  over  monies. 

65.  Penalties  when  collected,  how  to  be  applied ;  to  whom  to  be  paid. 

66.  Duty  of  overseers  to  prosecute  for  penalties  directed  to  be  collected  by  them. 

67.  68,  69.  Allowance  for  costs  and  daily  pay  for  attending  to  suits. 

70.  Paupers  now  maintained  by  a  county  or  several  towns,  to  continue. 

71.  Town  poor  liouses  erected  by  one  or  more  towns,  may  be  continued. 

72.  Poor-houses,  &c.  exempt  from  taxes  ;  keepers  exempt  from  nailitia  service,  &,c. 

73.  Provision  for  support  of  idiots  and  lunatics  out  of  county  poor-house. 

74.  Application  of  poor  monies  of  any  town  that  are  invested. 

75.  County  superintendents  to  report  annually  to  secretary  of  state. 

76.  Supervisors  of  towns  supporting  their  own  poor,  to  report  to  clerk  of  supervisors. 

77.  Clerk  of  supervisors  to  del  ivcr  abstracts  of  reports  to  superintendents. 

78.  Penalty  for  neglect  to  report,  and  for  false  report ;  how  collected. 

79.  Secretary  of  state  to  lay  alislract  of  reports  before  the  legislature.  ' 

§  1.  The  father,  mother,  and  children,  who  arc  of  suffi-  pauper.s  to  be 
cient  ability,  of  any  poor  person  who  is  bhnd,  old,  lame,  im-  fatE'''^  ^^  '^' 
potent  or  decrepit,  so  as  to  be  unable  by  work  to  main- 
tain hiniself,  shall,  at  their  own  charge,  relieve  and  main- 
tain such  poor  person,  in  such  manner  as  shall  be  approved 
by  the  overseers  of  the  poor  of  the  town  where  such  poor 
person  may  be.  (1) 

§  2.  Upon  any  failure  of  any  such  relative  so  to  relieve  and  ^^^  compelled. 
maintain  any  such  poor  person,  it  shall  be  the  duty  of  the 
overseers  of  the  poor  of  the  town  where  such  poor  person 
may  be,  to  apply  to   the  court  of  general  sessions  of  the 
peace  of  the  county  where  such  relative  may  dwell,  for  an 

;l)  1  R.  L.  388,  <^2l ;  Laws  of  1821,  p.  114,  ^  I. 


624  POOR SUITS  BY  OVERSEERS,  <feC. 

order  to  compel  such  relief;  of  which  application,  at  least 
fourteen  days'  notice,  in  writing,  shall  be  given,  by  serving 
the  same  personally,  or  by  leaving  the  same  at  the  last  place 
of  dwelling  of  the  individual  to  whom  the  same  may  be  di- 
rected, in  case  of  his  absence  therefrom,  with  some  person  of 
mature  age.  (1) 

Powers  of  court,  §  3.  The  court  to  which  the  said  application  may  be  made, 
shall  proceed  in  a  summary  way  to  hear  the  allegations  and 
proofs  of  the  parties,  and  shall  order  such  of  the  relatives 
aforesaid  of  such  poor  person  as  appear  to  be  of  sufficient 
ability,  to  relieve  and  maintain  such  person,  and'shall  therein 
specify  the  sum  w^hich  will  be  sufficient  for  the  support  of 
such  poor  person,  to  be  paid  weekly.  And  the  said  court 
shall  therein  direct  the  relative  or  relatives,  who  shall  per- 
form that  duty,  in  the  following  order :  The  father  shall  be 
first  required  to  maintain  such  poor  person ;  if  there  be  none, 
or  he  be  not  of  sufficient  ability,  then  the  children  of  such 
poor  person :  if  there  be  none,  or  they  be  not  of  sufficient 
ability,  then  the  mother.  (1) 

lb.  Proportions.  §  4.  If  it  shall  appear  that  any  such  relative  is  unable 
wholly  to  maintain  such  poor  person,  but  is  able  to  con- 
tribute towards  his  support,  the  court  may,  in  its  discretion, 
direct  two  or  more  relatives,  of  different  degrees,  to  main- 
tain such  poor  person,  and  shall  prescribe  the  proportion 
which  each  shall  contribute  for  that  purpose  ;  and  if  it  shall 
appear  that  the  relatives  liable  as  aforesaid,  are  not  of  suffi- 
cient ability  wholly  to  maintain  such  poor  person,  but  are 
able  to  contribute  something,  the  court  shall  direct  the  sum, 
in  proportion  to  their  ability,  which  such  relatives  shall  pay 
weekly  for  that  purpose. 


Order  of  court. 


§  5.  Such  order  may  specify  the  time  during  which  the 
relatives  aforesaid  shall  maintain  such  poor  person,  or  dur- 
ing which  any  of  the  said  sums  so  directed  by  the  court 
shall  be  paid,  or  it  may  be  indefinite,  and  until  the  further 
order  of  the  court.  The  court  may  from  time  to  time,  vary 
such  order  whenever  circumstances  shall  require  it,  on  the 
application,  either  of  any  relative  affected  thereby,  or  of  any 

a)  1  R.  L.  '288,  §  21 ;  Laws  of  1821,  p'llH,  $  4. 


POOR SUITS  BY  OVERSEERS,  <liC.  625 

overseers  of  the  poor  of  the  town,  upon  fourteen  days'  notice 
being  given. 

§  0.  The  costs  and  expenses  of  such  application  shall  be  ^^^^1^^^^' 
ascertained  by  the  court,  and  paid  by  the  relatives  against 
whom  any  order  may  be  made ;  and  the  payment  thereof, 
and  obedience  to  the  order  of  maintenance,  and  to  any  order 
for  the  payment  of  money,  may  be  enforced  by  process  of 
attachment. 

§  7.  If  any  relative  who  shall  have  been  required,  by  such  ^"''^eJ-"/^*'' 
order,  to  relieve  or  maintain  any  poor  person,  shall  neglect 
to  do  so,  in  such  manner  as  shall  be  approved  by  the  over- 
seers of  the  poor  of  the  town  v/here  such  poor  person  may 
be,  and  shall  neglect  to  pay  to  such  overseers  weekly  the  sum 
prescribe^l  by  the  court  for  the  support  of  such  poor  person, 
the  said  overseers  may  maintain  an  action,  as  for  monies 
had  and  received,  against  such  relative,  and  shall  recover 
therein  the  sum  so  prescribed  by  the  said  court  for  every 
week  the  said  order  shall  have  been  disobeyed,  up  to  the 
time  of  such  recovery,  with  costs  of  suit,  for  the  use  of  the 
poor.  (2) 

§8.  Whenever  the  father,  or  mother  being  a  widow  or  Father,  &c.  «i>. 
living  separate  from  her  husband,-  shall  abscond  from  their 
children,  or  a  husband  from  his  wife,  leaving  any  of  them 
chargeable  or  likely  to  become  chargeable  upon  the  public 
for  their  support,  the  overseers  of  t!ie  poor  of  the  town  where 
such  wife  or  children  may  be,  may  apply  to  any  two  justices 
of  the  peace  of  any  county  in  v/hich  any  estate,  real  or 
personal,  of  the  said  father,  mother,  or  husband,  may  be 
situated,  for  a  v/arrant  to  seize  the  same.  Upon  due  proof 
of  the  facts  aforesaid,  the  said  justices  shall  issue  their  war- 
ranty authorizing  the  said  overseers  to  take  and  seize  the 
goods,  chattels,  erfects,  things  in  action,  and  the  lands  and 
tenements  of  the  person  so  absconding. (3) 

§  9.  By  virtue  of  such  warrant,  the  said  overseers  may  Ejiect  of  warrant 
seize  and  take  the  said  property,  wherever  the  same  may  be 
found,  in  thc^  same  county  ;  and  shall  be  vested  with  all  the 

..',    I  K.  I^  'iyi?,  <")  -M  :  T.aws  of  1??I.  p.  11 1,  v  ♦  (3)  ^  ^-  I-  ^^.S.  ^  ^.i 

71} 


OSd  POOR— o 


VERSEERS  MAY  SELL  PROPERTY. 


right  znd  title  to  the  said  property,  which  the  person  so  ab- 
sconding had,  at  the  time  of  his  or  her  departure.  All  sales 
and  transfers  of  any  personal  property  left  in  the  county 
from  which  such  person  absconded,  made  by  him,  after  the 
issuing  of  such  warrant,  whether  in  payment  of  an  antece- 
dent debt,  or  for  a  new  consideration,  shall  be  absolutely 
''"^r"'  ^^^^'  The  overseers  shall  immediately  make  an  inventor}' 
of  the  property  so  seized  by  them,  and  return  the  same,  to- 
gether with  their  proceedings,  to  the  next  court  of  general 
sessions  of  the  peace  of  the  county  where  such  overseers 
reside,  there  to  be  filed.  (4) 

g<ne»is^Mion.  §  10.  The  Said  court,  upon  inquiring  into  the  facts  and 
circumstances  of  the  case,  may  confirm  the  said  wan-ant  and 
seizure,  or  may  discharge  the  same  ;  and  if  the  same  be  con- 
firmed, shall,  from  time  to  time,  direct  what  part  of  the  per- 
sonal property  shall  be  sold,  and  how  much  of  the  proceeds 
of  such  sale,  and  of  the  rents  and  profits  of  the  real  estate, 
if  any,  shall  be  apphed  towards  the  maintenance  of  the  chil- 
dren or  w^ife  of  the  person  so  absconding. (4) 

Warrant  when       §  11.  If  the  partv  against  whom  such  warrant  shall  issue. 

jasuce  may  di»  ,.,  ,.,  , 

«i»arg«.  return  and  support  the  w^ife  or  children  so  abandoned,  or 

give  security  satisfactory'  to  any  two  justices  of  tlie  town,  to 
the  overseers  of  the  poor  of  the  town,  that  the  w^ife  or  chil- 
dren so  abandoned  shall  hot  become,  or  thereafter  be,  charge- 
able to  the  town  or  county,  then  such  warrant  shall  be  dis- 
charged, by  an  order  of  such  justices,and  the  property  taken 
by  virtue  thereof,  shall  be  restored  to  such  part3\ 

^Toverie^r^  §  12.  The  oversccrs  shall  sell  at  public  vendue' the  pro- 
perty so  ordered  to  be  sold,  and  shall  receive  the  rents  and 
profits  of  the  real  estate  of  the  person  so  absconding,  and  in 
those  towns  which  are  required  to  support  their  own  poor, 
the  overseers  shall  apply  the  same  to  the  maintaining,  bring- 
ing up  and  providing  for  the  wife,  child,  or  children  so  left 
and  abandoned,  and  for  that  purpose  shall  draw  on  the  county 
treasurer  for  the  said  proceeds,  as  herein  after  directed.. 
They  shall  account  to  the  court  of  general  sessions  of  the 
peace,  for  all  monies  so  received  by  them,  and  for  the 
application  thereof,  from  time  to  time,  and  may  be  com- 

'4)  1  R,  L.  1»=,  Eeetion  22, 


POOR COUNTY  SUPERINTENDENTS,  <kC.  CtT 

pelled,  by  the  said  court,  to  render  such  account  at  any 
time.  (4) 

§  13.  In  those  counties  where  all  the  poor  are  a  chars^e  ^^-  of  county  ■«- 

^  °       penntendeata. 

upon  the  county,  the  superintendents  of  the  poor  shall  be 
vested  with  the  same  powers,  rights  and  authority,  as  herein 
before  given  to  the  overseers  of  the  poor  of  any  town,  in 
respect  to  compelling  relatives  to  maintain  paupers,  and  in 
respect  to  the  seizure  of  the  property  of  any  parent  abscond- 
ing and  abandoning  his  or  her  family,  and  shall  be  entitled  to 
the  like  actions  and  remedies  in  their  names,  and  shall  per- 
form the  duties  herein  before  required  of  overseers,  and  sub- 
ject to  the  same  obligations  and  control. 

§  14.  Every  poor  person  who  is  blind,  lame,  old,  sick,  im-    ''^^^fJJ^'" 
potent,  or  decrepit,  or  in  any  other  way  disabled,  or  enfeebled, 
so  as  to  be  unable  by  his  work  to  maintain  himself,  shall  be 
maintained  by  the  county  or  town  in  which  he  may  be,  ac- 
cording to  the  following  provisions. 

§  15.  It  shall  be  the  duty  of  the  boards  of  supervisors  ^fSu^K*;' 
within  the  several  counties  of  this  state,  except  the  county  »**""'•<*• 
of  New"- York,  within  one  year  after  this  Title  becomes  a 
law,  to  appoint  not  less  than  three,  or  more  than  five,  discreet 
freeholders  of  their  respective  counties,  to  be  superintendents 
of  the  poor  within  such  county,  who  shall  hold  then*  offices 
for  one  year,  and  until  others  shall  be  appointed  in  their 
places,  and  who  shall  take  the  oath  prescribed  in  the  constitu- 
tion. A  majority  of  the  persons  so  appointed  shall  be  at  all 
times  competent  to  transact  business,  and  to  execute  any 
powers  vested  in  the  board  of  superintendents.  They  shall 
be  allowed  such  sum  for  their  actual  attendance  and  services, 
as  the  board  of  supervisors  of  their  county  shall  deem  rea- 
sonable. (5) 

6  16.  They  shall  be  a  corporation  by  the  name  of  the  Su-  To b?  a  f mpani- 

^  r    ^       Tk  r    i  *     r  i  •    i       i  tion ;  power!  and 

perintendents  of  the  Poor  of  the  county  for  which  they  shall  dunei. 
^  be  appointed,  and  shall  possess  the  usual  powers  of  a  corpo- 
ration for  pubHc  purposes  :  they  shall  meet  as  often  as  the 
supervisors  of  the  county  shall  direct,  at  the  county  poor- 
house,  if  there   be  one,  or  at  the  place  of  holding  courts  in 

(4)  1  R.  L.  IBB,  sect.  K.  (5)  Law*  of  mi,  p.  3S-2. 


623 


POOR COUNTY  SUPERINTENDENTS,  &;C. 


To  provide 
places,  &c> 


To  make  rules, 
4tc 


To  employ 
keepers,  &:c- 


To  purchase  ma- 
terials, &«. 


Allowance  for 
bringing  paupers 


Payment  of  such 
allowance. 


To  decide  dis- 
putes respecting 
£i«ttlemant. 


their  county,  or  at  one  of  tfie  places  of  holding  courts,  if 
there  be  more  than  one,  and  at  such  other  times  and  places 
as  they  shall  think  expedient :  they  shall  have  a  general  su- 
perintendence and  care  of  the  county  poor  who  may  be  in 
their  respective  counties  ;  and  shall  have  power,  and  it  shall 
be  their  duty, 

1.  To  provide  suitable  places  for  the  keeping  of  such 
poor,  when  so  directed  by  the  supervisors  of  any  county, 
where  houses  for  that  purpose  have  not  been  erected  by  the 
county ;  and  for  that  purpose,  to  rent  a  tenement  or  tene- 
ments, and  land  not  exceeding  fifty  acres,  and  to  cause  the 
poor  of  the  county  to  be  maintained  in  such  places  : 

2.  To  establish  and  ordain  prudential  rules,  regulations 
and  by-laws,  for  the  government  and  good  order  of  such 
places  so  provided,  and  of  the  county  poor-houses,  and  for 
the  employment,  relief,  management  and  government  of  the 
persons  therein  placed  ;  but  such  rules  and  regulations  shall 
not  be  valid,  until  sanctioned  by  a  majority  of  the  judges  of 
the  county  courts  of  such  county,  in  w^^iting  : 

3.  To  employ  suitable  persons  to  be  keepers  of  such  houses 
or  places,  and  all  necessary  ofhcers  and  servants,  and  to  vest 
such  powers  in  them  for  the  government  of  such  houses  as 
shall  be  necessary,  reserving  to  the  paupers  who  may  be 
placed  under  the  care  of  such  keepers,  the  right  of  appeal  to 
the  superintendents : 

4.  In  the  counties  where  a  poor-house  is  erected,  or  other 
place  provided  for  the  poor,  to  purchase  the  furniture,  imple- 
ments, and  materials  that  shall  be  necessary  from  time  to 
time  for  the  maintenance  of  the  poor  therein,  and  their  em- 
ployment in  labor  or  manufactures,  and  to  sell  and  dispose 
of  the  proceeds  of  such  labor  as  they  shall  deem  expedient : 

5.  To  prescribe  the  rate  of  allowance  to  be  made  to  any 
persons  for  bringing  paupers  to  the  county  poor-house  or 
place  provided  for  the  poor,  subject  to  such  alterations  as 
the  board  of  supervisors  may,  by  a^  general  resolution, 
make : 

6.  To  authorize  the  keepers  of  such  houses  or  places  so 
provided,  to  certify  the  arnount  due  to  any  person  for  bring-/ 
ing  such  paupers  ;  which  amount  shall  be  paid  by  the  county 
treasurer,  on  the  production  of  such  certificate,  countersigned 
and  allowed  by  any  tw^o  superintendents  : 

7.  To  decide  any  dispute  that  shall  arise  concerning  the 


POOR COUNTY  SUPERINTENDENTS,  AC, 


639 


settlement  of  any  poor  person,  summarily,  upon  a  hearing  of 
the  parties  ;  and  for  that  purpose,  to  issue  subpoenas  to 
compel  the  attendance  of  witnesses,  and  to  administer  oaths 
to  them  in  the  same  manner,  with  the  like  power  to  enforce 
such  process  as  is  given  to  justices  of  the  peace  in  any  mat- 
ter cognizable  by  them  :  their  decisions  shall  be  filed  in  the 
office  of  the  county  clerk  within  thirty  days  after  they  are 
made,  and  shall  be  conclusive  and  final  upon  all  parties  in- 
terested : 

8.  To  direct  the  commencement  of  suits  by  any  overseers  c^nmincV  suli. 
of  the  poor  w4io  shall  be  entitled  to  prosecute  for  any  penal- 
ties, or  upon  any  recognizances,  bonds,  or  securities  talien 

for  the  indemnity  of  any  town  or  of  the  county  ;  and  in  case 
of  the  neglect  of  any  such  overseer,  to  commence  and  con- 
duct such  suits,  without  the  authority  of  such  overseers,  in 
their  names  : 

9.  To  draw  from  time  to  time  on  the  county  treasurer  for  To«irawone«uH- 

J  ty  treasurer. 

all  necessary  expenses  incurred  in  the  dischargfe  of  their  du- 
ties, which  drafts  shall  be  paid  by  him  out  of  the  monies 
placed  in  his  hands  for  the  support  of  the  poor  : 

10.  To  render  to  the  board  of  supervisors  of  their  county, 
at  their  annual  meeting,  an  account  of  all  monies  received 
and  expended  by  them,  or  under  their  direction,  and  of  all 
their  proceedings  : 

11.  To  pay  over  all  monies  remaining  in  their  hands,  with- 
in fifteen  days  after  the  expiratioy  of  their  office,  to  the  coun- 
ty treasurer,  or  to  their  successors.  (6) 


To  account. 


To  pay  over 
monies. 


§  17.  The  board  of  supervisors  of  any  county  in  this  state,  ^"toi^eJ"**"^ 
in  which  a  county  poor-house  is  not  already  erected,  may, 
at  any  annual  or  special  meeting  thereof,  determine  to  erect 
such  house  for  the  reception  of  the  poor  of  their  county ;  and 
upon  filing  such  determination  with  the  clerk  of  the  county, 
they  may  direct  the  superintendents  of  the  poor  of  such  coun- 
ty to  purchase  one  or  more  tracts  of  land  not  exceeding  two 
hundred  acres,  and  to  erect  thereon  one  or  more  suitable 
buildings  for  the  purpose  aforesaid.  To  defray  the  expen- 
ses of  such  purchase  and  buildings,  the  said  board  may  raise 
by  tax  on  the  real  and  personal  estate  of  the  inhabitants  of 
(the  same  county,  a  sum  not  exceeding  seven  thousand  dol-  Expense  limitad. 
lars,  by  such  instalments  and  at  such  times  as  they  may  judge 

(8)  Laws  of  1804,  p.  382. 


630  POOR MONEY  PAID  TO  COUNTY  TREASURER. 

expedient.  The  said  tax  shall  be  raised,  assessed  and  col- 
lected in  the  same  manner  as  the  other  county  charges,  Und 
\  shall  be  paid  by  the  county  treasurer  to  the  superintendents 
of  the  poor  of  the  county,  to  be  applied  in  defraying  the  ex- 
penses aforesaid.  (7) 

o?^coiX"*^poor       §  IQ-    The  superintendents  of  county  poor-houses,  that 
houses.  have  been  erected,  or  shall  be  erected  pursuant  to  any  law, 

shall  be  superintendents  of  the  poor  of  their  counties  respec- 
tively, and  shall  possess  all  the  powers  and  be  subject  to  all 
the  regulations  herein  before  specified  in  relation  to  such  su- 
perintendents. 

Excise  money,       §  19.  All  monics  which  shall  be  received  bv  the  commis- 

when  to  be  paid      .  „  .         .  .  ^  *^  •  u-    i 

to  county  treasu-  sioucrs  01  cxcisc  m  any  town  or  city,  01  any  county  m  which 


rer 


the  supervisors  shall  have  determined  to  abolish  the  distinc- 
tion between  town  poor  and  county  poor,  shall  be  by  them 
paid -over  to  the  county  treasurer,  within  thirty  days  after 
the  receipt  thereof;  and  they  shall  at  the  same  time  deliver  a 
certified  copy  of  the  resolutions  of  the  board  of  excise,  by 
which  the  sum  to  be  paid  for  licenses  by  -grocers,  tavern- 
pcnaity.  keepers  or  Others,  shall  be  fixed.  Any,  commissioner  of  ex- 
cise neglecting  the  said  duty,  or  any  part  thereof,  shall  for- 
feit fifty  dollars,  to  be  recovered  by  and  in  the  name  of  the 
superintendents  of  the  poor  of  the  county  ;  and  shall  also  be 
liable  to  an  action  by  and  in  the  name  of  the  county  treasu-, 
rer,  for  all  monies  received  by  them,  with  the  interest  there- 
on from  the  time  the  same  should  have  been  paid  over. 

Also  all  other  §  20.  All  mouics  which  shall  be  collected  by  overseers  of 
£y"ove1seera.  the  poor  of  any  town  in  a  county  where  the  poor  are  all  a 
county  charge,  from  the  relatives  of  any  poor  person  bound 
to  contribute  to  his  support ;  or  from  the  sale  of  any  personal 
property,  or  the  rents  and  profits  of  the  real  property  of  any 
person  who  shall  abscond,  leaving  a  wife  or  children  ;  or  re- 
ceived for  any  fines,  penalties  or  forfeitures,  which  by  law 
are  directed  to  be  applied  to  the  support  of  the  poor ;  or  col- 
lected on  any  bond  or  other  security  that  shall  be  given  for 
the  benefit  or  indemnity  of  any  town,  or  of  the  overseers  or 
inhabitants  of  such  town ;  and  all  other  monies  which  shall 
be  received  by  such  overseers  in  their  oflicial  capacity,  shall 

(7)  La\vsoni?24,  p.  382:  l.aws  of  1825,  p.  3 


POOR WHEN  TO  BECOME  A  COUNTY  CHARGE.  631 

be  by  them  paid  over  v/ithin  thirty  days  after  the  receipt  of  Penalty. 
the  same,  to  the  county  treasurer,  for  the  benefit  of  the  poor ; 
and  if  not  so  paid,  the  same  may  be  recovered  in  an  action  to 
be  brought  by  and  in  the  name  of  the  county  treasurer,  with 
interest,  at  the  rate  of  ten  dollars  on  the  hundred,  for  a  year, 
from  the  time  the  same  should  have  been  paid. 

§  21.  In  those  counties  where  the  supervisors  shall  deter-  iSuon  Ylu^ 
mine  to  abolish  the  distinction  between  town  poor  and  county  p^*^''^"'^^''^*=- 
poor,  and  to  have  all  the  poor  a  county  charge,  it  shall  be  the 
duty  of  the  clerk  of  the  board  of  supervisors,  immediately  tp 
serve  notice  of  such  determination  on  the  overseers  of  the 
poor  of  every  town  in  the  county.  Within  three  months  af- 
ter the  service  of  such  notice,  the  overseers  of  the  poor  of 
every  town,  shall  pay  over  all  monies  which  shall  remain 
in  their  hands,  after  discharging  all  demands  against  them  as 
such  overseers,  to  the  county  treasurer,  to  be  applied  by  him 
towards  the  future  taxes  of  such  town.  In  case  of  neglect 
to  pay  over  such  monies,  the  county  treasurer  may  maintain 
an  action  therefor,  in  which  he  shall  recover  interest  on  the 
monies  withheld,  from  the  time  they  should  have  been  paid 
over. 

§  22.  In  those  counties  in  which  the  distinction  between   ^^c'TnTiS' 
county  poor  and  town  poor  prevails,  the  excise  money  col-    counties, 
lected  in  any  town,  and  all  the  penalties  given  by  law  to  the 
overseers  of  the  poor,  when  received,  shall  be  applied  to  the 
use  of  the  poor  of  the  town  in  which  such  money  and  penal- 
ties shall  be  collected.  (8) 

§  23.  In  the  counties  of  Warren,  Washington,  Saratoga,  fy  ""^hai^/e^inTr' 
and  Genesee,  poor  persons  entitled  to  support  as  aforesaid,  ^^^^  counties, 
shall  be  maintained  at  the  expense  of  the  said  counties  re- 
spectively ;  and  all  costs  and  charges  attending  the  exami- 
nations, conveyance,  support,  and  necessary  expenses  of 
paupers-  within  the  said  counties  respectively,  shall  be  a 
charge  upon  the  said  counties,  without  reference  to  the  num- 
ber or  expense  of  paupers  which  may  be  sent  to  the  poor- 
house'of  said  counties,  from  or  by  any  of  the  towns  therein. 
The  said  charges  and  expenses  shall  be  reported  by  the  su- 
perintendents of  the  poor  of  the  said  counties,  to  the  boards 

(H)  Laws  of]  828,  page  170,  sections. 


^32  POOR WHEN  TO  BEC03IE  A  COUNTY   CHARGE. 

of  supervisors  therein  respectively,  and  shall  be  assessed, 
levied  and  collected  of  and  upon  the  taxable  real  and  person- 
al estate  in  the  said  counties,  in  the  same  manner  as  other 
county  charges.  (9) 


8oinoth°r^co°i!l^°  5  24.  Tlic  board  of  supervisors  of  any  county  in  this  state, 
at  any  annual  meeting;  or  at  any  special  meeting  called  for 
that  purpose,  may  determine  to  abohsh  all  distinction  be- 
tween county  poor  and  town  poor  in  their  counties  respec- 
tively, and  to  have  the  expense  of  maintaining  all  the  poor  a 
county  charge;  and  upon  their  filing  such  determination, 
duly  certified  by  the  clerk  of  the  board,  with  the  county 
clerk,  the  said  poor  shall  be  maintained,  and  the  expense- 
thereof  defrayed  in  the  manner  prescribed  in  the  preceding 
section  relative  to  the  counties  of  Warren,  Washington,  Sa- 
ratoga and  Genesee.  (9) 

*^**g"ei°  ^^  §  25.  When  the  supervisors  of  any  county  shall  have  de- 
termined to  abolish  the  distinction  between  county  poor  and 
town  poor,  the  clerk  of  the  board  shall  serve  a  copy  of  the 
resolution  making  such  determination,  upon  the  clerk  of  each 
town,  village  or  city,  within  such  county. (10) 

feSe^aTfo  §  2C.  After  such  resolution  shall  be  served,  it  shall  be  the 
county treaBurcr.  j^^.^  ^^  ^|^g  commissioners' of  cxcisc  in  the  several  tow^ns  of 
such  county,  and  of  the  officers  of  every  city  and  village 
therein,  to  pay  over  to  the  treasurer  of  the  cour^ty  all  mo- 
nies which  shall  thereafter  be  received  for  licenses  to  tavern- 
keepers,  retailers  or  grocers,  and  all  monies  which  shall  be 
recovered  as  penalties  for  violating  the  excise  laws,  or  any 
other  laws,  and  which  are  directed  to  be  paid  to  the  overseers 
of  the  poor.  (11) 

payment  how  ^  27.  If  any  person  having  in  his  hands  any  monies  direct- 
ed to  be  paid  to  the  county  treasurer  by  the  preceding  sec- 
tion, shall  neglect  or  refuse  to  pay  the  same  within  thirty  days' 
after  demand  thereof,  the  county  treasurer  may  maintain  an 
action  in  his  name  of  office  for  the  recovery  thereof,  together 
with  interest  from  the  time  of  such  demand.(ll) 

(9)  Laws  of  1K7,  page  195 ;  1826,  page  13-4.  {10)  Lnwf:  of  1P28,  p.  170,  $  3,  4,  5. 

(11)  Laws  of  1H2?,  page  170,  svrt.  3,  4,  5. 


POOR SETTLEMENTS  HOW  GAINED.-  633 

/§28.  In  all  the  other  counties  of  this  state,  except  the  ,J^^[i°//;;;^ 
counties  of  Warren,  Washino^ton,  Saratoga,  Genesee,  and  •uppo'^^^'i- 
those  counties  of  which  thaJ|bard  of  supervisors  shall  file 
the  determination  aforesaid,  tnefl^r  having  a  settlement  in 
any  town  in  such  county,  shall  be  supported  at  the  expense 
of  such  town,  and  the  poor  not  having  such  settlement  shall 
be  supported  by  the  county  in  v.hich  they  may  be. 

§  29.  Every  person  of  full  age,  who  shall  be  a  resident  and  ^^"^g^^„" ^  ^^"^ 
inhabitant  of  any  town  for  one  year,  and  the  members  of  his 
family  who  shall  not  have  gained  a  separate  settlement,  shall 
be  deemed  settled  in  such  town.     A  minor  may  be  emanci- 
pated from  his  or  her  father,  and  may  gain  a  settlement, 

1.  If  a  female,  by  being  married  and  living  for  one  year     Minors. 
with  her  husband,  in  which  case  the  husband's  settlement 

shall  determine  that  of  the  wife  : 

2.  If  a  male,  by  being  married  and  residing  for  one  year 
separately  from  the  family  of  his  father  : 

3.  By  being  bound  as  an  apprentj^e,  and  serving  one  year 
by  virtue  of  such  indentures  : 

4.  By  being  hired  and  actually  serving  for  one  year  for  Manicd  woincn 
w^ages  to  be  paid  to  such  minor.     A  woman  of  full  age,  by 
niarrying,  shall  acquire  the  settlement  of  her  husband,  if  he 

have  any.     And  until  a  poor  person  shall  have  gained  a  set- 
tlement in  his  own  right,  his  settlement  shall  be  deemed  that 
of  his  father  or  mother  ;  but  no  child  born  in  any  place  used 
and  occupied  as  a  residence  for  the  poor  of  any  town,  city 
or  county,  shall  gain  any  settlement  merely  by  reason  of  the 
place  of  such  birth ;  nor  shall  any  child  born  while  the  mother 
is  -a  county  pauper,  gain  any  settlement  ^^'  ------   of  the 

place  of  its  birth. 

^^  30.  But  no  residence  of  anv  person  as  a  pauper,  in  the   Ouaiifi'-ationof 

^    '  *     ^  II'-        last  soctioiJ. 

county  poor-house,  or  place  provided  for  the-  support  of  the 
poor,  or  in  any  town  while  supported  at  the  expense  of  any 
other  town  or  county,  shall  operate  to  give  such  pauper  a  • 
settlement  in  the  tovrn  where  such  actual  residence  niny  be 
harl. 

§  31.  No  person  shall  be  removed  as  a  pauper  fr^m  anv   Psuprrp  nm  to 
City  or  town  to  any  other  city  or  town  of  the  same  or  any  supported, 
other  county,  nor  from  any  county  to  any  other  county  ;  but 

80   '  ' 


^^^  POOR REMOVAL  AND  SETTLE3IENT  OF. 

every  poor  person  shall  be  supported  in  the  town  or  county 
where  he  may  be,  as  follows  : 

1.  If  he  hatJi  gained  a  settlJj^nt  in  any  town  in  such  coun- 
ty," he  shall  be  maintainecyp^Wch  tow^n: 

2.  If  he  hath  not  gaiSd  a  settlement  in  the  county  in 
which  he  shall  become  poor,  sick  or  infirm,  he  shall  be  sup- 
ported and  relieved  by  the  superintendents  of  the  pooi',  at  the 
expense  of  the  county  : 

3.  If  such  person  be  in  a  county  v/here  the  distinction  be- 
tween town  and  county  poor  is' abolished,  he  shall  in  like 
manner  be  supported  a't  the  expense  of  the  county,  and  in 
both  the  cases  aforesaid,  proceedings  for  his  relief  shall  be 
had  as  herein  after  directed  : 

4.  If  such  paiiper  be  in  a  county  where  the  respective  towns 
are  liable  to  support  their  poor,  and  hath  gained  a  settlement 
in  some  other  town  of  the  same  county  than  that  in  which 
he  may  then  be,  he  shall  be  supported  at  the  expense  of  the 
town  where  he  may  be,  and  the  overseers  shall  give  notice 
in  writing  to  the  overseers  of  the  town  to  which  such  pauper 
shall  belong,  or  to  one  of  them,  requiring  them  to  provide  for 
the  relifef  and  support  of  such  pauper. 

Proceedings  to       §  32.  If  within  ten  days  after  the  service  of  such  notice, 

def^rmine  settle    ^i  ,  i  i  t  i     i      n 

incnt  of  pauper,  the  oversccrs  to  whom  the  same  was  directed  shall  not  pro- 
ceed to  contest  the  allegation  of  the  settlement  of  such  pau- 
per, by  giving  the  notice  herein  after  directed,  they,  their 
successors,  and  the  town  which  they  represent,  shall  be  for- 
ever precluded  from  contesting  or  denying  such  settlement. 
They  may,  within  the  time  aforesaid,  give  notice  in  writing 
to  the  overseers  of  the  town  where  such  pauper  may  be, 
that  they  will  appear  before  the  county  superintendents,  at  a 
place  and  on  a  day  therein  to  be  specified,  which  day  shall 
be  at  least  ten  days,  and  not  more  than  thirty  days  from  the 
.  time  of  the  service  of  such  notice,  to  contest  the  said  alleged 
settlement. 

Ibid.  §  33.  The  county  saperintendents  shall  convene  whenever 

required  by  any  overseers  pursuant  to  such  notice,  and  shall 
proceed  to  hear  and  determine  the  controversy,  and  may 
award  costs  not  exceeding  ten  dollars,  to  the  prevailing  party, 
which  may  be  recovered  in  any  action  before  a  court  of  com- 
petent jurisdiction.  The  decision  of  the  superintendents 
shall  be  final  and  conclusive. 


POOR COUNTY  PAUPERS.  835 

6  34.  The  overseers  of  the  poor  of  the  town  in  which  it  Towns  how  com- 

•>  r  pellcd  to  support 

may  be  alleged  any  pauper  has  gained  a  settlement,  may  at  paupers. 
any  time  after  receiving  such  notice  requiring  them  to  pro- 
vide for  such  pauper,  take  and  receive  such  pauper  to  their 
town  and  there  support  him.  If  they  omit  to  do  so,  or  shall 
fail  to  obtain  the  decision  of  the  county  superintendents,  so  as 
to  exonerate  them  from  the  maintenance  of  such  pauper,  the 
charge  of  giving  such  notice,  and  the  expenses  of  maintain- 
ing such  pauper,  after  being  allowed  by  the  county  superin- 
tendents, shall  be  laid  before  the  board  of  supervisors  at  their 
annual  meetings,  from  year  to  year,  as  long  as  such  expenses 
shall  be  incurred  ;  and  the  supervisors. shall  annually  add  the 
amount  of  the  said  charges  to  the  tax  to  be  laid  upon  the 
town  to  which  the  pauper  belongs,  together  with  such  sum  in 
addition  thereto,  as  will  pay  the  town  incurring  such  expenses, 
the  lawful  interest  thereon,  from  the  time  of  expenditure  to 
the  time  of  repayment,  which  sum  shall  be  assessed,  levied 
and  collected,  in  the  same  manner  as  the  other  contingent 
charges  of  such  town.  The  said  monies,  when  collected, 
shall  be  paid  to  the  county  treasurer,  and  be  by  him  credited 
to  the  account  of  the  town  which  incurred  the  said  expenses. 

§  35.  The  support  of  any  pauper  shall  not  be  charged  to    Proceedings  to 

,  .   ,  ,  "      .  f.    ,,  •     .         1        .  T<- f^cteriiiiiu!     who 

the  county,  without  the  sanction  oi  the  supermtendei^'ts.  if  are  county  pau- 
a;  pauper  be  sent  to  the  county  poor-house,  or  place  provid-  eu. ' 
ed  for  the  poor  as  a  county  pauper,  the  superintendents  in 
those  counties  where  the  respective  towns  are  required  to 
support  their  own  poor,  shall  immediately  inquire  into  the 
fact,  and  if  they  are  of  opinion  that  such  pauper  has  a  legal 
settlement  in  any  town  in  the  said  county,  they  shall,  within 
thirty  days'  after  such  pauper  shall  have  been  received,  give 
notice  to  the  overseers  of  the  poor  of  the  town  to  which  such 
pauper  belongs,  that  the  expenses  of  his  support  will  be 
charged  to  such  town,  unless  the  said  overseers,  within 
such  time  as  the  said  superintendents  shall  appoint,  not  less 
than  twenty  days  thereafter,  show  that  such  town  ought  not 
to  be  so  charged.  And  On  the  application  of  the  said  over- 
seers, the  superintendents  shall  re-examine  the  matter,  and 
take  testimony  in  relation  thereto,  and  shall  finally  decide 
the  question;  which  decision  shall  be  conclusive. 


636  POOR RELIEF  TO  AND  REMOVAL  OF  PAUPERS. 


Tb.  in  eountiei 
where  there  ar« 
no 


§  36.  In  those  counties  where  no  county  poor-house'  or 
poor-houses,  other  pkcc  is  provided,  no  person  shall  be  supported  as  a 
county  pauper,  without  the  direction  of  at  least  one  super- 
tendent.  In  such  cases  the  overseers  of  the  poor  of  the  tow^n 
where  such  person  may  be,  shall  immediately  give  notice  to 
one  of  the  superintendents,  who  shall  inquire  into  the  cir- 
cumstances ;  and  if  he  is  satisfied  that  such  pauper  hath  not 
gained  a  legal  settlement  in  any  town  of  the  said  county, 
he  shall  give  a  certificate  to  that  effect,  and  that  such  pauper 
is  chargeable  to  the  county.  He  shall  report  every  such 
case  to  the  board  of  supenntcndents,  at  their  next  meeting, 
who  may  affirm  such  certificate,  or  may  annul  the  same,  on 
giving  due  notice  to  the  overseers  of  the  poor  of  the  town 
interested,  and  after  hearing  the  allegations  and  proofs  in  the 
premises. 


lb.  in  counties 
where  there  are 


§  37.  If  the  superintendent  to  whom  the  overseers  may 
no  poor-house?,    fi^yc  given  sucli  uoticc,  shall  neglect  or  refuse  to  give  the  ■ 
certificate  aforesaid,  the  overseers  may  apply  to  the  board  of 
county  superintendents,  'who  shall  summarily  hear  and  de- 
termine the  matter,  and  whose  decision  shall  be  conclusive. 

Decisions  of  su  §  38.  Thc  dccisions  of  the  board  of  county  superintend- 
rhciSlrt?Sc.  cuts,  in  relation  to  the  settlement  of  any  paupers,  or  to  their 
being  a  charge  upon,  the  county,  shall  be  entered  in  books 
to  be  provided  'for  that  purpose,  and  certified  by  the  sig;na- 
tures  of  such  of  the  said  superintendents  as  make  such  de- 
cisions ;  and  a  duplicate  thereof,  certified  in  the  same  man- 
ner, shair  be  filed  in  the  county  clerks' ofiice  within  thirty 
days  after  the  making  of  any  such  decision.  Such  original 
duplicate,  or  a  copy  thereof  duly  certified,  shall  be  conclu- 
sive evidence  of  the  facts  therein  contained. 


Relief  to  pnupcis 
in  counties  hnv 
i./gpoor  houses. 


§  39.  When  any  person  shall  apply  for  relief  to  any  over- 
seer of  the  poor,  in  any  county  where  a  poor-house  is  estab- 
lished, or  other  place  provided  for  the  reception  of  the  poor, 
such  overseers  shall  inquire  into  the  state  and  circumstances 
of  the  applicant.  IC  it  shall  appear^  that  the  applicant  is  in 
such  indigent  circumstances  as  to  require  permanent  relief 
and  support,  and  can  be  safely  removed,  the  overseers  §hall, 
by  a  written  order,  cause  the  poor  person  to  be  removed  to 
the  county  poor-house,  or  to  the  place  provided  as  aforesaid, 


POOR RELIEF  TO  AND  REMOVAL  OF  PAUFERS.  637 

to  be  relieved  and  provided  for  as  the  necessities  of  sjach 
applicant  may  require.  If  the  said  county  be  one  of  those 
wiiere  the  respective  towns  are  required  to  support  their 
own  poor,  the  overseers  shall  designate  in  such  order  of 
removal  whether  the  pauper  be  chargeable  to  the  county  or 
not;  and  if  no  such  designation  be  made,  such  pauper  shall 
be  deemed  to  belong  to  the  town  or  whose  overseers  made 
such  order. 


rc- 
teni- 


§  40.  The  expense  of  such  removal  shall  be  paid^on  the  mo^;Tarrd''t, 
certificate  of  the  keeper  of  the  poor-house,  or  other  place,  ^'"'"'''^''"pi'*''*- 
countersigned  as  aforesaid,  at  the  rate  that  shall  have  been 
prescribed  by  the  superintendents ;  and  the  overseers  shall  be 
allowed  such  sym  as  may  have  been  necessarily  paid  out  or 
contracted  to  be  paid,  for  the  reliefer  support  of  such  pauper 
previous   to  the  said  removal,  as   the  superintendents  shall  ^ 

judge  was  reasonably  expended  while  it  was  improper  to 
remove  such  pauper,  which  sum  shall  be  paid  by  the  county 
treasurer  on  the  order  of  the  superintendents,  and  shall  be 
charged  to  the  county,  if  such  pauper  be  a  county  charge, 
or  to  the  town  sending  him,  if  he  be  not  a  county  charge. 

§41.  The  person  so  removed  shall  be  received  by  the    "n^v  snpport/'ci 

^  .  "^  aiKl  wlieii  to  he 

superintendents,  or  their  agents,  and  be  supported  and  re- ^^^<=^'^'8^"^- 
licved  in  the  county  poor-house,  or  such  other  place  as  shall 
have  been  provided,  under  the  direction  of  the  said  superin- 
tendents, until  it  shall  appear  to  them  that  such  person  is 
able  to  vv^ork  and  maintain  himself,  when  the  superintend- 
ents may  in  their  discretion  discharge  him. 

§42.  If  it  shall  appear  that  the  person  so  apply ing, '  re- J^^/'l^^^^^.^^^^^^^^^^^ 
quires  only  temporary  relief,  or  is  sick,  lame,  or  otherwise  [j'^'^g^^y^^  ^°  p^*'*' ' 
disabled  so  that  he  or  she  cannot  be  conveniently  removed 
to  the  county  poor-house,  or  to  such  place  as  shall  have  been 
provided  by  the  county  superintendents,  the  overseers  shall 
apply  to  a  justice  of  the  peace  of  the  same  town,  who  shall 
examine  into  the  facts  and  circuaistances,  and  shall  in  writing 
order  such  sum  to  be  expended  for  the  temporary  relief  of 
such  poor  person,  as-  the  circumstances  of  the  case  shall  re- 
quire ;  which  order  shall  entitle  the  overseer  to  receive  any 
sum  he  may  have  paid  out  or  contracted  to  pay,  within  the 
.'mount  therein  specified  from  the  county  treasurer,  to  be  by 


638  POOR RELIEF  WHERE  NO   COUNTY  POOR-HOUSES. 

him  charged  to  the  county,  if  such  person  be  a  county  charge ; 
if  not  to  be  chargd  to  the  town  w^here  such  relief  was  afforded ; 
but  no  greater  sum  than  ten  dollars  shall  be  expended  or  paid 
for  the  relief  of  any  one  poor  person,  or  one  family,  without 
the  sanction  in  writing  of  one  of  the  superintendents  of  the 
poor  of  the  county,  which  shall  be  presented  to  the  county 
treasurer,  with  the  order  of  the  justice. 


Relief  to  paupers      ^  43    jf  application  for  relief  be  made  in  any  of  those 

jn   counties    not         •>  ri  J 

houiee  ^°^^'  countics  w^icrc  no  county  poor-house,  or  other  place  shall 
have  been  provided,  as  aforesaid,  for  the  reception  of  the 
poor,  the  overseers  of  the  poor  shall,  with  the  assistance  of 
some  justice  of  the  peace  of  the  same  town,  inquire  into 
the  facts  and  circumstances  of  the  case,  and  shall  make 
an  order  in  writing  for  such  allowance,  weekly  or  otherwise, 
*  as  the  said  justice,  and  one  of  the  said  overseers,  shall  think 

required  by  the  necessities  of  such  a  poor  person. 

Ibid.  ^  44.  If  such  pauper  have  a  legal  settlement  in  the  town 

w^here  sucb  application  is  made,  or  in  any  other  town  in  the 
same  county,  the  overseers  shall  apply  the  monies  so  allow- 
ed to  the  relief  and  support  of  such  pauper ;  the  monies  paid 
by  them,  or  contracted  to  be  paid,  pursuant  to  such  order,  shall 
be  drawn  by  them  from  the  'county  treasurer  on  producing 
the  said  order,  out  of  the  funds  in  his  hands  belonging  to 
such  town. 


Notice  to  i)c  giy-      ^  45.  If  such  pauDor  has  no  leffal  settlement  in  the  same 

en      in     certain         ''  110 

cases.  county,  the  overseers  shall  immediately  give  the  notice  herein 

before  directed,  to  one  of  the  county  superintendents  ;  and 
until  the  county  superintendents  shall  take  the  charge  of  the 
support  of  such  pauper,  the  overseers  shall  provide  for  his  re- 
lief and  support,  as  aforesaid,  and  the  expense  thereof  from  the 
time  of  giving  such  notice  to  a  county  superintendent,  shall 
be  paid  to  the  said  overseers  by  the  county  treasurer,  on  the 
production  of  such  order  and  of  proof  by  affidavit,  of  the 
time  of  the  giving  such  notice,  and  shall  be  by  him  charged 
to  the  county. 

in  "coumierhav-      §  46.  Whcnevcr  the  county  superintendents  take  charge  of 

hlfu^sf°°'^'       the  support  of  any  county  pauper,  in  those  counties  where  no 

poor-house  is  provided,  they  may  authorize  the  overseers  of 


POOR ACCOUNTS  OF,  &c.  G39 

the  poor  of  the  town  in  which  such  pauper  may  be,  to  continue 
to  support  him,  on  such  terms  and  under  such  regulations  as 
they  shall  prescribe ;  and  thereafter  no  monies  shall  be  paid 
to  the  said  overseers  for  the  support  of  such  pauper,  without 
the  order  of  the  superintendents  ;  or  the  said  superintendents 
may  remove  such  pauper  to  any  other  town,  and  there  pro- 
vide for  his  support,  in  such  manner  as  they  shall  deem  expe- 
dient. 

§.  47.  In  those  counties  where  the  respective  towns  are  re-  towns'^bound'to 
quired  to  support  their  own  poor,  the  county  treasurers  thereof  ^3  by  Jounty 
shall  respectively  open  and  keep  an  account  with  each  town,  ^'^^^s"'^'^''- 
in  which  the  town  shall  be  credited  with  all  monies  received 
from  the  same,  or  from  its  officers,  and  shall  be  charged  with 
the  monies  paid  for  the  support  of  the  poor  chargeable  to 
such  town.  ■  And  if  there  be  a  county  poor-house,  or  other 
place  provided  in  such  county  for  the  reception  of  the  poor, 
the  superintendents  of  the  poor  of  the  county  shall,  in  each 
year,  before  the  annual^  meeting  of  the  board  of  supervisors 
of  such  county,  furnish  to  the  county  treasurer  a  statement 
of  the  sums  charged  by  them,  as  herein  after  directed,  to  the 
several  towns  for  the  support  of  their  poor,  which  shall  be 
charged  to  such  towns  respectively,  by  the  county  treasurer, 
in  his  accounts. 

6  48.  In  those  counties  in  w^hich  a  poor-house  shall  be  es-     ^^.-  t^yupcfta- 

^  '■  tendents. 

tablished,  or  a  place  provided,  by  the  superintendents,  for  the 
reception  of  the  poor,  and  in  which  the  several  towns  shall 
be  liable  for  the  support  of  their  poor  respectively,  it  shall  be 
the  duty  of  the  superintendents,  annually,  and  during  the 
week  preceding  the  annual  meeting  of  the  board  of  supervi- 
sors, to  make  out  a  statement  of  all  the  expenses  incurred 
by  them  the  preceding  year,  and  of  the  monies  received,  and 
exhibiting  the 'deficiency,  if  any,  in  the  funds  provided  for 
the  defraying  such  expenses ;  and  they  shall  apportion  the 
said  deficiency  among  the  said  several  towns,  in  proportion 
to  the  number  and  expenses  ot  the  paupers  belonging  to  the 
said  towns,  respectively,  who  shall  have  been  provided  for 
by  the  said  supermtendents,  and  shall  charge  the  said  towns 
with  the  said  proportions  ;  which  statement  shall  be  by  them 
delivered  to  the  county  treasurer,  as  before  directed. 


640 


POOR ACCOUNTS  OF.  ESTIMATED  AND  SETTLED. 


for^^supMvfsora'  ^  ^^-  ^^  ^^  annual  meeting  of  the  board  of  supervisors, 
the  county  treasurer  shall  lay  ^efore  them  the  account  so 

collected.  kept  by  him  ;  and  if  it  shall  appear  that  there  is  a  balance 

against  any  town,  the  said  board  shall  add  the  same  to  the 
amount  of  taxes  to  be  levied  and  collected  upon  such  town, 
with  the  other  contingent  expenses  thereof,  together  with 
such  a  sum  for  interest,  at  the  rate  of  seven  dollars  on 
the  hundred,  as  will  reimburse  and  satisfy  any  adviyices  that 
may  be  made,  or  that  may  have  been  made,  from  the  county 
treasur}^,  for  such  town  ;  which  monies,  wiien  collected,  shall 
be  paid  to  the  county  treasurer. 


Expense  of  suiv 
porting  county 
poor. 


§  50.  The  superintendents  of  the  poor  in  each  county  shall 
annually  present  to  the  board  of  supervisors,  at  their  annual 
meeting,  an  estimate  of  the  sum  which,  in  their  opinion,  will 
be  necessary,  during  the  ensuing  year,  for  the  support  of  the 
county  poor  ;  and  the  said  supervisors  shall  cause  such  sum 
as  they  may  deem  necessary  for  that  purpose,  to  be  assessed, 
levied  and  collected,  in  the  same  manner  as  the  other  con- 
tingent expenses  of  the  county,  to  be  paid  to  the  county  trea- 
surer, and  to  be  by  him  kept  as  a  separate  fund,  distinct  from 
the  other  funds  of  the  countv. 


AccounU  of 
ovei  seers  of 
poor  in  certain 
camntics. 


§  51.  In  those  counties  where  there  are  no  county  poor- 
houses  established,  the  overseers  of  the  poor  of  the  respec- 
tive towns  shall  enter,  in  books  to  be  provided  at  the  ex- 
pense of  their  towns,  an  account  of  all  matters  transacted' by 
them,  relating  to  their  official  duties  ;  of  all  monies  received 
by  them,  specifying  from  whom,  and  on  what  account ;  of 
all  monies  laid  out  and  disbursed  by  them,. to  whom,  and  by 
what  authority,  and  specifying,  in  each  case,  whether  to  coun- 
ty poor  or  to  town  poor  ;  the  names  of  all  persons  applying 
for  relief,  and  ordered  to  be  relieved  as  aforesaid  ;  the  da}' 
and  year  when  they  were  admitted  to  have  relief  v  the  week- 
ly or  other  sums  of  money  allowed  for  that  purpose,  and  the 
cause  of  giving  such  relief.(12) 


How  audited  and 
settled, 


§  52.  On  the  Tuesday  next  preceding  the  annual  town- 
meeting  of  every  town,  the  overseers  of  the  poor  shall  lay 
the  said  original  books  before  the  board  of  to\vn  auditors, 
together  with  a  just  and  true  account  of  all  monies  by  them 


(12;  1  R.  L.  390,  ^  28. 


POOR HOW  ESTmATED  AND  SETTLED.  641 

received  and  expended  for  the  use  of  the  poor,  and  in  what 
manner,  together  with  an  account  of  the  earnings  of  the  poor 
persons  by  them  employed  ;  which  account  shall  be  verified 
by  the  oaths  of  the  overseers,  and  shall  be  filed  with  the  town 
clerk.     The  board  of  town  auditors  shall  compare  the  said     [Sec.  cb.  xi. 

•   11  •         •        1  IT  r  -1  1      11   ^"tf'j  P>  355,  Arti» 

account  with  the  entries  m  the  poor  books  aioresaid  ;  shall  cie5.] 
examine  the  vouchers  in  support  thereof,  and  shall  audit  and 
settle  the  same,  and  state  the  balance  due  from  such  over-  • 
seers,  or  to  them,  as  the  case  may  be.  No  credit  shall  be 
allowed  to  any  overseer  for  monies  paid,  unless  it  shall 
appear  that  such  payment  was  made  pursuant  to  a  legal 
order.  (13) 

§  53.  Every  person  who,  having  been  an  overseer  of  the  Penalty, 
poor,  shall  refuse  or  neglect  to  present  such  original  books, 
or  to  exhibit  such  accounts,  to  the  board  of  town  auditors,  as 
required  in  the  last  section,  shall  forfeit  the  sum  of  two  hun- 
dred and  fifty  dollars,  to  be  recovered  by  and  in  the  name  of 
the  overseers  of  the  poor  of  such  town. (14) 

§  54.  In  those  counties  where  the  respective  towns  are 

•111111  Accounts    and 

made  liable  for  the  support  of  their  poor,  it  shall  be  the  duty  estimates  to  be 

^  ^  *■  .  "^    read     at     town- 

of  the  town  clerk  to  exhibit  at  the  annual  town-meetings,  the  meeting, 
accounts  for  the  support  of  the  poor  therein,  the  preceding 
year,  as  the  same  shall  have  been  allowed  and  passed  by  the  ^ 

board  of  town  auditors,  which  accounts  shall  be  openly  and 
distinctly  read  by  the  clerk  of  the  meeting ;  and  the  over- 
seers of  the  poor  shall  also  present  an  estimate  of  the  sum 
which  they  shall  deem  necessary  to  supply  any  deficiency  of 
the  preceding  year,  and  to  provide  for  the  support  of  the  poor 
for  the  ensuing  year.  (15) 

§  bb.  The  inhabitants  of  such  town  shall  thereupon,  by  a 
vote  of  a  majority  of  the  persons  qualified  to  choose  town  supp^t?^  "town 
officers,  determine  upon  the  sum  of  money  which  shall  be  fra7ed.^"'^  **** 
assessed  upon  the  said  tow^i  the  ensuing  year,  for  the  pur- 
pose aforesaid.  The  sum  so  voted,  when  raised  and  collect- 
ed, in  those  counties  where  a  county  poor-house,  or  other 
place  shall  have  been  provided  for  the  reception  of  the  poor, 
shall  be]  paid  to  the  county  treasurer,  and  by  him  placed 

(13)  1  R.  L.  200,  VN  28  &  30.        (14)  lb.  <»  30.        (15)  1  R.  L.  ^T,  ^  -23;  Laws  of  1817,  p  176, 

81 


642  POOR COMPENSATIOx\  TO  OVEHSEERS,  &C. 

to  the  credit  of  the  town;  in  all  other  counties,  the  sum  so 
voted  by  any  town,  shall  be  paid  to  the  overseers  of  the  poor 
thereof.(16) 


cities. 


ib.^  in  certain  §  50.  The  oversccrs  of  the  poor  in  the  cities  of  Albany, 
Hudson,  Troy  and  Schenectady,  shall  lay  their  books  before, 
and  render  their  accounts  to  the  common  councils  of  the 
said  cities  respectively,  from  time  to  time,  as  shall  be  requir- 
ed. The  common  councils  of  such  of  the  said  cities  as  shall 
be  liable  for  the  support  of  their  own  poor,  shall  yearly,  de- 
termine the  sum  of  money  to  be  raised  in  such' cities  respec- 
tively, for  the  support  of  the  poor  for  the  ensuing  year ;  a 
certified  copy  of  which  shall  be  laid  before  the  board  of  su- 
pervisors of  the  county,  who  shall  cause  the  same  to  be  as- 
sessed, levied,  collected  and  paid  to  the  county  treasurer.  (17) 

Compensation  to      R  57^  'J'^q  accouuts  of  ovcrsecrs  of  the  poor,  and  of  ius- 

overseers  and  "•  •  r  '  j 

justices.  tices  of  the  peace,  for  any  personal  or  official  services  ren- 

dered by  them,  in  relation  to  the  poor,  shall  be  audited  and 
settled  by  the  board  of  supervisors,  and  the  sums  thus  audit- 
ed iilnd  allowed,  shall  be  paid  by  the  county  treasurer  ;  and 
if  such  services  were  rendered  in  behalf  of  any  town  li'able 
to  support  its  own  poor,  the  same  shall  be  charged  to  such 
town.  No  allowance  for  time  or  services  shall  be  made  to 
any  officer  for  attending  any  board  with  any  accounts,  for 
the  purpose  of  having  the  same  audited  or  paid.   . 

Penalty  for  rn-      R  53.  j^Y^y  persou  who  shall  scnd,  carrv,  transport,  remove 

moving,  &c,pau-         i  J    i  '  .  7  1         7 

pers.  or  bring,  or  who  shall  cause  to  be  sent,  carried,  transported, 

brought,  or  removed,  any  poor  or  indigent  person,  from  any 
city,  town  or  county,  to  any  other  city,  town  or  county,  w:ithout 
legal  authority,  and  there  leave  such  poor  person,  with  intent 
to  make  any  such  city,  town,  or  county  to  which  the  removal 
shall  be  made,  chargeable  with  the  support  of  such  pauper,  or 
who  shall  entice  any  such  poor  person  so  to  remove,  with 
such  intent,  shall  forfeit  fifty  dollars,  to  be  recovered  by  and 
in  the  name  of  the  overseers  of  the  poor  of  the  town  to  which 
such  pauper  shall  be  brought  or  removed,  or  in  the  name  of 
the  superintendents  of  the  poor  of  the  county  into  which  the 
said  poor  person  shall  be  removed  ;  and  shall,  moreover  be 

(16)  1  R.  L.  287,  sec.  23  ;  Laws  of  1817,  p.  176.       ( 17)  lb.  sec.  24  &  28. 


POOR PROCEEDINCS  TO  COMPEL  StPPORT  OF.  643 

deemed  guilty  of  a  misdemeanor,  and  on  conviction,  shall  be 
imprisoned  not  exceeding  six  months,  or  fined  not  exceed- 
ing one  hundred  dollars,  or  both,  in  the  discretion  of  the  • 
court.  (18) 

§  59.  The  pauper  so  removed,  brouirht.  or  enticed,  shall  be     Proceedings  to 

,     ,  1  .        ^  -,  ^      ,  compel     support 

manitamed  by  tlie  count}^  supermtcndents  oi   the  county  of  a  pauper  re- 

1  1  1  rr«i  ■  •  •  •  1  r-  1  moved. 

where  ho  may  be.  1  hey  may  giVe  notice  either  oi  the  over- 
seers of  the  poor  of  the  town  from  which  he  was  brought  or  en- 
ticed, if  sach  town  be  liable  for  his  support ;  and  if  there  be  no 
town  in  the  county  from  which  he  was  brought  or  enticed,  lia- 
ble for  his  support,  then  to  either  of  the  county  superinten- 
dents of  the  poor  of  such  county,  informing  them  of  such  im- 
proper removal,  and  requiring  them  forthwith  to  take  charge 
of  such  paupca*. 

§  GO.  The  county  superintendents,  or  the  overseers  to  ^^'^^ 
whom  such  notice  may  be  directed,  shall  within  thirty  days 
after  the  service  thereof,  take  and  •  remove  the  pauper  so 
brougl#  or  enticed,  to  their  county  or  town,  and  there  sup- 
port him,  and  pay  the  expense  of  such  notice,  and  of  the 
support  of  such  pauper  ;  or  tlicy  shall,  within  the  said  time,  inability  how 
by  a  written  instrument  under  their  hands,  notify  the  county 
superintendents  from  whom  such  notice  was  received,  or 
cither  of  them,  that  they  deny  the  allegation  of  such  impro- 
per enticing  or  removal,  or  that  their  town  is  liable  for  the 
support  of  such  pauper. 

§  Gl.  If  there  shall  be  a  neglect  to  take  and  remove  such  Nepiect  to  con- 
pauper,  and  also  to  notify  such  denial,  within  the  time  above  *^^*' 
prescribed,  the  said  county  superintendents  and  overseers 
respectively,  whose  duty  it  was  so  to  do,  their  successors, 
and  their  respective  counties  or  towns,  shall  be  deemed  to 
have  acquiesced  in  the  allegations  contained  in  such  first 
notice,  and  shall  be  for  ever;  precluded  from  contesting  the 
.same  ;  and  their  counties  and  towns  respectively,  shall  be 
liable  for  the  expenses  of  the  support  of  such  pauper,  which 
may  be  sued  for  and  recovered,  from  time  to  time,  by  the 
county  superintendents  incurring  the  said  expenses,  in  actions 
against  the   superintendents  of  the  poor  of  the  county,  or 

(]R)  I.aws  of  1S17,  p.  w  ;  1821  p.  385,  scr.  9  ;   182.5,  p.  283;  1827,  p.  2j5. 


644  POOR PROCEEDINGS  TO  COMPEI/  SUPPORT   OF. 

the  overseers. of  the  poor  of  the  town,  as  the  case  may  be, 
SO  liable  for  such  expenses. 

sjijt  when  tob«  §  62.  Upon  the  service  of  any  such  notice  of  denial  the 
county  superintendents  upon  whom  the  same  may  be  served, 
shall,  w^ithin  three  months,  commence  a  suit  against  the  over- 
seers of  the  poor  of  the  town,  or  the  county  superintendents 
of  the  poor  of  the  county,  to  whom  the  first  notice  was  di- 
rected, or  against  their  successors  in  office,  for  the  expenses 
incurred  in  the  support  of  such  pauper,  and  shall  prosecute 
the  same  to  effect ;  if  they  neglect  to  do  so,  they,  their  suc- 
cessors, and  their  county,  shall  be  for  ever  precluded  from  all 
claim  against  the  county  or  town  to  whose  officers  such  first 
notice  was  directed,  or  any  of  their  officers,  for  any  expenses 
that  may  have  been,  or  may  be,  incurred  for  the  support  of 
such  pauper. 

Penalty  on  super-      §  63.  Everv  couutv  Superintendent  who  shall  nefflect  to 

intendents  for  \  ''  -  r  ,       ,  ,      ^  • 

neglect  to  render  render  any  account,  or  statement,  to  the  board  oi  supervisors, 

accounts,  &;c.  ,    ''  .  .  ^.   ,  .         , 

as  herem  required,  or  to  pay  over  any  monies,  wil^n  the 
time  prescribed  by  law,  shall  forfeit  two  hunflrcd  and  fifty 
dollars,  to  be  sued  for  and  recovered  by  and  in  the  name  of 
the  county  treasurer.  The  superintendents  shall  also  be  lia- 
.ble  to  an  action,  either  jointly,  or  severally,  by  the  county 
treasurer,  for  all  monies  which  shall  be  in  their  lands  after 
the  time  the  same  should  have  been  paid  over  according  to 
law,  with  interest  thereon,  at  the  rate  of  ten  dollars  upon  the 
hundred  for  a  year,  from  the  time  when  the  same  should  have 
been  paid  over. 

Payment  over  of  §  65.  All  penalties  imposcd  by  this  Title,  shall  be  for  the 
thSr  application,  benefit  of  the  poor  ;  when  recovered,  they  shall  be  paid  to 
the  county  treasurer,  and  by  him  credited  to  the  town  by 
whose  officers  they  have  been  collected,  if  such  town  be 
liable  for  the  support  of  its  own  poor,  or  to  the  county,  when 
collected  by  the  county  superintendents ;  if  not  paid  by  the 
persons  collecting  the  same,  when  demanded  by  the  county 
treasurer,  he  may  maintain  an  action  therefor,  in  his  name  of 
office. 

Overseers  to  sue      §  6G.  Whenever  it  shall  be  made  to  appear  to  the  satisfac- 
rpen  ties.      ^.^^^  ^^  ^^^  overseor  of  the  poor,  either  upon  complaint,  or 


POOR ALLOWANCE  TO  OVERSEERS  OP.  645 

Otherwise,  that  a  penalty  has  been  incurred  by  the  violation 
of  any  provisions  contained  in  the  statutes  of  this  state, 
which  such  overseer  is  directed  by  law  to  collect,  it  shall  be 
his  duty  immediately  to  commence  a'  suit  for  such  penalty, 
and  to  prosecute  the  same  diligently  to  effect.  (20) 

§  G7.  In  auditing  the  accounts  of  the  overseers  of  the  poor,  for^rnSSl 
by  the  board  of  town  auditors,  allowance  .shall  be  made  to 
them,  for  all  costs  to  which  they  may  have  been  subjected, 
or  w^iich  shall  have  been  recovered  against  them,  in  any 
suit  brought  by  them  pursuant  to  law ;  and  they  shall  also 
be  allowed  the  same  daily  pay,  for  attending  to  any  such  suit, 
as  is  allowed  them  for  the  performance  of  their  ofiicial 
duti4.(20) 

§  68.  Such  allowances  may  be  credited  to  them,  in  their         ibirf- 
accounts  for  monies  collected  for  penalties,  and  may  be  de- 
ducted from  such  monies  ;  and  the  balance  of  such  penalties 
shall  be  paid  to  their  successors  in  office,  or  to  the  county 
treasurer,  as  directed  by  law,  in  respect  to  such  penalties. (20) 

§  69.  If  there  be  not  sufficient  monies  in  their  hands  to         i^id. 
satisfy  such  allowances,  the  same  shall  be  paid  as  other  town 
charges.  (20) 

§  70.  Where,  by  the  existing  laws,  any  poor  persons  are  certain  paupora. 
maintained  by  any  county,  or"  by  two  or  more  tow^ns,  they 
shall  continue  to  be  so  maintained.  (21) 

§  71.  Where,  by  virtue  of  any  special  act  of  the  Icgisla-  Townpoor- 
ture,  any  one  or  more  towns  have  erected  a  town  poor-house, 
the  same  shall  be  continued,  and  the  poor  of  such  towns  re- 
spectively, may  be  supported  therein  by  the  overseers  of  the 
poor  of  the  town.  (22) 

^  72.  Every  poor-house,  alms-house,  or  other  place  pro-  Poor-houaos.,  &c. 

^  •'    ^  ^        ,        -^  exempt  trom 

vidcd  by  any  city,  town  or  county,  for  the   reception  and  taxes, 
support  of  the  poor,  all  real  and  personal  property  what- 
ever, belonging  to  or  connected  with  the  same,  shall  be  ex- 
empt from  all  assessment  and  taxation,  levied  either  by  the 
state,  or  by  any  county,  city,  town  or  village ;  and  the  keeper 

(20)  Laws  of  1820,  p.  30,  sec.  1  &  4.   (21)  1  R,  L.  p.  292,  sec.  32.    (22)  Laws  of  1820, 
p.  102 ;  1821,  p.  243 ;  1^22,  p.  138 ;  1823,  p.  286. 


I 


64G 


POOR REPORTS  OP,  &C. 


of  every  poor-house,  /alms -house,  or  other,  place  provided  a,s 
Keepers  exempt  aforesaid,  shall  be  exempt  from  all  service  in  the  militia, 

/rom  juries,  &c.  _  .       ,  . 

from  serving  on  juries,  and  from  all  assessments  for  labor  on 
the  highways. (23) 


Idiots  and  luna- 
tics. 


§  73.  In  those  counties  where  county  poor-houses  may  be 
established,  the  superintendents  may  provide  for  the.  sup- 
port of  paupers  ti^it  may  be  idiots,  or  lunatics,  out  of  such 
poor-house,  in  such  manner  as  shall  best  promote  the  inter- 
ests of  the  county,  and  conduce  to  the  comfort  and  recovery 
of  such  paupers. 


Invested  poor 
niunies. 


§  74.  Whenever  any  town  shall  have  any  monies  raised 
for  the  support  of  the  poor,  invested  in  the  name  of  the  over- 
seers of  the  poor  of  such  town,  the  said  overseers  shall  con- 
tinue to  have  the  control  thereof,  and  shall  apply  the  inter- 
est arising  •  therefrom,  to.  the  support  of  the  poor  of-  their 
town,  so  long  as  such  town  shall  be  liable  to  support  its  own 
poor;  and  if  the  town  shall  be  relieved  fr^rn  the  liability  to 
support  its  own'  poor,  by  a  vote  of  the  supervisors  of  the 
county,  the  monies  so  raised  and  invested  shall  be  applied 
to  the  payment  of  such  taxes  upon  the  town,  as  the  inhabit- 
ants thereof  shall,  at  an  annual  town  meetiuG:,  determine. 


Reports  by  coun-      R  75^  jj;  g|ia[i  \^q  the  dutv  of  the  Superintendents  of  the 

ty     suporintenrt-  ■'  •^  >■ 

<=nts  to  secretary  p^^j.  Qf  every  c.ouuty  in  this  state,  during  the  month  of  De- 
cember, in  each  year,  to  report  to  the  secretary  of  state,  in 
such  form  as  he  shall  direct,  the  number  of  paupers  that 
have  been  relieved  or  supported  in  such  county  the  preced- 
ing year,  distingmshing  the  number  of  county  paupers  froni  the 
number  of  town  paupers,  if  any  ;  the  whole  expense  of  such 
support,  specifying  the  amount  paid  for  transportation  of 
paupers,  and  any  other  items  which  do  not  compose  any 
part  of  the  actual  expense  of  maintaining  the  paupers,  and 
the  allowance  made  to  superintendents,  overseers,  justices, 
keepers  and  officers  ;  the  actual' value  of  the  labor  of  the 
paupers  maintained,  and  the  estimated  amount  saved  in  the 
expense  of  their  support,  in  consequence  of  their  labor. 


Reports  by  super.      §  76.  It  snall  be  the  duty  of  the  supervisors  of  every  town 

visors  of  towns  ^  •  1  n     1  1 

supporting  their  m  thosc  counttcs  whore  all  the  poor  are  not  county  charge,  to. 
report  to  the  clerk  of  the  board  of  supervisors,  within  fifteen 

(23)  Laws  of  1826,  p.  7. 


POOR— REPORTS  OF,  &C.  ^^^ 

days  after  the  accounts  of  the  overseers  of  the  poor  have 
been  settled  by  the  board  of  town  auditors,  in  each  year,  an 
abstract  of  all  such  accounts  for  the  preceding  year,  which 
shall  exhibit  the  number  of  paupers  that  have  been  relieved 
or  supported  in  such  town,  the  preceding  year,'  specifying 
the  number  of  county  paupers,  and  of  tow^n  paupers,  the 
whole  expense  of  such  support,  and  specifying  the  allow-, 
ance  made  to  overseers,  justices,  constables,  or  other  officers, 
and  any  other  items  which  shall  not  comprise  any  part  of  the 
actual  expense  of  maintaining  the  paupers. 

§  77.  The  said  abstracts  shall  be  delivered  by  the  clerk  of  ^pe^viscl'rs.'^^  ° 
the  board  of  supervisors,  to  the  county  superintendents,  to 
be  included  by  them  in  their  report  aforesaid. 

§  78.  Any  superintendent,  supervisor,  or  clerk,  wdio  shall  penalty  for  wr- 

,  „,  ,  xixx  •        lect,  aiidtortalso 

neglecli  or  rciuse  to  make  such  reports,  abstracts,  or  copies  support, 
aforesaid,  or  who  shall  wilfully  make  any  false  report,  ab- 
stract, or  copy,  shall  forfeit  one  hundred  dollars,  to  be  re- 
covered by  the  district  attorney  of  the  county,  in  the  name 
of  the  people  of  this  state,  and  to  bo  paid  into  the  county  trea- 
sury, for  the  benefit  of  the  poor  thereof.  The  secretary  o^ 
state  shall  give  notice  to  the  district,  attorney  of  the  county, 
of  every  such  neglect  or  misconduct;  and  it  shall  be  the  duty 
of  the  district  atto^'ney,  on  receiving  such  notice,  or  in  any 
way  receiving  satisfactory  information  of  such  neglect  or 
misconduct,  to  prosecute  for  the  recovery  of  such  penalties. 

§  79.  The  secretary  of  state  shall  annually  lay  before  the  Rf^portshysecre- 

1      •  1  ^        •/  lary  ol.state. 

legislature,  during  the  first  month  of  its  session,  an  abstractof 
the  said  returns  and  reports. 


648  POOR. 

Sect.  1.  Poor  monies  how  to  be  appropriated. 

2.  School  fund. 

3.  .Money  and  securities  lobe  delivered  to  school  commissioners, 

4.  Suit  by  whom  brought.      ' 
.  5.  Permanent  school  fund. 

6.  Loans  on  bond  and  mortgage. 

7.  Foreclosure  of  mortgage. 

8.  Interest  how  a'pplied. 

9.  Commissioners  to  account  annually. 

10.  Disqualification  to  hold  office  of  superintendent  of  the  poor. 

11.  Penalty  for  bringing  paupers  in  the  state. 

12.  Penalties  how  applied. 

13.  Repeal  of  ^  G4  of  laws  for  the  relief  and  support  of  indigent  persons. 

14.  Pauper  children  to  be  taught. 

15.  Expense  by  whom  to  be  borne. 

AN  ACT  relatwe  to  Monies  iu  the  hands  of  the  Overseers  of 

the  Poor. 

Passed  April  27,  1829.    Chap.  287,  p.  420. 

Money  how  to^bc  §  1.  It  sliall  be  lawfuI  for  the  inhabitants  of  any  town  in 
such  counties  as  have  ujjolished  the  distinction  between 
county  and  town  paupers,  and  in  such  counties  as  may  here- 
after abolish  such  distinction,  at  any  annual  or  spcciaf  town 
meeting  to  appropriate  all  or  any  part  of  the  monies  and 
funds  remaining  in  the  hands  of  the  overseers  of  the  poor  of 
such  town  after  such  abolition,  to  sucK  objects,  and  for  such 
purposes,  as  shall  be  determined  on  at  such  meeting. 

School  fund.  §  2.  If  any  such  meeting  shall  appropriate  such  money 
or  funds  for  the  benefit  of  common  schools  in  their  town,  the 
money  so  appropriated  shall  be  denominated  "  the  common 
school  fund  of  such  towil,"  and  shall  be  under  the  care  and 
superintendence  of  the  commissioners  of  common  schools  of 
said  town. 

Money  and  seen-  §3.  If  any  such  meeting  shall  appropriate  such  money 
ered  to^scholf/'^'  or  fuuds  for  thc  benefit  of  common  schools,  after  such  appro- 
p0ation  shall  have  been  made,  and  after  the  commissioners 
of  common  schools  shall  have  taken  the  oath  of  office,  the 
overseers  of  the  poor  of  such  towns  shall  then  pay  over  and 
deliver  to  the  said  commissioners,  such  monies,  bonds,  mort- 
gages, notes  and  other  securities,  remaining  in  their  hands  as 
such  overseers  of  the  poor,  as  will  comport  with  the  appro- 
priation made  for  the  benefit  of  common  schools  of  their 
town. 


commissioners. 


Suits. 


§  4.  The  said  commissioners   of  common  schools   may 
sue  for  and  collect  in  their  name  of  ofhce,  the  money  due  or 


POOR. 

to  become  due  on  such  bonds,  mortgages,  notes  or  other  se- 


curities, and  also  all  other 
the  provisions  of  this  act. 


securities  by  them  taken  under 


649 


§  5.  The  monies,  bonds,  mortgages,  notes  and  other  se- 
curities aforesaid,  shall  continue  and  be  a  permanent  fund,  to 
be  denominated  the  common  school  fund  of  the  town  appro- 
priating the  same,  the  annual  interest  of  which  shall  be  ap- 
plied to  the  support  of  common  schools  in  such  towns,  unless 
the  inhabitants  of  such  town,  in  annual  town-meeting,  shall 
make  a  difierent  disposition  of  the  whole  of  the  principal  and 
interest,  or  any  part  thereof,  for  the  benefit  of  the  common 
schools  of  such  town. 


Permanent 
scliool  fundi 


§  G.  The  said  commissioners  of  common  schools  when- 
ever the  whole  or  any  part  of  the  principal  of  said  fund  shall 
come  to  their  hands,  shall  loan  the  same  on  bond,  secured  by 
a  mortgage  on  real  estate  of  double  the  value  of  the  monies 
so  loaned,  exclusive  of  buildings  or  artificial  erections 
thereon. 


Loans  on  l)ond 
and  mortgage. 


§  7.  The    said  commissioners  of  common  schools   may   foreclosure  of 

''  mortgage. 

purchase  in  the  estate  on  which  the  fund  shall  have  been  se- 
cured,^ upon  the  foreclosure  of  any  mortgage,  and  may  hold 
and  convey  the  same  for  the  use  of  said  fund. 

§  8.  The    said  commissioners  of  common  schools  shall  ^"^be'appS.  ^° 
retain  the  interest  of  said  common  school  fund,  which  shall 
be  distributed  and  applied  to  the  support  of  common  schools 
of  such  town,  in  like  manner  as  the  public  money  for  the  sup- 
port of  common  schools  shall  be  distributed  by  law. 

§  9.  The  said    com.missioncrs  of  common  schools   shall   Commissioners 
account  annually,  in  such  manner  and  at  such  time  as  town-  J;;,^"^""^  ^"""■ 
officers  are  required  by  law  to  account,  and  shall  deliver  to 
their  successors  in  office  all  monies,  books,  securities  and 
papers  whatsoever,  relating  to  said  fund,  and  shall  take  a 
receipt  therefor,  and  file  the  same  with  the  town  clerk. 

82 


650  POOR. 

AN  ACT  relative  to  the  Office  of  Superintendent  of  the  Poor. 

Passed  May  2,  1829.     Chap.  352,  p  538. 

10.  §  1.  No  supervisor  of  any  town,  or  county  treasurer, 
shall  be  appointed  to  hold  the  office  of  superintendent  of  the 
poor  in  any  county  in  this  state. 


CHAP.  CCLXXVII. 

AN  ACT  to  amend  the  Act  for  the  Relief  and  Support  of 
Indigent  Persons.  Part  First,  Chapter  Twenty,  Title 
First. 

Passed  April  25,  1831. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
Penalty:  11.  §  1.  Any  person -who  shall  bring  or  remove,  or  cause 

to  be  brought  or  removed,  any  poor  or  indigent  person,  from 
any  place  without  this  state,  into  any  county  or  town  within 
it,  and  there  leave  or  attempt  to  leave  such  person,  with  in- 
tent to  make  such  county  or  town  chargeable  with  the  sup- 
port of  such  pauper,  he  shall  forfeit  and  pay  fifty  dollars,  to 
be  recovered  before  any  justice  of  the  peace  of  t^e  county 
into  which  such  pauper  shall  be  brought,  to  be  sued  f(^  and 
recovered  by  and  in  the  name  of  the  superintendents  of  the 
county  poor  of  said  county,  or  by  the  overseers  of  the  poor 
of  the  town  into  which  such  pauper  shall  be  brought ;  and, 
moreover,  shall  be  obliged  to  convey  such  pauper  out  of  the 
state,  or  support  him  at  his  own  expense  ;  and  it  shall  be 
lawful  for  the  justice  before  whom  any  person  shall  be  con- 
victed for  a  violation  of  this  act,  to  require  of  such  person 
satisfactory  security  that  he  will,  within  a  reasonable  time, 
to  be  named  by  the  justice,  transport  such  pauper  out  of  the 
state,  or  indemnify  the  town  or  county  for  all  charges  and 
expenses  which  may  be  incurred  in  the  support  of  such  pau- 
per ;  and  if  such  person  shall  refuse  to  give  such  security 
when  so  required,  it  shall  be  the  duty  of  the  justice  to  com- 
mit him  to  the  common  jail  of  the  county,  for  a  term  not  ex- 
ceeding three  months. 

How  applied.  12.  §  2.  All  penalties  recovered  under  this  act,  shall  be  ap- 
plied as  directed  in  the  sixty-fifth  section  of  the  law  hereby 
amended. 


POUNDS.  fl51 

13.  §  3.  The   sixty- fourth   section  of  title   first,  chapter      Repeal, 
twenty,  first  part  of  the  Revised  Statutes  is  hereby  repealed. 


to  be 
ht. 


14.  ^4.  The  superintendents  of  the  county  poor-houses  ^'"tau" 
which  now  are  or  hereafter  may  be  established  by  law,  are 
hereby  required  to  cause  all  county  and  town  paupers,  over 

the  age  of  five  and  under  the  age  pf  sixteen  years,  who  now 
arc  or  hereafter  may  be  in  said  poor-houses,  to  be  taught  and 
educated,  in  the  same  manner  as  children  are  now  taught  in 
the  common  schools  of  this  state,  at  least  one-fourth  part  of 
the  tim^  the  said  paupers  shall  remain  in  said  poor-houses. 

15.  §  5.  The  expense  of  teaching  and  educating  the  said     Expense, 
paupers,  shall  be  paid  by  the  counties  and  towns,  in  the  same 
manner  as  other  contingent  charges  are  paid  for  the  support 

of  said  paupers. 

16.  §  6.  It  shall  not  be  lawful   for  the  trustees  of  any  nomo  be  return 

^  ^  *'   pci  111  school  re- 

school  district  to  include,  in  their  annual  returns,  the  names  i^'"'" 

of  any  children  who  are  supported  at  a  county  poor-house. 


[Thirty-Sixth  Session.— Vol  2,  p.  125.] 

Sect.  I.  Pounds  to  be  kept  in  each  city  and  town,  and  pound  masters  appointed. 
■     2.  Pound  masters'  fees,  and  ^p\v  collected. 

CHAP.  XXXV.— («.  /..) 
AN  ACT  relative  to  Duties  and  Privileges  of  Towns. 

Passed  March  19,  1813. 

1.  §  XXI.  And  be  it  further  enacted,  That  there  shall  be  Pounds  to  he  kept 

•-  in  6cicn  ciiy  ^nu 

made  and  kept  one  or  more  sufficient  pounds  in  each  city  ^"^"• 
and  town  of  this  state,  and  that  it  shall  and  may  be  lawful  com.  council  of 
for  the  common  councils  of  the  several  cities  of   New- York,  nvTnd Hudson ?o 
Albany  and  Hudson,  from  time  to  time  to  appoint  keepers  of  SL"!  ''*'"" 
the  pounds  of  their  respective  cities,  who  shall  hold  their  of- 
fices during  the  pleasure  of  the  said  common  councils  respec- 
tively, and  that  the  said  respective  keepers  of  the  said  pounds 
and  the  respective  pound-masters  in  each  town  may  take, 


Q52  POUNDS. 

for  all  beasts  that  shall  be  put  into  the  pound  of  which  he  is 
keeper  or  master,  the  following  fees,  to  wit :  for  taking  in 

pound^masters*   g^^^j  discharging  evcry  horse,  gelding,  mare  or  colt,  and  all 
neat  cattle  twelve  and  a  half  cepts  each,  and  for  every  sheep 
or  lamb  three  cents,  and  for  every  hog,  shoat  or  pig  six  cents 
which  fees  shall  be  paid  to  the  said  keeper  or  pound-master 

wSinol"c'^paid.  by  the  owner  of  the  beasts  impounded  or  some  person  for 
him,  before  the  said  beasts  shall  be  released  from  such  pound, 
unless  the  keeper  or  master  of  such  pound  shall  otherwise 
agree  concerning  the  same,  and  if  the  owner  of  any  Beasts 
impounded  for  doing  damage  shall  not  pay  the  damage  and 
the  fees  of  the  keeper  or  master  of  the  pound,  with  reasona- 
ble charges  for  keeping  and  feeding  them,  not  exceeding  three 
cents  for  each  beast  for  every  twelity-four  hours,  such  beast 
shall  be  impounded  and  fed,  within  six  days  after  such  beast 
shall  be  impounded,  or  replevy  the  same  beasts,  then  it  shall 

If  not  paid,  how  ^q  jawful  for  sucli  keeper  or  master  of  such  pound  to  sell 

and  wheu  to  be  ... 

^^^'  such  beast  at  public  vendue,  givnig  at  least  forty-eight  hours 

previous  notice  of  such  sale,  by  advertisement  to  be  set  up 

at  the  said  pound,  and  at  the  nearest  public  place  to  the  said 

pound,  and  out  of  the  monies  arising  from  such  sale  to  pay 

the  said  damages  and  retain  in  his  hands  his  fees  and  charges 

of  feeding  and  keeping  the  same  beast  and  of  such  sale,  and 

Surplus  to  be   rctum  tlic  ovcrplus  to  the  owner  of  the  same  beast,  and  if  no 

^rrVoownrrl'i)-  such  owucr  shall  appear  and  claim  such  overplus  within  six 

5ft" 'saklThen  Calendar  months  after  such  sale,  the  same  shall  be  paid  to  the 

the^use%t^%he  ovcrsccrs  of  the  poor  of  the  city  or  town  where  such  beast 

poor  of  the  town.  ^^^^  impounded  for  the  use  of  the*poor  of  such  city  or  town. 


PROFANE  CURSING  AND  SWEARING.  653 

Revised  Statutes,  Vol  \,j).  673. 

PROFAZiE  CURSIXG  A:^I>  SWEARING. 

ARTICLE  SIXTH. 

OF  PROFANE  CUHSIXG  AND  SWEARING.* 

Sect.  61,  62.  Penalty  for  profane  swearing  ;  v/hen  summary  conviction  to  be  made. 
G3.  Proceedings  if  penalty  be  not  paid  or  secured. 

§  Gl.  Every  person  v/ho  shall  profanely  curse  or  swear  f.^ne^^^JJarj^^T 
shall  forfeit  one  dollar  for  every  offence  ;  if  the  offence  be  ^^^^y^^^^ 
committed  in  the  presence  and  hearing  of  any  justice  of  the 
peace,  mayor,  recorder  or  aldermen  of  any  city,  while  hold- 
ing a  court,  a  conviction  of  the  offender  shall  be  immediately 
made  by  such  magistrate,  without  any  other  proof  whatso- 
ever. (90) 

§  62.  And  if,  at  any  other  time,  the  offence  be  committed  ih.  other  cases, 
in  the  presence  and  hearing  of  such  justice,  mayor,  recorder 
or  alderman,  under  such  circumstances,  as  in  the  opinion  of 
the  magistrate,  to  amount  to  a  gross  violation  of  public  de- 
cency, such  magistrate  may,  in  his  discretion,  convict  the  of- 
fender without  other  proof.  (90) 

§  63.  If  the  offender  do  not  forthwith  pav  the  penalties  in-  Proceedings  if 

,  penalty  be  not 

curred,  with  the  costs,  or  give  security  for  their  payment  paid  or  secured. 
within  six  days,  he  shall  be  committed  by  warrant  to  the  com- 
mon jail  of  the  county  for  every  offence,  or  for  any  number 
of  offences  whereof  he  w^as  convicted,  at  one  and  the  same 
time,  for  not  less  than  one  day,  nor  more  than  three  days, 
there  to  be  confined  in  a  room  separate  from  all  other  pri- 
soners. (90)     -^ 

*  An  act  was  passed  as  early  as  the  ISili  of  September,  1708,  ajrainst  the  detestable  vice  of 
cursing  and  swearing.  The  preamWi-  to  the  statute  recites,  that "  whereas  profaneness  and 
immorality  have  too  much  abounded  within  this  colony,  to  the  .shame  of  Christianity  and 
the  great  grief  of  all  good  and  sober  men  ;  for  the  suppressing  whereof  for  the  future,  the 
statute  declares,  that  all  persons  who  sliall  be  convicted  of  cursing  and  swearing  ehall  be 
fined  three  shillings,  which  may  be  levied  by  distress,  and  if  nothing  to  distrain  can  be  found, 
the  offender  to  be  committed  to  the  stocks.  The  act  continued  to  be  the  law  of  the  colony 
until  the  revolution.  An  act  was  passed  by  the  legislature  of  the  state,  February  25, 1788,  J, 
&  V.  vol.  2,  p.  2.'57,  adopting  the  above  provisions  with  some  slight  variations.  It  directs 
that  persons  above  the  age  of  sixteen  years,  wlio  do  not  pay  their  fines,  to  be  put  in  the  stocks, 
and  those  under  that  age  the  parent  or  master  shall  pay  it  for  them.  This  provision  is  incor 
porated  in  the  Revision  of  the  Laws  by  Kent  and  Rad.  vol.  1,  224,  and  also  in  the  Revision  of 
181.1,  vol.  2,  195. 

'^'0^  2  Rev.  Law5,  p.  195,  section  6;  7,  8. 


L 


654  PUBLIC  HEALTH— OFFICERS  or. 

PROVI^IOJVS. 

PUTRID    OR    UNSOUND,    HOW    DESTROYED. 

1.  Unsound  beef  hides,  skins.  &c.  when  and  how  destroyed. 

Act  to  Reduce,  ^c.  1813. — 2  Revised  Laws,  p.  448. 
Unsound  beef        1.  R  261.  And  he  it  further  enacted,  That  whenever  any 

&c.  when  and  ^  ./  .         ' 

hovr  destroyed,  putrid  01'  imsouiid  bccf,  poi'Iv,  fish,  hidcs  or  skms  of  any  kind, 
shall  be  found  within  the  said  city,  it  shall  be  lawful  for  the 
said  mayor,  aldermen  and  commonalty,  or  any  one  of  the  in- 
spectors of  those  articles,  or  any  of  them,  or  any  person  or 
persons  acting  under  them  or  any  of  them,  to  cause  the  same 
to  be  destroyed,  by  starting  it,  or  casting  them  into  the 
streams  of  the  East  or  Hudson's  rivers,  below  low  water 
mark,  and  at  a  suitable  distance  from  the  shore,  or  in  such 
other  manner  as  the  said  mayor,  aldermen  and  commonalty, 
shall  or  may  from  time  to  time  direct. 


Board  of  health. 


PrBIilC  HEAIiTH-Officcrs  of. 

Revised  Statutes,   Vol.   1,  p.  422. 

CHAP.  XIV. 

OF    THE    PUBLIC    HEALTH.* 

Title  1.— Of  the  officers  of  heaUh  in  the  city  of  New-York. 

Title  2.— Of  quarantine,  and  regulations  in  the  nature  of  quarantine,  at  the  port  of  New- 
York. 

Title  3.— Internal  regulations  for  the  preservation  of  the  public  health  in  the  city  of  New- 
York. 

Title  4. — Of  the  marine  hospital  and  its  funds. 

Title  5.— General  provisions  applicable  to  the  city  of  New- York. 

TITL.E  1. 

OF    THE    OFFICERS    OF    HEALTH    IN    THE    CITY    OF    NEW-YORK. 

Sect.  1,  2.  Roard  of  health  continued  ;  president  and  members  how  appointed,  &c. 
3.  Who  comniissioners  of  health. 

4,5.  Duties  of  health  otiicer;  power  to  appoint  assistant. 
6—11.  Duties  of  resident  physician  and  health  commissioner. 
12, 13.  Salaries  and  fees  of  c  ommissioners  of  health  and  health  officer. 
14.  Consulting  physicians  how  appointed,  and  duties. 
15, 16.  Inspectors  of  health  how  appointed  ;  their  fees  and  duties. 

§  1.  There  shall  continue  to  be  a  Board  of  Health  in  the 
city  of  New- York,  of  which  the  mayor  shall  by  right  of 

*  Various   cnactmenls   have  from    time  (o  time  been  made,  both  by  (he  colonial 
assembly  and  the  legislalure  of  the  state,  in  relation  to  the  bringing  in  and  spreading 


PUBLIC    HEx\LTH— COMMISSIONERS  OF. 

office  be  president,  and  the  members  of  which  shall,  from 
time  to  time,  be  appointed  by  the  common  council  of  the 
city.(l) 


G55 


§  2.  In  case  the  mayor  shall,  from  any  cause,  be  unable 
to  attend  to  the  discharge  of  his  duties  as  a  health  officer, 
the  board  of  health  may  choose  one  of  their  own  number  as 
president,  who  shall  possess  all  the  powers  and  perform  all 
the  duties  of  the  mayor  under  this  Chapter. 


Ibid. 


3.  The  health  officer,  resident  physician,  and  health  com-   commissioners 


missioncr  of  the  citv,  shall  be  the  commissioners  of  health. 


of  health. 


§  4.  The  health  officer  shall  perform  all  the  duties  hereaf-    Health  officer, 
ter  specified  in  this  Chapter,  and  such  other  duties  as  the 
board  or  commissioners  of  health  shall  lawfully  require. 

§  5.  The  health  officer  may  appoint  an  assistant,  for  whose  [his  assistant, 
conduct  he  shall  be  reponsible,  and  who  may  perform  all  the 


of  infectious  diseases,  as  may  be  seen  by  a  reference  to  the  list  of  acts  in  this  volume. 
Few  sul)jpcts  have  enj^rossed  a  greater  share  of  lef^islative  attention.  And  as  the  pro- 
cess of  abrogation,  alteration  and  amendment  which  has  heretofore  been  applied  to 
our  quarantine  regulations  will  probably  continue,  it  is  hoped  the  following  note,  ex- 
tracted from  the  work  of  the  patriotic  and  benevolent  Howard,  of  the  quarantine  laws 
of  Venice,  which  are  supposed  to  be  the  most  perfect  regulations  upon  tho  subject 
that  are  to  be  found  in  any  oiher  ciiy  of  Europe  will  not  be  useless,  and  may,  it  is 
expected,  throw  out  some  hints  that  may  lead  to  a  mcie  perfect  organization  of  this 
department  of  internal   police  ; 

"The  rules  and  tariffs  of  other  lazarettos  in  Europe  haviog  been  evidently  formed 
from  (hose  established  at  Venice,  I  shall  be  more  particular  in  my  account  of  the 
regulations  here  for  performing  quarantine. 

"  The  following  account  has  been  for  the  most  part  copied  from  the  sketch  of  art 
information  sent  to  our  government  in  1770,  the  perusal  of  which  I  owe  to  the  favor 
of  Mr.  Richie,  our  consul  at  Venice.  I  carefully  exammed  this  sketch  during  mj 
quarantine  of  forty-two  days,  and  I  have  given  it  with  a  few  corrections  and  ob- 
servations." 

"Hea/.tii  Office. — The  health  office  at  Venice  was  instituted  by  a  decree  of  the 
senate  in  1448,  in  the  midst  of  a  very  destructive  pestilence,  and  afterwards  con- 
firmed and  regulated  by  various  subsequent  decrees  till  reduced  to  the  excellent 
order  in  which  it  stands  at  present.  This  important  office  is  governed  by  thr^e  com- 
missioners annually  chosen  by  the  senate,  whose  duly  it  is  to  attend  every  day  to  the 
business  of  the  office;  and  to  them  are  added  two  assistant  commissioners,  and  two 
extraordinary,  who  formerly  served  as  junior  commissioners,  and  are  gentlemen  of  wis- 
dom and  experier)ce.  These  last  take  their  seats  at  the  board  when  they  think  it  re- 
quisite, or  when  cases  of  difficulty  and  danger  require  their  counsel.  The  power  or 
authority  of  this   court  is  very  extensive  ;   for  when  all  the  seven  magistrates  sit  to- 

(1)  This  chapter  was  compiled,  with  various  alterations  and  additions,  from  the  following 
statutes  ;  Laws  of  1823,  p.  04  ;  1824,  p.  18,  ^  2  ;  1827,  p.  139,  ^  24  to  33. 


056  PUBLIC  HEALTH— COMMISSIONERS  of. 

duties  required  of  the  health  officer.  Such  assistant,  before 
he  shall  enter  on  the  duties  of  his  office,  shall  take  the  oath 
prescribed  in  the  constitution  of  this  state. 


Resident  physi-  §  6.  Tlic  resident  physician  shall  visit  all  sick  persons  re- 
ported to  the  mayor,  or  to  the  board  or  commissioners  of 
health,  and  shall  perform  such  other  duties  as  the  board  of 
health  shall  enjoin. 

sioner.  7.  The  health  commissioner,  under  the  direction  of  the 

board  of  health,  shall  assist  the  resident  physician  in  the  dis- 
charge of  his  official  duties. 


lb.  to  give  bend. 


§  8.  He  shall  also  receive  all  monies,  appropriated  to  the 
use  of  the  marine  hospital,  aftd  shall  pay  all  demands  against 
the  hospital  that  shall  be  approved  by  a  majority  of  the  com- 
missioners of  health  ;  and  before  he  shall  enter  on  the  duties 
of  his  office,  shall  execute  a  bond  in  the  penal  sum  of  five 
thousand  dollars,  conditioned  for  the  faithful  performance  of 
his  trust,  and  with  such  sureties  as  the  m.ayor  or  recorder  of 
the  city  shall  approve.  The  bond  shall  be  given  to  the  peo- 
ple of  this  state,  and  be  filed  by  the  officer  taking  it,  in  the 
office  of  the  clerk  of  the  city  and  county. 

gother,  (heir  judgments  are  decisive  and  withou!  appeal,  as  well  in  civil  as  iacrlminal 
affairs  that  relate  to  public  health,  ail  which  fall  under  their  cognizance ;  by  which 
means  this  court  is  one  of  the  most  respectable  in  the  government,  and  accordingly 
is  always. filled  hy  persons  of  approved  integrity  and  reputatio;i,  and  in  easy  circum- 
stances; In  order  to  be  less  exposed  to  corruption,  as  their  emoluments  are  very  small, 
although  it  is  a  step  towards  more  lucrative  employments.  I  shall  not  enter  into  an 
elaborate  description  of  every  particular  circumstance  relative  to  this  office,  only  so 
far  as  is  necessary  to  form  an  idea  of  it^s  regulations  and  order,  in  the  expurgation  of 
merchandise,  or  passengers  coming  from  places  suspected  of  pestilential  infection. 
I  shall  therefore  take  notice  of  the  office  ilsolf,  the  duty  and  authority  of  its  magis- 
trates, ice.  afterwards  successively  give  a  particular  account  of  the  lazaretto?,  priors 
of  lazarettos,  guardians  of  health,  messengers,  porters,  the  method  of  receiving 
captains  of  ships  from  suspected  places,  taking  their  report.",  quarantine  of  passen- 
gers, and  expurgation  of  goods  in  the  lazaretto^  taking  nofice  occasionally  of  other 
circumstances  of  less  moment  which  have  a  relation  to  and  cormection  with  those 
above  mentioned." 

The  court  is  always  attended  by  a  secretary,  who  is  a  notary  public,  advocate 
fiscal,  and  several  clerks,  wlio  are  for  life  or  good  behaviour,  and  have  their  respec- 
tive salaries.  The  priors  of  the  laznretlos  are  subjected  to  this  board,  as  are  the 
guardians  of  health,  and  messengers,  whose  particular  duties  I  shall  afterwards  de- 
scribe. It  maintains  overseers  in  different  palts  of  tlie  city  to  inspect  the  provisions 
sold  in  the  public  markets,  shops,  or  otherwise,  who  make  their  report  of  whatever 
they  find  that  might  have  a  tendency  to  affect  the"  publics  health ;  their  business  i? 
also  to  superintend  the  beggars,  to  prevent  Icafh-scme  ^nd  noxious  distempers  being 


PUBLIC  HEALTH— OFFICERS  op. 


657 


§  9.  He  shall  render  to  tlie  board  of  health,  a  monthly 
account  of  his  receipts  and  disbursements  on  account  of  the 
marine  hospital,  and  shall  deposit  the  balance  that  shall  ap- 
pear to  be  in  his  hands,  in  such  bank  in  the  city  of  New- 
York,  as  the  board  shall  designate,  to  the  credit  of  the  com- 
missioners of  health. 


To  account  and 
deposit  niouies. 


derircd  from  waiit  and  misery  or  other  obvious  causes  ;  they  keep  an  exact  register  of 
deaths,  and  the  bodies  of  those  who  die  without  any  previous  malady,  are  accu- 
rately examined  by  the  physicsan  and  suri^eon  immediately  belonging  to  (he  office,  both 
of  these  have  a  fixed  salary,  «nd  are  consulted  by  the  board  in  casts  relatmg  to  their 
resfective  professions;  they  are  also  obliged  in  contagious  emergencies  to  shut  them- 
selves up  in  the  lazaretto  to  take  care  of  the  sick. 

The  City  of  Vemce  has  two  lararettos  appropriated  to  the  expurgation  of  mer-  Lazarettos, 
chandise  susceptible  of  infection  coming  from  suspected  parts,  and  for  the  ac- 
commodation of  passengers  in  performing  quarantine  ;  as  also  for  the  reception  of  peW 
sous  and  effects  infected  in  the  unhappy  times  of  pestilence.  The  old  lazaretto  is  two 
miles,  and  the  new  about  five  miles  distant  from  the  city,  both  on  little  islands,  sepa- 
rated from  all  communication  not  only  l^y  broad  canals  surrounding  them,  but  also  by  ^ 
high  walls  ;  they  are  of  large  extent,  being  about  four  hundred  geometrical  paces  in 
circumference.  They  ha,ve  only  a  ground  floor  and  one  over  it,  and  are  divided  and 
subdivided  into  a  great  number  of  apartments  ;  greater  and  smaller  for  the  reception 
of  passengers;  all  their  apartments  have  their  separate  entries  and  stairs,  and  eveiy 
range  of  them  has  an  open  court  in  front,  with  plats  of  grass  which  is  not  suffered  to 
grow  too  high  ;  and  no  kind  of  trees  or  vegetables  are  permitted  within  this  district, 
nor  within  a  good  distance  from  it.  There  are  sheds  against  some  of  the  walls  and 
in  other  place*,  (but  not  mixed  with  the  apartments  of  passengers)  so  contrived  that  the 
merchandise  is  not  exposed  to  damage  by  rain  or  otherwise,  and  at  the  same  time, 
that  the  air  is  not  confined. 

The  internal  government  and  direction  of  these  lazarettos  is  committed  Prior's  duty, 
in  each  to  an  officer  called  a  prior,  who  is  chosen  by  the  board  of  health,  and 
accountable  to  it  alone  for  his  management ;  he  has  an  assistant  chosen  by  himself,  and 
confirmed  by  the  magistrates;  both  these  have  a  competent  salary,  and  are  obliged  to 
reside  in  the  lazaretto,-where  a  convenient  habitation  is  assigned  them.  The  priorship 
is  an  ofiice  of  great  trust,  and  the  magistrates  are  careful  to  confer  it  upon  none  but 
such  aa,  are.  suilal)ly  qualified  ;  he  must  not  be  related  to  any  in  the  magistracy,  nor 
,  to  any  of  its  ministers  ;  must  have  no  interest  or  concern  in  shipping,  nor  in  trade  ; 
and  in  the  exercise  of  his  office  he  is  subjected  to  the  strictest  rulesi  the  most  ma- 
terial   of  which  are  as  follows  :  , 

Rules. — He  must  see  all  the  gates  and  doors  of  the  different  apartments  locked  Hulcs. 

every  evening  by  sunset,  as  well  the  outward  gates  as  those  of  the  apartments  occu- 
pied by  passengers,  merchandise,  and  porters;  he  takes  the  keys  into  his  possession, 
and  suffers  them  not  to  be  opened  before  sunrise.  And  Where  there  is  any  suspicion 
of  infection,  the  gates  must  be  kept  constantly  locked,  and  opened  only  fornecessary 
occurrences,  in  tlrie  presence  of  the  prior.  He  must  not  suffer  dogs,  cats,  or  other 
domestic  animals  to  go  loose  in  the  lazaretto.  He  must  neither  buy  nor  sell,  nor  make 
bargains  or  contracts  with  passengers  or  others  within  the  lazaretto,  nor  permit  others 
to  do  so  ;  neither  are  contracts  of  any  kind,  purchases  or  sales,  nor  even  powers  of 
attorney  or  other  notarial  acts  allowed  there  without  express  leave  from  the  board, 
otherwise  they  are  null  and  void.  He  suffers  no  fishing  boats,  nor  other  small  craft  to 
come  within  a  certain  distance  of  the  lazaretto,  nor  any  communication  between 
those  in  quarantine  and  such  boats.  He  keeps  a  book  where  are  regularly  noted  all 
all  persons  who  perform  quarantine,  together  with  a  general  inventory  of  their  effects, 
and  a  particular  distinct  one  of  all  goods  and  hierchandise,  copies  of  which  he  trani* 
m.its  to  the  health  otfice  at  least  once  a  month.    He  cannot  recei/e  persons  nor  effect* 

83 


658 


PUBLIC  HEALTH— OFFICERS  of. 


Monies  how 
drawH. 


§  10.  The  monies  so  deposited  shall  not  be  drawn  out,  ex- 
cept on  the  check  of  the  health  commissioner,  countersigned 
by  the  presid  ent  of  the  board  of  health. 


eieetings  of  phy- 
mcian  and  com- 
missfODer. 


§  n.  In  the  discharge  of  their  duties,  the  resident  physi- 
cian and  health  commissioner,  shall  meet  daily  at  the  office 
of  the  board  of  healthy  during  such  part  of  the  year  and  at 
such  hours  of  the  day,  as  the  board  shall  designate. 


Suttler». 


to  perform  quarantine  without  a  inaiidate  fiom  the  olTic^,  which  inai)date  must  always 
be  accompanied  by  a  messenger  at»d  in  the  sitne  (\nin  at  their  discliarp;?/  Neither 
can  he  admit  visitors  (o  those  in  qiiaraiitinft  without  such  mandate,  which  (for  visits) 
is  given  gratis  from  the  otfke.  But  pijlihc  brokers  are  excluded  from  these  visits 
even  if  they  had  obtained  a  m;indate  for  that  purpose.  He  is  to  take  care  that  quiet 
a4P  f^ood  order  be  maintained  among  the  passengers  and  porters,  and  must  not  per- 
mit gaming,  drinking,  nor  tven  such  exercises  and  diversions  as  might  produce  a 
mixture  of  persons  in  difVerent  quarantines,  or  otfend  the  circumspection  of  the  place. 
When  a  passenger  or  porter  falls  sick,  the  prior,  by  means  of  the  respective  guardian 
takes  care  that  it  is  separated  from  others  in  tlie  s^me  apartment  as  m'ich  as  possible, 
and  immediately  gives  notice  to  the  board,  who  send  their  physician  to  examine  dili- 
gently the  nature  of  the  disease,  and  any  other  physician  may  be  called  jointly  with 
him ;  but  they  are  not  to  transgress  the  caution  presciibed,  or  they  would  be  detained 
in  the  same  department  till  the  quarantine  ended.  The  prior  is  autliorized  to  exe- 
cute the  office  of  notary  public  in  cases  of  necessity,  for  no  notary  is  admitted  with- 
out express  order  from  the  board;  he  therefore  draws  up  wills  and  testaments  of  those 
within  his  territory,  but  it  must  be  done  in  the  presence  of  five  vvi  Inesscs.  When  any 
person  dies  there,  unless  the  physician  of  the  office,  together  with  the  surgeon,  declare 
that  his  death  proceeded  not  iVom  any  contagious  cause,  and  that  they  are  quite  clear 
and  explicit  in  their  report,  all  those  in  his  quarantine  must  begin  it  anew,  af)d\that 
as  often  as  any  suspected  death  happens  in  it.  There  is  a  burial  place  within  the 
lazaretto,  and  the  dead  are  all  buried  naked  by  those  of  their  respective  apartments, 
and  if  there  is  any  suspicion  of  infection,  a  quantity  of  quick  linie  is  thrown  upon  the 
corpse  in  the  grave,  which  is  digged  five  or  six  feet  deep.  It  is  th6  prior's  dut}  to  see 
that  the  guardians  of  tlie  respective  quarantines  cause  the  passengeo  lo  expose  their 
apparel,  and  oiher  effects  to  tlie  open  air  every  day,  and  that  he  give  all  proper  as- 
sistance to  those  under  their  guard.  He  ought  to  visit  every'apartment  underquaran- 
tine  at  least  twice  a  day,  once  in  the  morning  and  once  in  the  afternoon^  to  see  that 
the  passengers  are  proper  y  served  and  supplied  with  necessaries,  and  that  every  thing 
goes  on  according  to  the  rules  and  cautions  of  health.  He  is  lotake  into  his  possess-joti 
all  sorts  of  arms  belonging  to  passengers,  which  are  to  be  restored  when  the  quarantine 
is  finished. 

SuTTLERS.— No  suttlers  are  admitted,  but  those  appointed  by  the  board,  on  pur- 
pose to  supply  the  lazaretto  with  provisions  and  other  necessaries;  these  are  obliged 
to  come  every  day,  and  to  bring  whatever  the  passengers  order,  at  a  fixed  price — 
extortion  is  severely  punished — they  are  not  to  enter  the  lazaretto,  but  have  a  con- 
venient place  assigned  them)  where  the  guardians  and  passengers  can  come  to  see 
their  provisions  and  give  their  orders  ;  the  suttlers  have  baSikets  fastened  to  poles  of 
seven  or  eight  feel  long  in  which  they  reach  every  thing  to  those  within,  and  in  pre- 
sence of  the  prior  or  his  substitute,  who  cause  the  money  to  be  dipped  iti  vinegar  or 
salt  water  before  the  sultle'rs  take  it.  The  suttlers  are  subjected  to  the  magistracy, 
and  liable  to  punishment  for  every  contravention  of  its  rules  and  orders  which  are 
hungup.  When  letters  are  written  from  the  lazaretto  they  must  be  fumigated  in  the 
usuaf  way  by  the  guardian  who  superintends  the  apartments,  then  reached  to  the 
prior  by  means  of  a  cane,  or  other  stick  split  in  the  end  for  that  purpose,  and  by  him 


PUBLIC  HEALTH— OFFICERS  of. 


659 


§  12.  The  resident  physician  and  health  commissioner,  Their  wiarie« 
shall  each  receive  an  annual  salary  of  one  thousand  dollars; 
and  the  health  officer,  as  physician  of  the  marine  hospital,  a 
like  salary  of  four  hundred  and  fifty  dollars ;  and  such  sala- 
ries shall  be  paid  out  of  the  monies  appropriated  for  the  use 
of  the  marine  hospital. 


sometimes  perfumed  and  sent  away.'  He  causes  the  porters  employed  in  expnrga- 
lioji  of  goods,  to  sweep  and  keep  clean  their  respective  sheds,  arid  all  around  thenft, 
suflering  no  bits.of  wool  or  collon,  or  such  lilic  to  fly  about  or  lie  oil  (he  ground  where 
there  is  any  passage :  and  attends  with  most  vigilant  exactness  to  the  porters  in 
the  discharge  of  their  daily  duty.  The  prior  >  aanot  be  arrested,  during  his  office  by 
any  other  niagi>lrate  but  those  of  health,  nor  is  subject  to  civil  or  criminal  prosecu- 
tion in  any  other  court  of  justice.  Neither  can  persons  or  etTects  be  arrested  or  at- 
tached in  the  lazaretto  during  quaiantine.  The  prior  is  strictly  enjoined  not  to 
exact  money,  or  any  other  consideration  wlialever  from  the  passengers  by  way  of  re- 
coriipenre  foi  his  trouble  or  attandajice,  nor  ought  he  even  (according  to  law)  to  ac- 
cept of  presents  from  passerigers  who  perform  quarantine,  or  fi'om  merchants  whose 
goods  are  under  inspection  :  only  he  is  entitled  to  a  small  recognition  for  every  bale 
or  parcel,  as  regulated  by  the  magistrates.  But  he  and  his  assistants  expect  a 
gratuity. 

The  prior  and  hU  siibslitiile  mu->t  carefully  avoid  touching  either  goods  or  passen- 
gers in  quarantine,  and  for  that  end,  in  their  re>pective  walks  and  visits  always  carry 
a  cane  to  keep  passengers  at  a  proper  distance:  but  if  by  any  unfortunate  accident 
they  should  be  contaminated  by  touch,  they  must  perform  quarantine  from  whence  the 
suspicion  of  infection  was  derived,  and  others  would  be  appointed  in  their  room,  pro 
tempore.  If  they  were  touclied  by  a  malicious  design  the  person  offending  ik  liable 
to  such  punishment  as  the  nature  of  the  oflcnce  requires,  and  the  magistrates  of  health 
judge  adequate. 

Neither  the  prior  or  his  suh.stilufc  mu>t  Irave  the  lazaretto  except  when  called  by 
the  magistiate.v,  or  ujion  busii.ess  with  then,  relative  to  iiis  olTice,  and  not  without  en- 
press  pHrrnission  on  his  private  affair. 

GuB!iDiA\s.— There  are  sixty  guardians  belonging  to  the  health  office  of  Venice, 
of  wliom  part  ore  appointed  to  inspect  the  (luarantines  of  p-issenger-s  merchandise, 
and  the  porters  att'.  riding  it  in  the  l;iza<%tto,  and  part  superintend  the  quarantines  of 
sliips  and  their  companies,  on  board  which  ihcy  are  sent  immedrately  on  their  arrival, 
and  continue  till  thtir  discharge:  all  these  have  a  fixed  daily  allowance  from  the  pas- 
sengers, masters  of  ships  or  nieichants  in  whose  service  they  inimediately-are.  Their 
duly  in  the  lazaretto  is  to  attend  on  passengers,  to  assist  them  in  their  accommodation 
and  othtrwisr,  and  strictly  observe  that  no  mi.xtute  of  different  quarantines  happen  :  as 
every  apartiiit  ntof  passengers  l)y  the  name  ship,  or  if  goods  and  porters  have  their  le- 
fpcctive  guaidian,  none  of  them  ar6  permitted  to  go  without  the  limits  of  their  allotted 
aparlmoiit*  unles-s  acccnpanied  by  the  guardian,  who  has  his  cane  to  keep  others  at 
a  due  distance.  On  the  arrival  cf  ]>assf  ngers  he  must  see  all  the  trunk-,  chests, 
6ic.  opened,  put  his  hands  into  every  one  of  them,  take  a  noteof  the  general  contents, 
and  if  he  find  anything  contraband,  the  prior  must  acquaint  the  magistracy,  who 
determine  accortlingly.  They  are  to  be  very  watchful,  about  the  health  of  ihpir  pas- 
sengers, and  gire  notice  to  the  p/ior,  whenever  tiiey  perceive  symptoms  of  sick 
nes3.  They  must  keep  the  strictest  eye  over  tiie  porters,  that  they  ueg-lect  noi 
their  daily  labor  in  ^airing  and  moving  the  goods  under  their  care,  ^d  in  case 
of  negligence,  want  of  punduality  or  di?hoHCsty,  they  iiir>rin  the  prior  who  torn- 
plains  to  the  magistrates^  and  the  porters  are  piiiiished.  The  guardians  al«o  are 
under  the  eye  of  the  piior,  and  in  cases  of  collusion  or  wilful  neglect  they  are  pu-«' 
i-hed  severely  and  soiiie'.iiues  capiluily. 


Suiirdians. 


I 


660 


PUBUC  HEALTH-OFFICERS  of. 


^^^officers'"^''  ^  ^^'  "^^^  ^^  health  officer  ^hall  be  entitled  to  receive  the 
following  fees  for  visiting  and  examining  ve'ssels  in  the  dis- 
charge of  his  official  duties : 

1.  For  each  vessel  from  a  foreign  port,  six  dollars  and 
fifty  cents. 

2.  For  each  vessel  from  a  place  in  the  United  States  south 
of  Cape  Henlopen,  if  above  one  hundred  and   sixty  tons, 


Porter?. 


The  duty  of  gimidians  on  board  of  ships  -is  slill  mors  strict,  and  requires  greater  atten- 
tion; fnrnot  having  the  prior  to  direct  them  in  an  emergency,  as  in  the  lazaretto,   they 
must  correspond  directly  with  the  office,  and  give  an  account  of  every  thing  that  happens 
immediately  on  their  going  on  board;  they  must  take  an  exact  roll  of  all  the  ship's  crew, 
which  they  transmit  to  the  office,  and  they  must  see  them  all  mustered  every  day,  that  no 
sickness  be  concealed  nor  elopement  mad'>,  they  must  a'so  take  a  distinct  and  minute  note 
of  all  goods  and  ethxts  on  board  without  exception,  a  copy  of  which  they  al^o  transmit  to 
the  office,  in  order  to  prevent  contraband  got)ds  being  clandestinely  ret.'iined.    After  this 
they  must  on  no  consideration  allow  any  thiniv  to  go  out  of  the  ship,  nor  must  they  suffer 
any  bark  or  vessel  to  come  near  without  a  mandate,  and  when  visits  arc  permitted  to  the 
captain  or  crew,  the  guardian  must  always  be  in  sight  of  the  Interview  tliat  the  due  caution 
of  health  be  carefully  observed.    Tliey  are  to  take  care  that  the  suttlers,  appointed  to  servo 
ships  in  quarantine,  perform  their  duly  faithfully,  and  with  due  regard  to  the  rules  of 
health  in  like  manner  as  in  the  lazaretto.    They  are  to  permit  no  passengers  to  perform 
quarantine  on  board  of  the  ship  under  any  pretence  whatever;  and  if  any  should  remain 
on  board  in  sailor's  disguise,  he  or  they  must  be  sent  to  the  lazaretto,  and  the  ship  begins 
her  quarantine  anew  from  thr<  day  of  their  departure,  which  happens  in  the  same  manner 
as  if  goods  should  be  concealed  on  board,  after  tlie  rest  of  the  cargo  is  sent  to  the  lazaretto. 
Messengers  or  servants  are  employed  by  the  magistrates  of  the  health  office  to  conduct 
all  captains  of  ships  to  the  office,  to  make  their  report,  and  back  again  on  board,  the  cap- 
tains going  in  their  own  boat,  and  the  messengers  in  theirs;  they  must  also  attend  all  pas- 
sengers to  the  lazaretto,  as  well  as  every  lighter  of  merchandise  sent  thither,  and  see  the 
boat's  crew  return  on  board  again  without  communication  with  others.    They  are  obliged 
also  (or  rather  the  eldest  of  thcjn)  to  receive,  open,  and  perfume  or  smoke  all  letters  that 
come  by  ships  from  suspected  parts:  and  nil  captains,  sailors  or  passengers  are  strictly 
prohibited  from  keeping  letters  on  board,  or  sending  them. ashore  without  the  requisite 
formality  at  the  health  office:  they  are  al'terwards  scaled  again  and  distributed  according 
to  the  directions.    These  messengers  or  servants  (in  number  seveii)  are  also  employed  in 
general  on  all  messages  from  the  office,  whe'licr  to  the  lazaretto,  or  vessels  in  quarantine, 
or  on  business  relating  to  the  department  of  heallii  in  th-e  city.    They  have  no  fixed  salary 
but  are  paid  so  much  for  conducting  captains  of  ships,  passengers  or  mercbaiulise. 

All  porters  employed  in  purging  goods  in  tlie  lazaretto,  are  immediately  under  the 
inspection  and  jurisdiction  of  the  magistrates  of  health,  so  long  a^  they  remain  there, 
being  superintended  by  the  prior  and  guardians,  and  iffound  deficient  in  doing  their  duty,- 
are  punished  according  to  the  rigor  of  the  law,  as  indeed  all  other  delinquents  are  in  mat- 
ters of  health.  •  ,-  , 

Every  merchant  must  liave  his  own  porters,  but  their  names  must  be  given  into  the  office, 
and  approbation  obtained  :  neither  is  it  permitted  to  agiee  with  them  by  the  lump,  but  they 
must  have  their  settled  daily  wages ;  the  number  of  porters  must  also  be  propcyiioned  to 
the  number  of  bales  or  large  parcels,  and  for  every  forty  bales  or  large  parcels,  there  must 
be  a  porter.  * 

OF  RECEIVIXG  CAPTAINS  OF  SHIPS  FROM  SUSPECTED  PARTS,  AND  TAK- 
ING THEIR  REPORT. 
It  is  here  proper  to  premise  that  all  ships  are  received  at  Venice  even  those  which  are 
known  to  have  the  plague  onboard ;  the  rules  of  health  are  very  exactly  attended  to  in  every 
circumstance:  in  this  they  are  naturally  somewhat  more  strict,  but  for  the  rest  do  not  devi- 
ate from  the  established  course."  It  is  also  requisite  to.observe  that  aU  ships  and  merchan- 
dise coming  from  any  of  the  Ottoman  dominions,  are  indispensibly  subjected  to  the"  full 
quarantine  of  forty  days.;  for,  as  the  Turks  take  no  precaution  to  prevent  this  dreadful  ca- 
lamity to  preserve  and  deliver  themselves  from  it,  the  Venetians;  very  justly  conclude  that 
it  is  precarious  and  highly  dangerous  to  trust  to  any  ccrliiicate  of  health  whatever,  whether 


PUBLIC  HEALTH-OFFICERS  of.  661 

three  dollars  ;  if  not  exceeding  one  hundred  and  sixty,  and 
above  one  hundred  tons,  two  dollars;  if  below  one  hundred 
tons,  one  dollar. 

And  such  fees  shall  be  paid  by  the  respective  masters  of 
the  vessels  so  visited  and  examined. 


6  14.  The  board  of  health,  mav,  from  lime  to  time,  ap-  consulting  phy- 
point  so  many  consulting  physicians  as  they  may  deem  ne- 
cessary, designate  their  duties,  and  fix  their  compensation. 

ft-om  tlieir  owiicosuls  or  otliers,  in  places  wlicre,  although  the  contagion  do  not  openly  ap- 
pear, it  may  lie  lurking  in  bales  of  mcrchaadiso  tra;isportod  from  other  parts.  Besides,  ships 
from  Zaute,  Ceplialoiiia,  and  the  other  Venetian  islands  are  always  liable  to  a  quarantine 
of  thirty  ddys,  or  three  weeks  at  least,  a.id  frequently  forty  days,  because  lying  so  near  the 
Morea,  and  having  daily  communication  with  its  inhabitants,  they  often  neglect  the  strict 
rules  of  health  or  connive  at  the  broach  of  them,  though  all  of  tliem  have  an  office,  on 
which  communicaticn  they  principally  depend  for  their  subsistence,  the  produce  of  these 
islands  not  being  sufficient  for  a  third  part  of  their  inhabitants.  To  prevent,  therefore,  the 
fatal  consequences  that  such  negligence  might  produce,  it  is  an  established  rule  to  treat  all 
ships  and  merchandise  on  their  arrival  at  Venice  from  those  suspected  parts  with  the  same 
caution  and  reserve  as  if  they  were  actually  infected ;  and  to  obviate  all  da;iger  before  their 
arrival,  the  pilots  are  strictly  charged,  on  capital  jienalty,  not  to  go  on  board  any  t^hip  from 
Turkey,  or  the  adjacent  islands,  nor  to  mix  with  the  people;  nay,  even  no  pilot  is  permitted 
to  go  on  board  any  ship  whatever  till  clearcii  at  t-lie  health  office,  or  if  necessity  requires  it, 
they  are  not  to  return  to  tlieir  own  borts  but  to  remain  on  board  till  the  ship  is  declared  free 
at  the  health  office;  and  in  case. of  performing  quarantine,  the  pilot  must  do  the  same. 
They  are  also  strictly  ordered  to  use  none  but  tarred  ropes,  and  if  the  vessel  comes 
from  suspected  parts,  they  are  to  put  the  captain  in  mind  to  heist  the  usual  signal  of  such 
ships,  that  no  other  boat  or  vessel  may  inadvertently  hold  intercourse  with  them.  When, 
thcrofore,  the  ship  enters  the  port,  or  as  soon  as  the  above  mentioned  signal  is  disco- 
vered, (and  the  health  office  keeps  a  person  on  purpose  to  give  notice  of  the  approach  of 
these  and  all  other  ships)  a  guardian  is  despatched  on  board,  whose  office  and  duty  com- 
iVienccs  from  that  moment,  and  continues  till  the  ship  has  performed  quarantine;  besides, 
in  dangerous  cases  as  soon  as  the  ship  comes  to  anchor  in  the  sitnaiion  appointed,  a  bark 
with  a  party  of  soldiersjs  sent  to  lie.at  a  proper  distance,  and  to  observe  that  nothing  is  done 
against  the  established  laws.  Then  one  of  the  messengers  goes  to  conduct  the  captain  to 
the  health  office ;  his  boat  keeps  a  proper  distance  before  that  of  the  captain,  clears  the  way 
and  takes  care  that  no  comniunicaticm  is  he'd  between  those  in  the  syspeatcd  boat  and 
others.  When  they  arrive  at  the  landing  place  of  the  office,  which  is  so  contrived  that  the 
captain  and  the  people  may  talk  with  those  on  shore  without  approaching  too  near,  he  is 
forthwith  conducted  into  an  inclosed  entry  for  that  purpose,  adjoijiing  to  the  office,  where 
his  report  is  taken  by  the  clerk,  from  a  window,  at  a  due  distance:  the  usual  questions  are 
asked,  such  as  from  whence  he  comes,  when  ha  left  his  port,  whether  he  has  a  clean  bill  of 
health  or  not,  what  kind  of  voyage  he  has  made,  if  he  touched  at  intermediate  ports,  if  he  ^ 

had  product  in  them  or  not,  if  met  vessels  at  sea,  and  of  what  nation,  if  he  was  aboard  of 
them,  or  they  of  him,  how  many  hands  he  has  on  board,  and  if  any  passengers,  if  they 
have  been  all  the  voyage  in  health,  or  if  any  be  dead  or  sick,  what  his  loading  consists  of,  if 
he  took  it  in  all  at  one  port;  this  report  is  written  down  by  the  clerk,  and  then  all  his  pa- 
pers and  letters  are  demanded  :  the  first  paper  to  be  examined  (after  previous  fumigation) 
is  a  bill  of  health,  which  is  compared  with  the  report  given  in  by  tlie  captain,  both  in  regard 
of  the  health  of  the  place  from  whence  he  came,  and  to  the  number  of  seamen  and  pashcn- 
gers  on  board  ;  and  if  any  captain  present  himself  without  a  bill  of  health,  it  is  the  unaltei- 
able  rule  of  the  office  to  oblige  ship  and  cargo  to  perform  full  quarantine. 

If  there  should  be  any  difference  between  the  bills  of  health  and  the  captain's  report,  in  the 
number  of  persons  on  board,  it  is  very  strictly  examined  into,  and  the  ship,  although  com- 
ing from  a  place  \yithoul  the  least  suspicion  of  infection,  is  kept  in  reserve  till  the  matter  is 
sufficiently  cleared  up;  and  if  any  malicious  intention  be  discovered  in  the  captain  to  de- 
«eive  the  magistracy,  by  giving  false  reports,  it  is  a  capital  crime,  and  punished  accord- 


662  PUBLIC  HEALTH—OFFICERS  of. 

'"\Se%  ^^         ^^*  '^^^  board  of  health  shc^ll  appoint  an  inspector  of  ves- 
sels, who  shall  perform  the  duties  required  of  him  in  this 
Chapter,  and  shall  be  entitled  to  receive  the  following  fees: 
His  fees.  YoY  each  cargo  inspected  by  him  under  the  direction  of  the  ' 

board  of  health,  three  dollars  ; 

For  each  vessel  cleansed  and  purified  by  him  under  the 
like  direction,  five  dollars  ; 

Which  fees  shall  be  paid  by  the  owner  or  consignee  of  the 
.  cargo  inisp^Gted  or  vessel  purified. 

inglj-;  for  if  the  number  on  board  be  greater  than  that  in  the  bills  of  health,  there  i# 
ground  to  suspect  that  the  superniintierary  person  or  persons  have  been  taken  from  on  board 
another  sliip,  or  from  some  place  without  the  requisite  documents  of  health,  and  if  the 
number  l>e  less,  it  might  have  been  diminished  by  some  contagious  disease;  but  supposing 
these  points  satisfactory,  all  ships  with  clean  bills  of  health  are  at  liberty  to  unload  directly 
after  the  captain's  report,  and  he  may  return  on  board  without  the  messengers.  But  when 
the  ship  is  from  any  part  of  the  Turkish  dominions  or  other  suspected  parts,  the  captain  is 
re-conductcd  on  board  with  the  same  formality  as  he  came.  The  guardian  being  already  on 
board,  begins  immediately  on  the  captain's  return  to  exercise  his  office,  by  taking  an  exact 
roll  of  all  the  crew,  and  a  particular  note  of  their  clothes  and  other  effects,  both  which  he 
transmits  to  the  office,  to  be  compared  with  the  captain's  report ;  and  when  permission  is 
given  to  unload,  he  keeps  an  exact  register  of  every  parcel  that  goes  out  of  the  ship,  which 
he  transmits  to  the  office  in  order  to  be  compared  with  the  captain's  manifesto,  delivered  in 
writing,  on  making  his  report.  •       '  ' 

QUARANTINE  OF  PASSENGERS. 
When  there  are  passengers  on  board,  as  soon  as  the  above  formalities  are  over,  a  man 
date  is  sent  from  liie  office,  to  remove  them  to  the  lazaretto,  where  they  usually  go  in  the 
ship's  boatj  the  messenger  always  keeps  near  thern  in  his:  when  they  arrive  at  the  laza- 
retto, the  messenger  consigns  them  to  the  prior,  and  conducts  the  ship's  boat  bjtck  again. 
The  passengers  find  their  guardian  of  health  at  the  lazaretto,  before  them  their  apartment 
is  assigned,  their  clothes  and  other  effect*  for  use  are  visited  and  noted,  and  they  begin  to 
<-ount  their  quarantine  from  the  day  after  their  arrival  at  the  lazaretto,  with  the  precau- 
tions and  regulations  already  described. 

UiNLOADING  MERCHANDISE,  AND  REMOVING  IT  TO  TfliE  LAZARETTO. 

All  goods  and  effects  .=usceptibk'  of  infection  from,  suspected  parts,  must  go  to  tlie  laza- 
vetto  to  perform  quarantine,  none  being  permitted  to  remain  in  the  ship;  but  such  as  are  not 
,  susceptible  and  inlmlk  may  be  unloaded  on  the  ship's  arrival,  after  obtaining  a  mandate, 

•  and  in  presence  of  a  messenger,  who  must  always  be  within  sight,  as  well  as  the  ship'd 
guardia'i  on  board.  Great  caution  is  used  in  transporting  merchandise  to  the  lazaretto- 
tlie  lighters  must  have  no  sails,. or  the  priors  detain  tJiem  along  with  the  goods,  the  ropes 
are  well  tarred,  the  sailors  belonging  to  the  ship  load  them  Etnd  take  them  in  tow  with  their 
own  boats  to  the  lazaretto,  always  accompanied  by  a  messenger  in  going  and  coming. 
The  prior  rec'eives  them  as  before  observed,  delivers  them  to  the  care  of  the  porters  and 
guard'ans,  and  they  are  accountable.  One  of  the  shipmates  or  seamen  remains  in  the 
lazaretto  for  further  guard  to  the  goods,  and  to  be  answerable  for  the  bills  of  lading,  per- 
forming his  quarantine  there.  When  the  whole  cargo  is  unloaded  and  properly  disposed  and 
arranged  in  the  lazaretto,  the  quarantine  of  botli  ship  and  goods  commence,  and  not  before. 

EXPURGATION^  OF  GOODS  IN  THE  LAZARETTO. 

t^oods  for  expurgation  are  ranged  under  sheds  for  that  purpose  in  the  lazaretto  in  differ- 
ent order,  according  to  the  kinds  and  marks  of  the  parcels,  so  that  no  confusion  ensues  in 
distinguishing  their  respective  projiertics. 

Wool  is  taken  entirely  out  of  the  bags  or  bal^s,  and  ranged  in  heaps,  not  above  four  feet 
high,  these  are  all  moved  twice  evci7  day,  turned  and  the  heaps  mixed  by  the  porters  with 
their  hands  nnd  arms  bare,  during  forty  days  successively,  and  every  five  days  are  beside* 
the  usual  labor  moved  out  of  the  places  they  were  in. 

Silk,  flax,  feathers,  and  euch  like,  are  managed  in  the  same  manner. 


PUBLIC  HEALTH-OFFICERS  of.  063 

§  16.  It  shall  be  the  duty  of  such  inspector,  after  he  shall      Hiaduty.  j 
have  performed  any  service  required  of  him,  to  make  an  im- 
mediate report  of  his  proceedings  and  their  result,  to  the 
board  of  health,  or  the  mayor  and  commissioners  of  health. 

4 

Cotton,  wool  and  yarn,  camel's  hair,  and  beaver  in  ba?s,  are  pui^cd  in  a  different  vyay. 
The  bags  are  all  unripped  at  one  end,  and  the  porters  are  obli<^ed  every  day  to4hrust  their 
naked  hands  and  arms  into  them,  in  different  places,  as  far  as  the  middle  of  the  ba«,  for 
twenty  days  successively,  then  the  bags  are  sewed  up,  turned  over,  and  the  other  end  iirt- 
ripped,.  and  managed  in  the  same  manner  the  twenty  subsequei|t  days,  which  comnle.e 
the  quarantine,  but  nfeither  of  the  days  wherein  the  bags  are  opened,  are  reckoned  among 
the  forty. 

Woollen  and  linen  clothes,  and  all  goods  that  are  folded  in  pieces  are  uifloosed,  and  the 
porters  turn  them  over  fold  by  fold,  thrusting  their  naked  arms  between  the  folds,  and 
ehifting  them  often  under  and  above        , 

When  there  is  a  certainty  of  infectioVi,  besides  this  daily  motion,  they  are  unfolded,  and  • 

extended  on  cords  in  the  open  air,  as  often  as  the  weather  permits.  Carpets,  blankets,  bed 
covers,  quilts,  and  other  manufactures  of  wool  and  silk,  flax,  books,  vellum,  and  all  kinds 
of  paper,  hair  bags,  and  such  like,  are  continually  exposed  to  the  air,  moved  and  turned  two 
or  three  times  every  day. 

Furs  are  among  the  most  dangerous  articles,  and  very  carefully  purged,  kept  constantly 
cxposi'd  to  the  air,  and  very  often  moved  and  sliaken,  in  like  manner  ;  hair  and  ostrich 
feathers  are  very  diligently  attended  to. 

Tobacco,  c^doun^-,  sheep  and  goat  skins  dressed,  and  ail  other  dry  dressed  skins,  are 
ranged  in  he"s,  and  now  and  then  moved  ;  but  being  articles  less  subject  to  infection  .they 
are  usually  liberated  in  twenty  days. 

Beos  wax  and  sponges  are  purged  by  putting  them  into  salt  water  (not  stagnated)  for 
forty-eight  hours  and  then  they  are  free.  There  is  a  place  formed  in  the  lazaretto  for  this 
•purpose,  and  a  guardian  to  superintend  the  operation. 

Wax  and  talloio  candles  are  subject  to  full  quarantine,  on  account  of  the  cotton  in  thorn, 
but  if  the  proprietor  submits  to  let  them  be  immersed  as  above  they  are  free.  Animals 
with  wool  or  long  hair,  are  liable  to  the  whole  quarantine,  but  those  with  short  straiaht  hair 
are  purged  by  causing  them  to  swim  as  above.  The  feathered  animals  arc  purged  by  re- 
peated sprinkling  with  vinegar  till  well  wel. 

There  arc  other  articles  not  susceptible  of  infection,*  and  of  consequence  not  liable  to 
quarantine,  though  sometimes  they  become  liable  by  attendant  circumstances,  such  as 
salted  hides,  which,  when  sufficiently  salted  and  moist  are  free;  but  if  dry  they  must 
undergo  the  formalities  of  quarantine. 

Many  ariides  are  nXwAys  free  wlien  they  come  in-  the  biindle  and  others  though  In 
package,  either  because  (he'packac;e  itself  is  U-ee,  or  purified  bv  the  volatile  qualities 
of  the  contents,  or  can  be  removed  or  rendered  harmless.  Of  the'  first  sort  are  all 
kinds  of  grain,  valionia,  or  bark,  salt,  flax-seed,  and  in  p^encral  all  seeds,  •larbles, 
minerals,  wood,  earths,  sand,  alum,  vitriol,  elephant's  teeth,  &c.  Of  the  second  sort 
arc  suo^ars,  chee-e,  butter,  plgoli  fruits  fresh  and  dried,  all  salted  and  smoked  meat, 
&c.  drug?,  colors,  &c.  that  can  be  separated  from  the  packagr-".  Of  the  third  sort 
are  liquors  of  all  kinds,  brandies,  oils,  wines,  after  pitching  the  bungs  lest  there 
should  be  canvass,  or  an}'  thing  of  that  nature  in  th«in,  currants,  laisns,  pitch, 
although  in  canvass  packages  are  free,  because  it  is  sup[)09ed  their  nature  or  effluvia 
proceeding  from  them  prevent  contagion,  only  the  seams  and  corners  are  tarred. 


664  PUBLIC  HEALTH— PLACE  of  quarantine. 


TITI.E  II. 

OF  QUARANTINE  AND  REGULATIONS  IN  THE  NATURE  OF  QUARAN- 
TINE, AT  THE  PORT  OF  NEW-YORK. 

Art.  1. — Of  the  place  of  quarantine,  and  the  vessels  and  persons  subject  thereto. 

Art.  2. — Of  the  duties  of  pilots  in  relation  to  vessels  subject  to  quarantine. 

Art.  3. — Regulations  concerning  tiie  treatment,  conduct,  and  duties  of  vessels,  articles  and 

persons  under  quarantine.  .  . 

Art.  4. — Regulations  concerning  the  treatment  and  conduct  of  vessels,^ticies  and  person*  • 

released  from  quarantine,  or  exempt  therefrom. 
Art.  5. — Of  the  regulation  of  intercourse  with  infected  places. 
Art.  6.— Penalties  for  violating  the  provisions  ot  this  Title. 

ARTICLE  FIRST. 

s 
OF  THE  PLACE  OF  QUARANTINE,  AND  THE  VESSELS  AND  PERSONS 
SUBJECT  THERETO. 

Sect.  1.  Anchorage  place  at  quarantine.  ^ 

2.  How  designated.  ' 

3.  Vessels  subject  to  quarantine  to  proceed  immediately  thereto.  ^ 

4.  What  vessels  subject  to  quarantine,  and  how  classed. 

5.  Quarantine  of  classes  1  and  2. 

6.  Regular  quarantine  of  certain  ve<?sels  in  class  3. 

7.  Of  class  5,  and  of  certain  vessels  in  class  4. 

8.  Steam  vessels  excepted  from  regular  quarantine. 

9.  Where  no  regular  quarantine,  health  officer  to  prescribe  it. 

10.  Certain  vessels  arriving  in  other  ports,  subject  to  same  rules  as  if  arriving  d  irect. 

11.  Vessels,  when  to  be  removed  from  wharves ;  by  whom ;.  how. 
^                  12.  Not  to  return  without  permit. 

13.  Certain  vessels  permitted  to  pass  through  the  Sound. 

Anchorage  §  1.  The  ancliorago  place  for  vessels  at  quarantine,  shall 

be  as  near,  as  may  be,  to  the  marine  hospital  on  Staten-Island. 

• 
How  designated.      ^  ^'  •^hc  quarantine  anchorage   shall   be  designated  by 
buoys,  to  be  fixed  under  the  direction  of  the  health  officer, 
and  every  vessel  subject  to  quarantine  shall  anchor  wdthin 
them. 

Certain  vessels  ^  ^-  Evcrv  vcsscl  in  this  Article  declared  to  be  subject  to 
ihere.*"*^^'^'^^^  quarantine,  shall,  immediately  on  her  arrival,  proceed  to,  and 
be  anchored  at,  the  place  then  assigned  for  quarantine  ;  and 
shall  remain  there  with  her  officers,  passengers  and  crew, 
during  her  quarantine,  subject  to  the  examination  of  the 
health  officer,  to  the  provisions  of  this  Title,  and  to  such  re- 
gulations as  the  health  officer  or  board  of  health  shall  law- 
fully impose. 


PUBLIC  HEALTH— VESSELS  classed.  «65 

§  4.  Vessels  arriving  in  the  port  of  New-York  are  declar-    J^^J^J^|SJ'£* 
ed  to  be  subjecf  to  quarantine,  and  shall  be  classed  as  fol- 
lows : 

L  All  vessels  from  a  foreign  port,  having  forty  or  more 
passengers,  or  on  board  of  w^hich,  during  the  voyage,  or 
whilst  at  the  port  of  departure,  any  person  shall  have  been 
sick,  arriving  between  the  first  day  of  April  and  the  first  day 
of  November  in  any  year. 

2.  All  vessels  arriving  between  the  thirty-first  day  of  May 
and  the  sixteenth  day  of  October,  in  any  year,  from  any 
place,  in  the  ordinary  passage  from  which,  they  must  pass 
to  the  south  of  Cape  Henlopen. 

3.  All  vessels  from  any  place,  (including  islands,)  in  Asia, 
Africa,  or  the  Mediterranean,  or  from  either  of  the  West- 
India,.  Bahama,  Bermuda,  or  Western  islands,  or  from  any 
place  in  America,  in  the  ordinary  passage  from  which  they 
must  pass  south  of  Georgia,  arriving  between  the  first  day 
of  April,  and  the  first  day  of  November  in  any  year. 

4.  All  vessels  from  any  place  where  yellow,  bilious  ma- 
lignant, or  other  pestilential  or  infectious  fever  existed  at  the 
time  of  their  departure,  or  on  beard  of  which,  during  the 
voyage,  any  case  of  any  such  fever  shall  have  occurred,  ar- 
riving between  the  first  day  of  April  and  the  first  day  of  No- 
vember, in  any  year. 

5.  All  vessels  which,  if  they  had  arrived  direct  from  their 
foreign  port  of  departure,  would  have  been  included  in  the 
fourth  class,  that  shall  arrive  at  any  place  in  the  United 
States,  or  British  North  America,  and  proceed  thence  to 
the  port  of  New- York,  between  the  first  day  of  June  and  the 
first  day  of  October,  in  any  year. 

§  5.  Every  vessel  included  in  the  fifst  two  classes  of  the  ib.  classes  i  &  2. 
preceding  section,  shall  be  subject  to  such  length  of  quaran- 
tine, and  other  regulations,  as  the  health  officer  shall  desig- 
nate and  enjoin. 

§  G.  Every  vessel  included  in  the  third  class,  which  shall  ft.ciaiss. 
arrive  between  the  thirty-first  day  of  May  and  the  first  day 
of  October,  in  any  year,  shall  remain  at  quarantine  for  two 
days,  and  for  such  further  period  as  the  health  officer  shall 
deem  expedient ;  but  from  tiie  provisions  of  this  section,  ves- 
sels from  Canton  and  Calcutta  are  excepted,  unless  they  shall 

84 


I 


606 


PUBLIC  HEALTH — time  of  quarantine. 


have  been  at  some  place  in  the  West-Indies,  or  in  America 
south  of  St.  Mary's  in  Georgia,  and  north  of  the  Equator,  or 
on  the  continent  or  islands  near  the  continent  of  Africa,  after 
the  fifteenth  day  of  May,  in  the  year  of  their  arrival. 


Ik  Class  4. 


§  7.  Every  vessel  in  the  fourth  class,  which  shall  arrive 
within  the  days  mentioned  in  the  last  section,  and  every  ves- 
sel in  the  fifth  class,  remain  at  quarantine  for  at  least  thirty 
days  after  her  arrival,  and  in  all  cases,  at  least  twenty  days 
after  her  whole  cargo  shall  have  been  discharged  and  landed, 
and  shall  perform  such  further  quarantine  as  the  health  officer 
shall  prescribe. 


lb.  Steam  vessels 


§  8.  All  vessels  subject  to  a  regular  quarantine,  shall,  if 
navigated  by  steam,  be  subject  only  to  such  length  of  quar- 
antine, and  ather  regulations,  as  the  health  officer  shall  enjoin. 


StifiSicer^  ^  ^^'  '^^^^  quarantine  of  vessels  subject  thereto,  where  no 
period  of  regular  quarantine  is  prescribed,  shall  be  limited  by 
the  discretion  of  the  liealth  officer ;  but  unless  under  special 
circumstances,  and  with  the  sanction  of  the  board  or  commis- 
sioners of  health,  it  shall  not  exceed  the  time  requisite  for  a 
due  examination  of  the  vessel  and  cargo,  and  a  compliance 
with  the  regulations  of  this  Chapter. 


lb.  Coastwise. 


§  10.  Every  vessel  arriving  in  the  port  of  New- York 
coastwise,  after  the  first  day  of  June,  which  has  been  to  the 
West  Indies,  or  America  south  of  Georgia,  shall  be  subject 
to  the  same  regulations  as  are  imposed  on  such  vessels  under 
similar  circumstances,Hhat  have  arrived  direct  at  the  port  of 
New- York. 


Vessel*  how  re- 
moved from 
wharves. 


§  11.  The  mayor  of  the  city  of  New- York,  or  the  board 
or  the  commissioners  of  health,  whenever  in  their  judgment 
the  public  health  shall  require  it,  may  order  any  vessel  at  the 
wharves  of  the  city,  or  in  its  vicinity,  to  the  quarantine 
ground,  or  other  place  of  safety,  and  may  require  all  persons, 
articles  or  things,  landed  or  introduced  into  the  city  from 
such  vessel,  to  be  seized  and  returned  on  board,  or  removed 
to  the  quarantine  ground.  In  case  the  master,  owner,  or 
consignee  of  the  vessel  cannot  be  found,  or  shall  refuse  or 
neglect  to  obey  the  order  of  removal,  the  mayor,  or  the 


I 


PUBLIC  HEALTH— DUTIES  of  pilots.  667 

board  of  health,  shall  have  power  so  to  remove  the  vessel, 
at  the  expense  of  such  master,  owner,  or  consignee. 

t 
§  12.  No  vessel,  nor  person  so  ordered  out,  shall  return  to  ^^^  ^°  ^^^^^*- 
the  city  without  the  written  permit  of  the  board  of  health, 
the  mayor,  or  the  commissioners  of  health. 

§  13.  If  any  vessel  arriving  at  the  quarantine  ground  shall  maVpTsSfugh 
be  bound  to  some  port  eastward  of  the  city  of  New-  York,  and  ^^^"^  ^*^""^* 
beyond  this  state,  the  health  officer,  after  having  duly  visited 
and  examined  her,  may  permit  her  to  pass  on  her  voyage 
through  the  sound ;  but  no  such  vessel  shall  in  that  case,  be 
brought  to  anchor  off  the  city,  nor  shall  any  of  her  crew  or 
passengers  land  in,  or  hold  any  intercourse  or  communica- 
tion with  the  city,  or  with  any  person  therefrom. 

ARTICLE  SECOND. 

OF   THE    DUTIES    OF    PILOTS    IN    RELATION    TO  VESSELS  SUBJECT 
TO    QUARANTINE, 

Sect.  14.  To  hail  vessels. 

15.  When  to  dirert  them  to  proceed  to  quarantine. 

16.  Duties  in  conducting  vessels  into  port. 

§  14.  It  shall  be  the  duty  of  each  branch  and  deputy  pilot  To  haii  vessels, 
belonging  to  the  port,  to  use  his  utmost  endeavors  to  hail 
every  vessel  which  he  shall  discover  to  be  entering  the  port, 
and  to  demand  of  the  master  of  every  such  vessel,  whether 
any  person  has  died  or  been  sick  on  board,  during  the  pas- 
sage, and  whether  any  pestilential  fever  existed,  at  the  time 
of  her  sailing,  at  the  port  whence  she  sailed. 

§  15.  If  any  of  the  above  questions  shall  be  answered  in  •  Further  duty, 
the  affirmative,  the  pilot  shall  immediately  give  notice  to  the 
master  of  the  vessel,  that  he,  his  vessel,  crew,  passengers  and 
cargo,  are  subject  to  the  examination  of  tbe  health  officer ; 
andjshall  direct  him  to  proceed  and  anchor  his  vessel  at  the 
quarantine  anchorage,  there  to  await  the  further  directions  of 
the  health  officer. 

§  16.  It  shall  be  the  duty  of  every  pilot  who  shall  conduct  .^^gseiginlo'p^yjf 
into  port  a  vessel  subject  to  quarantine, 

1.  To  bring  such  vessel  to  anchor  within  the  buoys  mark- 
ing the  quarantine  anchorage. 


668  PUBLIC  HEALTH— TREATMENT  of  vessels,  &c. 

2.  To  prevent  any  vessel  or  boat  from  coming  along  side  of 
the  vessel  under  his  charge,  and^to  prevent  any  thing  on  board 
from  being  thrown  into  any  other  vessel  or  boat. 

3.  To  present  to  the  master  of  the  vessel  a  printed  copy 
of  this  Chapter,  when  such  copy  shall  have  been  delivered 
to  him  for  that  purpose. 

4.  To  take  care  that  no  violations  of  this  Chapter  be  com- 
mitted by  any  person  on  board,  and  to  report  such  as  may  be 
committed,  as  soon  as  may  be,  to  the  health  officer. 

ARTICLE  THIRD. 
regulations  concerning   the   treatment,    conduct  and 

DUTIES  of  vessels,  ARTICLES,  AND  PERSONS  UNDER  QUARAN- 
TINE. 

Sect.  17.  Health  officer  to  visit  vessels. 

18.  May  question  persons  on  board ;  administer  oaths. 

19.  To  report  to  board  of  health. 

S50.  Certain  vessels  to  be  ventilated,  &;c. 

21.  Who  may  be  permitted  to  come  to  the  city. 

2'2.  Certain  vessels  to  bo  unladen,  &c. 

23.  To  be  white-washed. 

24.  Health  officer  to  report  to  board  of  health  ;  when  vessel  to  be  released. 

25.  Cargoes  of  such  vessels  to  be  landed  and  cleansed. 
06.  Certain  articles  may  be  excepted. 

27.  When  cargo  admitted  into  the  city. 

28.  When  crew  and  passengers  admitted. 

29.  Power  of  health  officer  to  destroy  bedding  and  clothing. 

30.  West  India  produce  to  be  landed. 

31.  Except  in  certain  cases. 

32.  Rags,  hides  and  skins,  when  landed ;  how  removed. 

33.  Cotton,  and  other  articles,  when  to  be  landed. 

34.  When  to  be  shipped  ;  how  ;  where. 
♦      35   Wht;n  cotton  may  be  sent  to  the  city, 

36.  Vessels  to  be  designated  by  colours. 

37.  Boats  prohibited  from  landing  at  quarantine,  or  passing  through  range  of  vessel*. 

38.  Lighters  to  be  used  by  permission  and  under  restrictions  of  liealth  officer. 

39.  Vessels  not  to  approach  the  city  without  permit. 

40.  Bonds  by  persons  under  quarantine,  when  given  ;  to  whom. 

41.  Their  penalty  and  condition. 

42.  When  assignable  ;  for  what  purpose, 

43.  Poor  passengers,  how  supported, 

44.  Expense  chargeable  on  ve>sel, 

45.  Power  of  health  officer  to  confine  sailors  ;  when;  how  maintained. 

46.  (Quarantine  of  vessels  remaining  at  quaraatine  on  1st  October, 

Health  officer  to      §  17.  It  shall  be  the  duty  of  the  health  officer  to  enter  on 

visit  vessel 

board  of  every  vessel  subject  to  quarantine,  immediately  on 
,   her  arrival,  and  to  make  strict  search  and  inquiry  into  the 
health  of  the  officers,  crew  and  passengers,  and  into  the  state 
and  condition  of  the  vessel  and  her  cargo. 


I 


PUBLIC    HEALTH— TREATMENT  OF  VESSELS,  &c.  6G9 

§  18.  In  the  discharge  of  this  duty,  he  may  put  ?ll  such  His  powers, 
questions  to  the  persons  on  board,  as  he  shall  judge  necessary 
and  proper,  to  enable  him  to  ascertain  the  condition  of  the 
vessel,  and  the  length  of  quarantine  to  which  she  ought  to^ 
be  subject ;  and  the  persons  to  whom  such  questions  maybe 
put,  shall,  if  required,  answer  the  same  under  oath,  which 
the  health  officer  is  authorized  to  admjnister. 

§  19.  It  shall  be  the  duty  of  the  health  officer  to  make  to     to  report, 
the  board  of  health,  a  report  respecting  every  vessel  that  he 
shall  visit,  and  containing  all  such  information  as  may  enable 
the  board  to  determine  what  measures,  in  respect  to  such 
vessel,  ought  to  be  adopted. 


§  20.  Everv  vessel  subiect  to  a  renrular  quarantine  of  two   Purifying  ves- 
days,  shall,  during  its  quarantine,  be  thoroughly  ventilated 
and  cleansed,  and  the  clothing  and  bedding  of  the  crew  and 
passengers,  be  well  washed  arid  aired. 

§  21.  Captains  and  passengers,  arriving  from  healthy  ports,  ^^ 'Jo  tKity?'"*' 
and  in  healthy  vessels  subject  to  a  quarantine  of  two  days, 
may,  on  their  arrival,  be  permitted  to  come  into  the  city, 
without  any  baggage. 

^  22.  The  master,  owner,  or  consignee,  of  every  vessel  ^^^ladcn^&c"" 
subject  to  a  regular.quarantine  of  thirty  days,  shall  forthwith, 
upon  the  requisition,  and  under  the  direction  of  the  health  offi- 
cer, cause  such  vessel  to  be  unladen,  cleansed  and  purifi^. 

§  23.  Everv  vessel  mentioned  in  the  last  precedinsr  section.     To  he  wiiite- 

,  "  .  X  o  '  washed. 

shall,  during  her  quarantine,  be  at  least  three  times  thoroughly 
white-washed  in  every  part  of  the  inside,  except  such  parts 
as  have  been  painted  or  varnished,  which  shall  be  purified  as 
the  health  officer  shall  direct ;  and. such  vessel  shall  be  fumi- 
gated with  mineral  acid  gas,  when  required  by  the  health 
officer.  There  shall  be  an  interval  of  at  least  four  days 
between  each  white-washing,  and  when  the  weather  permits, 
wind-sails  shall  be  kept  in  each  hatchway  of  the  vessel. 

§24.  When   the   requisitions^  of  the    preceding   section   Vessel  when  to 
shall  have  been  complied  with,  and  the  regular  period  of 
quarantine  shall  have  expired,  if  the  health  officer  shall  judge 


670  PUBLIC    HEALTH— CARGO,  PASSENGERS,  AC. 

the  vessel  clean  and  free  from  infection,  he  shall  make  a  full 
report  of  all  the  circumstances  affecting  the  health  of  the 
vessel,  and  ''of  her  actual  condition,  to  the  board  of  health, 
who  may  then  release  the  vessel  from  quarantine. 

^^'"edT&c.^^"'^'      §  25.  It  shall  be  the  duty  of  the  health  officer  to  cause  the 

cargo  of  every  such  vessel,  to  be  landed  at  the  quarantine 

ground,  or  at  some  other  suitable  place  out  of  the  city,  and 

,  there  to  be  properly  ventilated  and  cleansed,  for  at  least 

twenty  days. 

% 

Certain  articles  §  26.  From  such  vcntilatiou  and  cleansing,  alum,  chalk, 
coals,  distilled,  expressed  and  fermented  liquors,  drugs  and 
medicines,  dye-woods,  glass,  stone  and  earthen  ware,  fruit 
in  a  sound  state,  honey,  ivory,  lignum- vita3,  mahogany,  me- 
tallic substances,  marble,  oils,  paints,  resin,  salts,  spices, 
sirups,  tar,  turpentine,  turtle  shell,  wax,  and  such  other 
articles  of  the  cargo  as  may  be  sufficiently  purified-  by 
washing  v/ith  water,  or  are  not  liable  to  retain  infection,  shall 
be  excepted,  if  the  authority  to  make  such  exception,  shall 
have  been  given  to  the  health  officer,  by  the  board  of  health, 
or  the  mayor  and  commissioners  of  health. 

iSueKth?dfy  §  2"^'  ^^  portion  of  such  cargo,  other  than  articles  except- 
ed under  the  preceding  section,  shall  be  conveyed  to  the  city, 
without  the  permit  of  the  board  of  health,  which  shall  not 
be  given  until  the  health  officer,  or  some  special  agent  ap- 
proved of  by  the  board  of  health,  shall  have  reported  to  the 
board,  that  such  cargo  has  been  properly  ventilated  and 
cleansed,  and  is  in  a  sound  condition,  and  free  from  infection. 

%tT&c^  wh?n       §  2®-  None  of  the  officers,  passengers  or  crew  of  any  such 
Am"endt!dbythe'^6ssel  shall  procccd  to  or  cutcr  the  city,  until  fifteen  days 
id;Vpo^t!^"'  ^^'  after  the  sailing  of  the  vessel  from  her  foreign  port  of  de- 
parture, nor  until  fifteen  days  after  the  last  case  of  pestilen- 
tial or  infectious  fever  that  shall  have  occurred  on  board,  nor 
until  ten  days  after  landing  at  quarantine. 

,  to^bede"stroyed.'  §  29.  The  health  officer,  if  he  shall  judge  it  necessary  to 
prevent  infection  or  contagion,  may  cause  any  bedding  or 
clothing  on  board  a  vessel  subject  to  quarantine,  or  any  por- 
tion of  her  cargo  that  he  may  deem  infected,  to  be  de- 
stroyed. 


PUBLIC  HEALTH — cotton,  &c.  to  be  detained.  671 

§  30.  If  there  shall  be  any  West-India  produce  or  mer-  j^^r^'J^'.^lLrd 
chandise,  other  than  such  articles  a^  are  enumerated  in  the 
twenty-sixth  section  of  this  Title,  or  that  may  be  excepted 
under  that  section,  on  board  of  any  coasting  vessel  subject 
to  quarantine,  it  shall  be  the  duty  of  the  health  officer,  (ex- 
cept in  the  cases  mentioned  in  the  next  succeeding  section,) 
to  order  such  produce  or  merchandise  to  be  landed  for  puri- 
fication, at  the  quarantine  ground,  or  at  some  suitable  place 
out  of  the  city,  subject  to  his  orders  and  regulations,  or  if 
not  landed  at  the  quarantine  ground,  to  those  of  the  mayor 
and  commissioners  of  health. 

§  31.  The  landino;  of  such  produce  or  merchandise  from  Except  in  ccrtaio 

'  o  X  ^  casus, 

any  such  vessel,  shall  not  be  required,  if  the  master  shall  ex- 
hibit satisfactory  proof  that  it  is  free  from  damage,  and  has 
been  landed  in  the  United  States,  or  some  British  port  of  North 
America,  more  than  twenty  days ;  or  that  the  port  in  the 
West-Indies  where  it  was  shipped,  was  healthy  at  the  time 
of  such  shipment,  and  that  the  vessel  in  which  it  was  import- 
ed, was  also  healthjf,  from  the  time  of  her  departure  from 
the  United  States,  or  British  port  of  North  America,  until 
her  return. 

§  32.  All  racrs,  hides  and  skins,  arriving]:  in  vessels  subiect     R^ffs,  hides, 

'  °  '  ^  ''  and  i-kins,  when 

to  the  examination  of  the  health  officer,  between  the  thirty-  landed, 
first  day  of  May  and  the  first  day  of  October  in  any  year, 
shall  be  discharged  at  the  quarantine  ground :  if  the  health  . 
officer  on  examination,  shall  find  the  articles  so  discharged 
to  be  sound,  he  may  grant  a  permit  for  their  removal  to 
those  parts  of  the  city,  where  their  entry  is  permitted,  unless 
they  shall  have  arrived  under  the  circumstances  mentioned 
in  the  next  succeeding  section.  If,  in  his  opinion,  such  re- 
moval would  be  dangerous  to  the  public  health,  the  health  offi- 
cer shall  detain  such  articles  until  they  shall  have  been 
cleansed  or  purified,  or  until,  in  his  judgment,  they  may  be 
removed  with  safety. 

§  33.  All  cotton,  all  the  articles  enumerated  in  the  last  pre-  cotton  and  other 
ceding  section,  and  all  other  articles  in  the  opinion  of  the  Sed!  ^°  ^^  ^^' 
health  officer  likely  to  imbibe  and  retain  infection,  shall  be 
detained  at  the  quarantine  ground,  or  at  some  other  suitable 
pl.ace  without  the  limits  of  the  city,  until  the  first  day  of  No- 


672 


PUBLIC  HEALTH — cotton  &c.  to  be  detained. 


vember,  if  they  shall  arrive  between  the  thirty-first  day  o 
May  and  the  first  day  of  November,  in  any  vessel  on  boarc 
of  which  any  person  is,  or  shall  have  been  sick,  of  any  pes 
tilential  or  infectious  fever  during  the  time  the  cargo  was  on. 
board,  or  which  shall  have  brought  such  articles  from  a  port, 
where  such  fever  existed  at  the  time  of,  or  shortly  previous 
to  their  shipment. 


When  to  be 
shipped. 


§  34.  If  in  their  opinion  it  shall  not  be  dangerous  to  the 
public  health,  the  health  officer,  the  board  of  health,. or  the 
mayor  and  commissioners  of  health,  may  permit  such  arti- 
cles to  be  shipped  for  exportation  by  sea,  or  transportation 
up  the  North  or  East  river,  in  any  vessel  w^hich  shall  not  ap- 
proach, whilst  loading  or  .when  loaded,  nearer  than  three 
hundred  yards  to  the  wharv^es  of  the  city  :  and  if  any  vessel 
so  loaded,  shall  approach  nearer  to  the  city,  the  articles  so 
loaded  may  be  seized  and  sold  by  the  commissioners  of 
health,  for  the  use  of  the  marine  hospital. 


When  may  be 
sent  to  the  city. 


§  85.  If  any  vessel  subject  to  quarantine  for  less  than  thir- 
ty days,  and  laden  in  whole  or  in  part  with  cotton  of  the 
United  States  or  their  territories,  shall  have  on  board  any 
sick  person,  the  character  of  whose  disease  cannot  be  im- 
mediately ascertained,  the  health  officer  may  detain  such 
vessel  and  cargo  at  quarantine,  ^for  a  term  not  exceeding  ten 
days  ;  and  if,  in  his  opinion,  the  disease  of  such  sick  person 
is  not  of  a  malignant  or  pestilential  nature,  he  may  either  re- 
lease the  vessel  and  cargo  from  quarantine,  or,  detaining  the 
vessel,  may  permit  the  cotton  to  be  sent  directly  to  the  city 
of  New- York,  or  to  be  put  on  board  of  any  vessel,  at  the 
wdiarves  of  the  city,  for  e:tportation. 


Vessels  to  have  ^  30,  Evcry  vcsscl  subjcct  to  quarantine  shall  be  desig- 
nated by  colours,  to  be  fixed  in  a  conspicuous  part  of  the 
main  shrouds  of  the  vessel,  and  to  remain  there  until  the  ex- 


piration of  her  quarantine. 


Boats  not  to  land, 


§  37.  No  boat  from  any  outward  or  inward  bound  vessel, 
shall  land  at  the  quarantine  ground  after  sunset ;  nor  shall 
boats  of  any  description,  at  any  time,  pass  through  the  range 
of  vessels  lying  at  quarantine,  \vithout  the  perinission  of  the 
health  officer. 


PUBLIC  HEALTH— WHEN  bond  required.  673 

§  38.  No  lighters  shall  be  employed  to  load  or  unload  ves-      Lighters, 
sels  at  quarantine,  but  by  the  permission  of  the  health  offi- 
cer, and  subject  to  such  restrictions  as  he  shall  impose. 

§  39.  No  vessel  subiect  to  quarantine,  shall  approach  the  vesseisnottoap- 

•^  A  '  .  iproach  the  city. 

city  of  NeW'York  beyond  the  place  assigned  for  quarantine, 
without  a  written  permit  from  the  health  officer  ;  nor  shall 
any  such  permit  be  granted  to  any  vessel  -or  any  portion  of 
her  cargo,  until  the  requisitions  of  this  Chapter^  in  relation 
to  such  vessel  or  cargo,  shall  have  been  complied  with. 

§  40.  The  health  ofiicer,  whenever  he  shall  deem  it  expo-     certain  bond 

_  '  ^         may  be  required. 

dient,  may  require  any  person  placed  under  quarantine,  to 
execute  a  bond  with  such  sureties  as  he  shall  approve,  to  the 
commissioners  of  health,. and  their  successors  in  oflice. 

§  4L  The  penalty  of  such  bond  shall  not  be  less  than  five  ^^Shion^"** 
hundred,  nor  more  than  two  thousand  dollars,  and  its  condi- 
tion shall  be,  that  the  person  executing  it,  shall  not,  during 
his  period  of  quarantine,  approach  nearer  the  City  Hall  in 
the  city  of  New- York,  than  the  distance  of  three  miles,  ex- 
cept in  passing  the  city  by  water,  and  that  he  shall  not  go 
into  any  city  or  town  of  the  United  States,  in  violation  of 
the  quarantine  laws  thereof. 

§42.  If  the  person  executing  such  bond,  shall  break  its  vviien  assigned 
condition,  by  visiting  any  city  br  town  of  the  United  States, 
other  than  the  city  of  New- York,  the  board  of  health,  on,the 
application  of  the  proper  authority,  may  direct  such  an  as- 
signment of  the  bond  to  be  made,  as  shall  enable  the  assignee 
to  prosecute  thereon,  and  to  apply  the  penalty  thereof,  when 
recovered,  to  such  uses  as  may  be  directed  by  the  quar^m- 
tine  laws  of  the  state,  to  which  such  city  or  town  may  belong. 

§43.  All  passengers  placed  under  quarantine,  who  shall   roor  passengers 
be  unable  to  maintain  themselves,  shall  be  provided  for  by 
the  master  of  the  vessel  in  which  they  shall  have  arrived. 

§  44.  If  the  master  shall  omit  so  to  provide  for  them,  they         ibid, 
shall  be  maintained  on  shore,  and  the  expense  of  their  main- 
tenance-be"  charged  to  their  vessel  ;  nor  shall  such  vessel  be 

85 


^^^  PUBLIC  HEALTH—WHEN  bond  requireit. 

permitted  to  leave  the  quarantine,  until  the  monies  so  ex- 
pended shall  have  been  repaid^ 

how  confined.  §  45.  The  health  officer,  upon  the  application  of  the  ma-s- 
ter  of  any  vessel  under  quarantine,  and  his  consenting  to  pay 
for  the  maintenance  of  the  offender  whilst  in  custody,  may 
direct  to  be  confined  in  some  suitable  place  on  shore,  any 
mate,  sailor,  or  mariner  on  board  of  such  vessel,  who  shall 
have  committed  an  offence,  punishable  by  the  laws  of  this 
state  or  of  the  United  States,  and  who  cannot  be  properly 
secured  for  punishment  on  board  of  his  vessel.  Such  con- 
finement shall  continue  during  the  residue  of  the  quarantine 
of  the  offender,  or  until  he  shall  be  proceeded  against  in  due 
course  of  law  ;  and  the  expenses  of  maintaining  the  offender, 
shall  be  charged  and  paid  in  the  same  manner,  as  the  expen- 
ses of  maintaining  poor  passengers. 

Quarantine  of       §  46.  All  vcsscls  and  Dcrsons  remaining  at  quarantine  on 

certain  veeselB.       ,^  r^i  ini  rii- 

the  firstday  of  October,  shall  thereafter  be  subject  only  to  such 
quarantine  and  restrictions,  as  vessels  and  persons  arriving 
on  or  after  that  day. 


CHAP.  CCCXXXUL 

AN  ACT  to  amend  the  Third  Article  of  the  Second  Title  of 
the  Fourteenth  Chapter  of  the  First  Part  of  the  Revised 
Statutes, 

Passed  April  20,  1830,  p.  416. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  In  all  cases  arising  under  the  twenty-eighth  section 
of  the  article  hereby  amended,  it  shall  be  lawful  for  the 
health  officer,  in  his  discretion,  to  permit  any  healthy  person 
arriving  from  sea  in  a  healthy  yessel,  and  who  may  not  have 
been  exposed  to  any  infectious  or  contagious  disease  during 
the  last  fifteen  days  preceding  such  arrival  ^t  quarantine,  to 
come  to  the  city  of  New- York  without  baggage. 


PUBLIC    HEALTH— TREATMENT  OF  VESSELS,  JtC.  675 


ARTICLE  FOURTH. 

REGULA.TIOXS  CONCERNtNG  THE  TREATMENT  AND  CONDUCT  OF 
VESSELS,  ARTICLES  AND  PERSONS  RELEASED  FROM  QUARAN- 
TINE, OR  EXExMPT  THEREFROM. 

Sect.  47.  Master  to  deliver  permit ;  to  whom. 

48.  Certain  vessels  not  to  come  within  certain  bounds. 

49.  When  permits  may  be  granted  ;  cargo  may  first  be  unloaded. 

50.  Inispector'sduflcs  in  such  case. 

51.  Vessel  to  be  directed  to  a  wharf;  when  and  how  she  may  leave  it. 

52.  Cargoes  of  certain  other  vessels,  under  what  restrictions  introduced  into  eity. 

53.  54,  55.  The  same. 

56.  Cargoes  of  certain  vessels  not  to  be  brought  into  city  without  permit. 

57.  Permit,  when  granted. 

58.  Certain  other  vessels  not  to  approach  within  certain  bounds  in  period  fiitd. 

59.  Where  case  of  fever,  cargo  not  to  be  introduced  within  certain  period, 
GO.  Certain  vessels  not  to  come  within  certain  bounds. 

61.  When  permit  may  be  granted  ;  by  whom. 

62.  i\o  person  to  enter  city  until  fifteen  days  after  last  case  of  fevar. 
C3.  Clothing  or  merchandise  not  to  be  bronght  into  city  until  purified. 

§  47.  The  master  of  every  vessel  released  from  quaran-  Masterjo^deiiw 
tine,  and  arriving  at  the  city  of  New- York,  shall  within 
twenty-four  hours  after  such  arrival,  deliver  the  permit  of  the 
health  officer  at  the  office  of  the  mayor  and  commissioners 
of  health,  or  to  such  person  as  they  shall  direct. 

§  48.  No  vessel  subject  to  a  regular  quarantine  of  two  rSlS^d'tTcOT- 
days,  unless  she  shall  have  sailed  from  some  port  in  the  West «»'"  bound*. 
Indies,  or  in  America  south  .of  Louisiana  and  north  of  the 
equator,  before  the  sixteenth  day  of  May ;  or  from  some  port 
in  the  United  States  south  of  Georgia,  before  the  first  day 
of  June  in  the  year  of  her  arrival,  shall,  when  released  from 
quarantine,  approach  within  three  hundred  yards  of  that  part 
of  the  island  of  New-York  which  lies  southward  of  Bank 
street  on  the  North  river,  and  of  Eighth  street  on  the  East 
river,  until  after  the  first  day  of  October,  in  the  year  of  her 
arrival ;  unless  by  virtue  of  a  special  permission  to  be  granted 
under  the  circumstances  mentioned  in  the  three  next  follow- 
ing sections. 

§  49.  If  any  siicii  vessel  shall  have  arrived  from  any  place  when  excepted. 
in  the  Mediterranean,  in  Asia,  in  America  south  of  the  equa- 
tor, or  from  the  Madeira,  Canary,  Cape  de  Yerd,  Western, 
Bermuda  or  Bahama  islands,  the  mayor  and  commissioners 
of  health,  may,  by  a  special  permission  in  writing,  direct  her 


676  PUBLIC  HEALTH— TRE.YTMEXT  of  vessels,  &c. 

to  be  hauled  to  a  wharf  south  of  the  bounds  so  prescribed  ; 
and  in  their  discretion  may  fii\st  order  her  cargo,  or  any  por- 
tion thereof,  to  be. unloaded,  subject  to  their  orders  and  re- 
gulations. 

Inspector's  duty.  §  50.  Wlicrc  such  Order  for  unloading  the  cargo  shall 
have  been  made,  the  "inspector  of  vessels,  after  such  vessel 
"shall  have  been  unloaded,  shall  see  that  the  vessel  and  ballast 
are  properly  cleansed,  and  when  the  same  are  duly  cleansed 
and  purified,  shall  make  his  report  to  the  mayor  and  commis- 
sioners of  health. 

Tocated.'"''        §5L  The  mayor  and  commissioners  of  health  may  then 

direct  the  vessel  to  such  wharf  as  they  may  deem  proper  ; 

and  no  vessel  being  at  the  wdiarf  pursuant  to  such  direction, 

maTbeJande?  ^^^^^^»  witliout  their  permission  in  writing,  depart  thence,  or 

change  her  birth,  until  the  first  day  of  the  ensuing  October. 

§  52.  If  any  coasting  vessel  subject  to  a  regular  quaran- 
tine of  two  days,  shall  be  wdioU}^  laden  with  lumber  or  tim- 
ber, the  mayor  and  commissioners  of  health  may  permit  her 
cargo  to  be  discharged  at  any  wharf  they  shall  designate  ; 
but  after  such  discharge,  such  vessel  shdll  be  subject  to  all 
restrictions  in  the  preceding  sections  in  this  Article  con- 
tained. 

rn^y^comrS  u!e      ^  ^^*  ^^^^  vcsscl  which  has  bccn  regularly  employed  in 
wharves.  trading  to  one  port  ox  island  in  tlie  West  Indies,  or  America 

south  of  Georgia  and  north  of  the  equator,  for  the  period  of 
twelve  months,  immediately  preceding  her  arrival  at  the  port 
of  New- York,  and  the  port  or  island  being  free  from  any 
yellpw,  biUous-malignant  or  any  pestilential  or  infectious 
fever,  as  well  as  the  crew  and  passengers,  and  having  per- 
formed her  regular  quarantine  of  two  days,  and  been  pro- 
perly ventilated,  and  permitted  by  the  health  officer  to  proceed 
to  the  stream,  three  hundred  yards  from  the  city,  may  be  per- 
mitted by  the  mayor  arid  commissioners  of  health,  to  come 
to  the  wharf  with  her  cargo  on  board,  on  and  after  the  first 
day  of  October,  provided  the  cargo  in  their  opinion  is  of  a 
harmless  character. 

it>id'  §  54.  Any  new  vessel,  or  any  other  vessel  not  employed 

before  in  the  West  India,  or  Southern  trade,  south  of  Geor- 


I'UBLIC  HEALTH — treat3ient  of  vessels,  &c.  677 

gia,/ shall  be  subject  to  tlie  same  regulations  as  mentiened  in 
the  last  preceding  section,  if  employed  in  such  regular  trade,  ; 
although  she  may  be  so  employed  for  a  less  period  than  one 
year,    provided  she  is  in  all   other  respects  similarly   cir- 
cumstanced. 

§  55.  All  vessels  from  the  West  India  islands, and  America  i^'**- 
south  of  Georgia  and  north  of  the  equator,  being  healthy 
and  from  healthy  ports,  after  performing  two  days' quaran- 
tine," and  being  properly  ventilated,  and  being  permitted  by 
the  health  oOicer  to  come  to  the  stream,  three  hundred  yards 
from  the  city,  may,  after  their  cargoes  shall  have  been  dis- 
charged, and  the  vessel  V\'ell  cleaned  and  purified,  be  permit- 
ed  by  the  ma3'or  and  commissioners  of  health,  to  come  to 
such  wharf  as  they  may  designate,  to  receive  their  outward 
cargoes,  at  anv  time  after  the  first  of  October. 


rarcops  of  cer- 
not^to 


§  5G.  If  any  vessel  subject  to  a  regular  quarantine  of  two  taiMv.i'I'rs 
days,  shall  have  arrived  from  any  place  in  the  West  Indies,  'li.^'Shout p" r* 
or  in  America  south  of  Georgia  and  north  of  the  equator,  "'"• 
or  from  any  place  on  the  contment,  or  the  islands  near  the 
continent  of  Africa  ;  or  shall  have  been  at  any  of  the  places 
so  enumerated,  after  the  fifteenth  day  of  May,  in  the  year  of 
her  arrival,  no  portion  of  her  cargo  shall  be  brought  into  the 
citv,  before  the  first  day  of  October,  in  the  year  of  her  arrival, 
until  it  shall  have  been  inspected  by  an  inspector  of  vessels, 
unless  by  a  special  permission  in  writing,  of  the  mayor  and 
commissioners  of 


'  ^lealth. 


k>  57.  When  such  inspector  shall  have  made  his  report  to    Prrmit  whm 

z'  1         1   I        I  1-  granted. 

the  mayor  and  commissioners  of  health,  they  may  direct  such 
cargo,  or  any  part  thereof,  to  be  brought  into  the  city,  subject 
to  such  regulations  as  they  shall  prescribe,  or  may  order  it 
to  be  landed  at  some. suitable  place  out  of  the  city,  there  to 
be  detained  at  least  twenty  days  and  properly  ventilated, 
and  then  to  be  brought  into  the  city,  subject  to  their  regu- 
lations. 

§  58.  No  vessel  subject  to  a  regular  quarantine  of  thirty  certain  vessels 
days,  when  permitted  to  proceed,  sliall  approach  within  three  trcur^"""'^ 
hundred  yards  of  the  city  of  New- York,  between  the  first 


678  PUBLIC  HEALTH— WHEN  vessels  approach,  «kc. 

day  of  June  and  the  first  day  of  October,  in  the  year  of  her 
arrival. 

biThuo^cu^  ^  ^^*  No.  cargo  or  part  of  the  cargo  of  any  vessel,  on 
board  of  which  ^during  her  voyage,  a  case  of  any  pestilential 
fever  shall  have  occurred,  shall  be  brought  into  the  city  of 
New- York  between  the  first  day  of  June  and  the  first  day  of 
November,  except  by  permission  in  writing  of  the  board  of 
health. 

Certain  vessels       §  GO.  No  vesscl  arriving  from  any  place  in  the  United 
the  city.  States  north  of  Cape  Henlopen,  or  in  British  North  America, 

between  the  thirty-first  day  of  May  and  the  first  day  of  Oc- 
tober in  any  year,  having  on  board  West  India  produce,  or 
merchandise,  shall  approach  within  three  hundred  yards  of 
the  Island  of  New- York,  southv/ard  of  the  bounds  before  in 
this  Article  prescribed,  until  permitted  by  the  mayor  and 
commissioners  of  health,  or  health  officer. 

When  may  be  §  6L  If  the  master  of  any  such  vessel  shall  exhibit  to  the 
mayor  and  commissioners  of  health,  such  satisfactory  proof 
as  is  required  in  the  thirty-first  section  of  this  Title,  they 
may  permit  the  vessel  to  be  hauled  to  any  wharf  of  the  city, 
and  such  produce  or  merchandise  may  be  there  landed ; 
otherwise  it  shall  be  sent  to  some  suitable  place  out  of  the 
city,  for  purification,  subject  to  their  regulations. 

Crews,  &c.  not       §  62.  No  Dcrson  who  shall  have  been  one  of  the  crew,  or 

to  enter  the  city.         ■*  ^  ,  .     . 

a  passenger,  in  any  vessel,  at  whatever  place  arrivmg,  on 
board  of  which  any  person  shall  have  been  sick  of  any  pes- 
tilential fever,  shall  enter  the  city  of  New-York  until  fifteen 
days  after  the  last  case  of  such  fever  that  shall  have  occur- 
red on  board  such  vessel. 

Clothing,  &c.  not  ^  63.  No  pcrsou  shall  bring  into  the  city  of  New- York  any 
to  city.  "  clothing,  bedding  or  merchandise,  that  shall  have  been  on 
board  of  any  such  vessel  as  is  referred  to  jn  the  last  preced- 
ino"  section,  until  such  article  shall  have  been  cleansed  and 
purified;  and  all  such  articles  brought  into  the  city  con- 
trary to  this  section,  may  be  seized  and  sold  by  the  commis- 
sioners of  health,  for  the  use  of  the  marine  hospital. 


PUBLIC  HEALTH— INTERCOURSE,  &c,  079 

ARTICLE  FIFTH. 

OF  THE  REGULATION  OF  INTERCOURSE  WITH  INFECTED  PLACES. 

SicT.  64.  Proclamation  of  mayor,  &c.  of  infected  places. 

65.  Period  for  its  ceasing  to  be  fixed  ;  may  be  extended. 

66.  Vessels  arriving  after  proclamation  subject  to  quarantine  of  at  least  30  days. 

67.  Board  of  health  may  regulate  internal  intercourse  with  infected  places. 

§  64.  The  mayor  of  the  city  of  New- York,  or  the  president,  ^^fe^^dpiZel, 
at  the  time,  of  the  board  of  health,  may  issue  his  proclama- 
tion, declaring  any  place  where  there  shall  be  reason  to  be- 
lieve a  pestilential  or  infectious  fever  actually  exists,  to  be 
an  infected  place  within  the  meaning  of  the  health  laws  of 
this  state. 

§  65.  Such  proclamation  shall  fix  the  period  when  it  shall       ^^id.- 
cease  to  have  effect ;  but  such  period,  if  they  shall  judge  the 
public  health  to  require  it,  may  from  time  to  time  be  extend- 
ed by  the  board  of  health,  and  notice  of  such  extension  shall 
be  published  in  one  or  more  of  the  newspapers  of  the  city. 

§  66.  After  such  proclamation  shall  have  been  issued,  all  consequence  or 
vessels  arriving  in  the  port  of  New- York  from  such  infected 
place,  shall  be  subject  to  a  quarantine  of  at  least  thirty  days, 
and,  together  with  their  oflicers,  crews,  passengers  and  car- 
goes, to  all  the  provisions,  regulations  and  penalties  of  this 
Chapter,  in  relation  to  vessels  subject  to  a  similar  quarantine. 

§  67.  The  board  of  health  may,  in  theif  discretion,  prohibit  ^TL'Stt.'^^ 
or  regulate  the  internal  intercourse  by  land  or  water,  between 
the  city  of  New- York  and  such  infected  place  ;  and  may  di- 
rect, that  all  persons  who  shall  come  into  the  city  of  New- 
York,  contrary  to  their  prohibitions  or  regulations,  shall  be 
apprehended  and  conveyed  to  the  vessel  or  place  wiience 
they  last  came  ;  or  if  sick,  that  they  be  conveyed  to  the  ma- 
rine hospital,  or  such  other  place  as  the  board  of  health  shall 
direct. 


680  PUBLIC  HEALTH— PENALTIES,  d.c. 

ARTICLE  SIXTH. 

PENALTIES  FOR  VIOLATING  THE  PllOVISIO'?«S  OF  THIS  TITLE. 

Sect.  68.  Master  violating  certain  provisions  to  be  deemed  guilty  of  a  misdemeanor ;  how 
punished. 
69,  70,  Violating  certain  other  provisions,  the  same. 

71.  Giving  false  information  to  pilot,  landing  goods  or  persons,  proceeding  beyond 

quarantine  ground,  the  same. 

72.  Every  person  violating  certain  provi.sionf,^the  same. 

73.  Opposing  or  obstructing  health  ofiicer  in  tlie  performance  of  his  duties,  the  sanie- 

74.  Entering  quarantine  ground,  the  same. 

75.  Violating  section  37,  the  same,  fine  only.  • 

76.  Holding  intercourse  with  vessel,  the  same,  fine  or  imprisonment. 

77.  May  be  detained  at  quarantine. 

78.  Health  officer  to  give  information  of  such  transgression. 

79.  Master  violating  section  36,  to  forfeit  certain  sum. 

80.  Every  person  violating  certain  provision,  the  same. 

81.  Person  leaving  quarantine,  same;  duty  of  magistrates  in  such  case. 

82.  Pilot  violating  Article  2d.  punishable  for  misdemeanor  ;  fine. 
X                          83.  Suspension  of  pilot. 

84.  Violation  of  Article  5,  misdemeanor  ;  punishable  by  fine  or  imprisonment. 

/masters^"  ^  ^®*  Every  master  of  a  vessel  subject  to  quarantine,  ar- 
riving in  the  port  of  New- York,  who  shall  refuse  or  neglect 
either, 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  as- 
signed for  quarantine,  at  the  time  of  his  arrival : 

2.  To  submit  his  vessel,  cargo  and  passengers,  to  the  ex- 
amination of  the  health  officer,  and  to  furnish  all  necessary 
information  to  enable  that  officer  to  determine  to  what  length 
of  quarantine  and  other  regulations  they  ought  respectively 
to  be  subject : 

3.  To  remain  witji  his  vessel  at'quarantine  during  the  pe- 
riod assigned  for  her  quarantine :  and  whilst  at  quarantine, 
to  comply  with  the  directions  and  regulations  of  this  Chapter, 
and  with  such  as  any  of  the  officers  of  health,  by  virtue  of 
the  authority  given  to  them  in  this  Chapter,  shall  prescribe 
in  relation  to  his  vessel,  his  cargo,  himself  or  his  crew : 

Shall  be  considered  guilty  of  a  misdemeanor,  punishable 
by  fine  or  imprisonment ;  the  fine  for  each  offence  not  to  ex- 
ceed two  thousand  dollars,  nor  the  imprisonment  twelve 
months. 

jbid.  ^  69.  Every  such  master,  who  shall  violate \he  provisions 

of  the  thirty-ninth  and  forty-seventh  sections  of  this  Title,  by 
refusing  or  neglecting  to  comply  with  any  of  the  directions 
in  those  sections  respectively  contained,  shall  be  consi'^^frod 


PUBLIC  HEALTH— PENALTIES,  <fec.  681 

guilty  of  the  like  offence,  and  be  subject  for  each  offence  to 
the  like  punishment. 

§  70.  Every  master  of  a  vessel  who  shall  violate  the  pro-  '''i*^- 
visions  of  the  thirtieth,  thirty-first,  sixtieth  and  sixty-first 
sections  of  this  Title,  by  refusing  or  neglecting  to  comply 
with  the  directions  therein  contained,  or  with  the  orders 
and  regulations  of  the  mayor  and  commissioners  of  health 
by  virtue  of  the  authority  therein  given,  shall  be  considered 
guilty  of  the  like  offence  ;  the  fine  not  to  exceed  five  hun- 
dred dollars,  nor  the  imprisonment  six  months. 

§  7L  Every  master  of  a  vessel  hailed  by  a  pilot,  who  shall       iwd. 
either, 

L  Give  false  information  to  such  pilot  relative  to  the  con- 
dition of  his  vessel,  crew,  passengers  or  cargo,  or  the  health 
of  the  place  or  places  whence  he  came,  or  refuse  to  give  such 
information  as  shall  be  lawfully  required : 

2.  Or  land  jjny  person  from  his  vessel,  or  unlade  or  tran- 
ship any  portion  of  his  cargo  before  his  vessel  shall  have  been 
visited  and  examined  by  the  health  officer: 

3.  Or  shall  approach  with  his  vessel  nearer  the  city  of 
New- York  than  the  place  of  quarantine  to  which  he  shall  be 
directed : 

Sliall  be  considered  guilty  of  the  like  offence,  and  for  each 
offence  shall  be  fined  in  a  sum  not  exceeding  five  hundred 
dollars.  And  every  person  who  shall  land  from  any  such 
vessel,  or  unladeor  tranship  any  portion  of  her  cargo,  under 
the  like  circumstances,  shall  be  considered  guilty  of  the 
like  offence,  and  be  subject  to  the  like  penalty. 

§  72.  Every  person  upon  whom  anv  dutv  is  or  shall  be  en-  Penalties  for  vio- 
jomed,  or  prohibition  laid,  under  the  lollowing  sections,  provisions, 
nainely,  the  fourth,  sixth,  eighth,  ninth,  tenth,  eleventh,  twen. 
tiiBth,  twenty -first,  twenty-second,  twenty-third,  twenty- 
fourth,  twenty-fiftli,  twenty-seventh,  twenty-eighth,  forty- 
eighth,  forty-ninth,  fiftieth,  fifty-first,  fifty-second,  fi^y-third, 
fifty-fourth,  fifty-fifth,  fifty-sixth,  fifty-seventh,  fifty-eighth  and 
fifty-ninth  sections  of  this  Title,  who  shall  violate  any  pro- 
visions in  the  sections  so  enumerated,  by  refusing  or  neglect- 
ing to  obey  the  directions,  regulations  or  prohibitions  there- 
in contained,  or  such  orders  and  regulations  as  shall  be  made 

86  . 


082  PUBLIC  HEALTH— PENALTIES,  &c. 

by  the  officers  of  health  therein  named  under  the  authority 
there  given,  shall  be  considei'ed  guilty  of  the  like  offence, 
and  for  each  offence  be  fined  in  a  sum  not  exceeding  two 
thousand  dollars,  or  imprisoned  for  a  term  not  exceeding 
twelve  months. 

h?iith  oSr.  §  '^^'  Every  person  who  shall  oppose  or  obstruct  the 
health  officer  in  performing  the  duties  required  of  him  in  this 
Title,  shall  be  considered  guilty  of  the  like  offence  ;  the  fine 
for  each  offence  not  to  exceed  five  hundred  dollars,  nor  the 
imprisonment  three  months. 

Entering  quarau       §  74.  Evcry  pcrsou   wlio,  without   tlic  authority   of  the 
tinegroun  .     j^g^j^^j^  ofHccr  or  board  of  health,  shall  go  within  the  enclo- 
sure of  the  qu"arantine  ground,  shall  be  considered  guilty  of 
the  like  offence  ;  the  fine  for  each  offence  not  to  exceed  one 
hundred  dollars,  nor  the  imprisonment  thirty  days. 

Violating  sec.  37.  §  75.  Evcry  pcrsou  who  shall  violate  the  prohibition  of 
the  thirty-seventh  section  of  this  Title,  shall  be  considered 
guilty  of  the  like  offence,  and  be  fined  for  each  offence  in  a 
sum  not  exceeding  fifty  dollars. 

Intercourse  with  ^  76.  Evcry  pcrsou  who  shall  go  on  board  of,  or  have  any 
communication,  intercourse  or  dealing  v/ith  any  vessel  at 
quarantine,  without  the  permission  of  the  health  officer,  shall 
be  considered  guilty  of  a  misdemeanor,  punishable  by  fine 
or  imprisonment. 

When  offenders       x  rjj    guch  offender  sliall  also  be  detained  at  quarantine 

aetameu.  •> 

so  long  as  the  board  of  health  shall  direct,  not  to  exceed 
twenty  days,  unless  he  shall  be  taken  sick  of  some  pestilen- 
tial or  infectious  disease.  • . 

Noticeof offences  §  78.  It  shall  be  the  duty  of  the  health  officer  to  give  im- 
mediate information  to  the  board  of  health,  of  every  such 
transgression,  the  circumstances  attending  it,  and  the  condi- 
tion of  the  vessel  w^ith  which  a  communication  shall  have 
been  had,  that  the  board  may  determine  how  long  the  offend- 
er ought  to  be  detained  at  quarantine. 


PUBLIC  HEALTH— PENALTIES,  &c. 


(583 


§  79.  Every  master  of  a  vessel  who  shall  not  comply  with  violating  9©<-.  se. 
the  directions  of  the  thirty-sixth  section  of  this  Title,  shall 
forfeit  for  each  offence  the  sum  of  fifty  dollars,  and  the  fmther 
sum  of  three  dollars  for  every  hour  he  shall  so  offend. 

§  80.  Every  person  who  shall  violate  the  prohibitions  of  ^^[f '^^^"s  •^*  ^ 
the  sixty-second  and  sixty-third  sections  of  this  Tit!e,  shall 
for  each  offence  forfeit  the  sum  of  five  hundred  dollars. 

§  81.  Every  person  under  quarantine  shall  be  subject  to  quStiST 
to  the  same  penalty,  who  shall  elope  from  or  go  beyond  the 
bounds  assigned  to  him  for  his  quarantine ;  and  it  shall  be 
the  duty  of  every  justice-  of  the  peace  or  other  magistrate  be- 
fore whom  any  such  offender  shall  be  brought,  to  order  him 
by  warrant  to  be  re-conveyed  to  the  quarantine  ground,  there 
to  remain  for  the  residue  of  his  term  of  quarantine. 

§  82.  Every  pilot  who  shall  refuse  or  neglect  to  perform     ***"p|}o"  *^ 
the  duties  enjoined  on  him  in  any  of  the  provisions  contained 
in  the  second  Article  of  this  Title,  shall  be  considered  guilty 
of  a  misdemeanor,  and  shall  be  fined  for  each  offence  in  a 
sum  not  exceeding  two  hundred  dollars. 


§  83.  Whenever  the  commissioners  of  health,  or  either  of 
them,  shall  charge  in  writing  any  pilot  with  any  violation  or 
neglect  of  duty,  the  warden  of  the  port  shall  suspend  such 
pilot  from  his  office,  until  he  shall  have  entered  into  a  recog- 
nizance before  some  magistrate  in  the  city  of  New- York,  in 
the  sum  of  two  hundred  dollars,  and  with  sufficient  sureties, 
to  appear  and  answer  to  the  ofience  charged,  at  the  next 
court  of  general  sessions  for  the  city  and  county  of  New- 
York. 


Proceedinjjs 
against   pilots. 


§  84.  Every  person  who  shall  violate  the  provisions  of  the 
fifth  Article  of  this  Title,  by  refusing  or  neglecting  to  obey 
or  comply  with  any  order,  prohibition  or  regulation  made  by 
the  board  of  health  in  the  exercise  of  the  powers  therein  con- 
ferred, shall  be  considered  guilty  of  a  misdemeanor,  punish- 
able by  fine  or  imprisonment,  in  the  discretion  of  the  court 
by  which  the  offender  shall  be  tried. 


Violations  of 
Article  S. 


©84  PUBLIC  HEALTH— POWERS,  <tc.  of  board. 


TITI.E  III. 

INTERNAL    REGULATIONS    FOR  THE  PRESERVATION  OF  THE  PUB- 
LIC HEALTH  IN  THE  CITY  OF  NEW-YORK. 

Art.  1.— Of  certain  duties  and  powers  of  the  board  of  health,  the  mayor  and  commistion- 

ers  of  health. 
Art.  2.— Of  the  duties  of  physicians  and  other  persons. 
Art.  3.— Prohibitions  and  penalties. 

ARTICLE  FIRST. 

OF  CERTAIN  DUTIES  AND  POWERS  OF  THE  BOARD  OF  HEALTH, 

THE  MAYOR  AND  COMMISSIONERS  OF  HEALTH. 

/ 

Skct.  1.  General  powers  of  the  board  of  health. 

2.  Its  duty  in  the  prevention  of  diseases. 

3.  Any  tiling  injurious  to  publicxiealth  may  be  removed  or  destroyed. 

4.  May  send  non-residents  to  marine  hospital. 

5.  Commissioners  must  communicate  to  board  of  health  all  reports  and  imormation. 

Powers  of  the        §  1.  The  board  of  health  shall  have  power, 

board  of  health.  ,      m  ■        r  -  i        i  i  i 

1.  lo  appoint  irom  time  to  time  so  many  health  wardens 
and  Other  officers  (o  carry  into  effect  the  provisions  of  this 
Title,  and  the  rules  and  regulations  of  the  board,  as  they  may 
deem  necessarj- : 

2.  To  authorize  such  officers,  at  such  times  as  the  board 
shall  think  fit,  to  enter  into  and  examine  in  the  day  time,  all 
buildings,  lots  and  places  of  every  description,  within  the 
city,  and  to  ascertain  and  report  to  the  board  the  condition 
thereof,  so  far  as  the  public  health  may  be  affected  thereby  : 

3.  To  give  all  such  directions  and  adopt  all  such  measures, 
as  in  their  judgment  may  be  necessary,  for  cleansing  and  pu- 
rifying all  such  buildings,  lots  and  other  places  ;  and  to  do  or 
cause  to  be  done  every  thing  in  relation  thereto,  which  in 
their  opinion  may  be  proper  to  preserve  the  health  of  the 
city : 

4.  To  cause  any  avenue,  street,  alley,  or.  other  passage 
whatever,  to  be  fenced  up,  or  otherwise  enclosed,  if  they 
shall  think  the  public  safety  to  require  it,  and  to  adopt  suita- 
ble measures  for  preventing  all  persons  from  going  to  any 
part  of  the  city  so  enclosed. 

itt  dudes,  §  2.  It  shall  be  the  duty  of  the  board  of  health, 

1.  To  adopt  prompt  measures  to  prevent  the  spreading  of 
a  contagious  disease,  when  it  shall  appear  to  them  by  a  re- 


PUBLIC  HEALTH— POWERS,  <fec.  of  board.  68i 

port  of  the  resident  physician,  or  health  commissioner,  or  of  a 
consulting  physician,  that  any  person  within  the  city  is 
afflicted  with  a  disease  of  that  character : 

2.  To  forbid  and  prevent  all  communications  w^ith  the 
house  or  family  so  infected,  except  by  means  of  physicians, 
nurses  or  messengers,  to  carry  the  necessary  advice,  medi- 
cines and  provisions  to  the  afflicted. 

3.  To  adopt  such  measures  for  preventing  all  communi- 
cation, between  any  part  of  the  city  infected  with  a  fever  of 
a  malignant  or  contagious  character,  and  all  other  parts  of 
the  city,  as  shall  be  prompt  and  effectual :  and, 

4.  To  exercise  all  such  other  powers,  whenever  a  conta- 
gious disease  shall  appear  in  the 'city,  as  in  tlieir  judgment 
the  circumstances  of  the  case  and  the  public  good  shall  re- 
quire. 


Putrid  articlpn, 

&;c.   to   be   de- 

d. 


§  3.  The  board  of  health,  or  the  mayor  and  commissioners 
of  health,  when  they  shall  judge  it  necessary,  may  cause  ^^'^^^''■' 
any  cargo  or  part  of  a  cargo,  or  any  matter  or  thing,  within 
the  city,  that  may  be  putrid  or  otherwise  dangerous  to  the 
public  health,  to  be  destroyed  or  removed  ;  such  removal, 
when  ordered,  shall  be  to  the  quarantine  ground,  or  such 
other  place  as  the  board  of  health  shall  direct. 

§  4.  The  board  of  health,  the  mayor  or  either  of  the  com-    i'<;rson5  !«ent  t» 

■*    ^  '  ./  ,  the   marine  no»- 

missioners  of  health,  may  send  to  the  marine  hospital^  or  i'"ai. 
such  other  place  as  the  board  of  health  shall  direct,  all  per- 
sons in  the  city,  not  residents  thereof,  who  shall  be  sick  of 
anv  malicrnant  or  contaf^ous  fever. 

§  5.  It  shall  be  the  duty  of  the  commissioners  of  health,  ofEJJ''  ^''"*' 
from  time  to  time,  to  communicate  to  the  president  of  the 
board  of  health  all  reports  that  shall  be  made  to  them,  or 
either  of  them,  under  the  provisions  of  this  chapter  ;  and  it 
shall  be  the  further  duty  of  the  commissioners,  and  of  each 
of  them,  so  to  communicate  all  information  in  their  power, 
that  may  better  enable  the  board  of  health  to  preserve  the 
health  of  the  city. 


686  PUBLIC  HEALTH—DUTIES  of  physicians,  &c. 

ARTICLE  SECOND. 

OF  THE  DUTIES  OF  PHYSICiAnS  AND  OTHER  PERSONS. 

Sect.  6.  Certain  duties  of  practising  physicians  ;  to  report  patients. 

7.  Do.  of  keepers  of  boarding-houses. 

8.  Do.  of  masters,  &c.  of  vessels. 

9.  Do.  of  commissioners  of  health  and  consulting  physician. 

Physicians.  §  6.  It  sliall  be  the  duty  of  each  practising  physician  in  the 

^  city  of  New- York, 

1.  To  make  a  report  in  writing  to  the  mayor,  the  board 
of  health,  or  either  of  the  commissioners  of  health,  of  every 
patient  he  shall  have  labouring  under  yellow,  bilious-malig- 
nant or  other  pestilential  or  infectious  fever,  between  the 
thirty-first  day  of  May  and  the  first  day  of  November  in  any 
year,  and  within  twenty-four  hours  after  he  shall  ascertain  or 
suspect  the  nature  of  the  disease  : 

2.  To  report,  if  so  directed  by  the  board  of  health,  every 
patient  he  shall  have  between  the  same  days,  labouring  un- 
der fever  of  anj^  description,  and  to  state  in  his  report,  the 
specific  name  and  type  of  such  fever : 

3.  To  report,  when  required  by  the  board  of  health,  the 
death  of  any  of  his  patients  who  shall  have  died  of  fever, 
within  forty-eight  hours  after  such  death  shall  have  occurred, 
and  to  state  in  such  report,  the  specific  name  and  type  of 
such  fever. 

Keepers  of  board-  §  7.  Evcry  pcrsou  keeping  a  boarding  or  lodging-house  in 
iiig  louses.  ^1^^  ^.^^^  ^^  New- York,  between  the  days  mentioned  in  the 
preceding  section,  shall  report  in  writing,  to  the  mayor,  the 
•  board  of  health,  or  either  of  the  health  commissioners,  the 
name  of  every  seafaring  man,  boarder,  or  passenger  by  sea, 
who  shall  be  sick  in  his  house  with  fever,  within  twelve 
hours  after  each  case  of  sickness  shall  have  occurred. 


vessels 


Masters,  &c.  of  ^  8.  Evcry  master,  ow^ner  or  consicjjnee  of  a  vessel  Ivinff 
at  a  wharf,  or  in  the  harbour  of  the*  city  of  New- York, 
shall  make  a  like  report,  and  within  the  same  period,  of  the 
name  of  every  sick  person  on  board  such  vessel ;  and  no  such 
person  shall  be  removed  therefrom,  without  a  written  permit 
for  that  purpose  from  the  mayor,  the  board,  or  one  of  the 
commissioners  of  health. 


PUBLIC  HEALTH— PROHIBITIONS,  &c.  687 

§  9.  It  shall  be  the  duty  of  each  commissioner  of  health  Proceedini,'s  for 
and  of  each  consulting  physician,  to  make  an  immediate  re- 
port to  the  board  of  health,  of  the  name  of  every  practising 
physician  by  whom  he  shall  have  reason  to  believe  the  pro- 
visions of  the  sixth  section  of  this  Title  have  been  violated  ; 
and  if  any  such  commissioner  or  consulting  physician  shall 
neglect  or  refuse  to  perform  this  duty,  the  board  of  health 
shall  suspend  him  from  his  office. 


ARTICLE  THIRD. 


PROHIBITIONS    AND    PENALTIES. 

S«CT.  10.  Resppcting  salted  provisions. 

1 1.  Relative  to  pickled  beef,  &c. 

12.  Not  to  apply  to  small  dealers,  &c.  " 

13.  All  salted  provisions,  <fec.  to  be  reported  to  mayor, 

14.  Board  of  health  may  cause  such  articles  to  be  removed. 

15.  Expense  of  rjimoval  to  be  paid  by  owner.         <• 
IG.  Butchers  and  heads  of  families  excepted. 

17.  Violations  of  these  provisions,  misdemeanor's,  &c; 

18.  Rags,  hides  and  skins,  not  to  be  taken  within  certain  bounds. 

19.  E.xccptions  as  to  small  quantities. 

20.  Master  or  owner  to  report  damaged  cotton. 

21.  Under  penalty  of  five  hundred  dollars. 

22.  Persons  violating  sections  one  and  two,  guilty  of  misdemeanor,  &,c. 

23.  Practisin:^  physician  violating,'  duties  imposed,  guilty  of  misdemeanor,  Sec. 
21-  Uo.  as  to  keepers  of  boarding  houses. 

§  10.  No  salted  provisions  shall  be  packed  or  repacked  at  Saited  provision- 
any  season  of  the  year,  in  that  part  of  the  city  of  New- York, 
lying  south  of  a  line  drawn  from  the  Hudson  river  through  the 
centre  of  Canal- street  to  Sullivan  street,  through  Sullivan 
street  to  Grand  street,  through  Grand  street  to  Walnut  street, 
and  through  Walnut  street  to  the  East  river.  ,. 

§  IL  From  the  first  day  of  May  to  the  first  day  of  Octo-       ibidr    ;     j 
ber  in  any  year,  no  salted  or  pickled  beef,  pork  or  fish,  except 
smoked  beef,  and  fish,  shall  be  deposited  in  the  city,  south  of 
the  line  above  described. 

§  12.  The  last  preceding  section  shall  not  be  construed  to     Eiception* 
prevent  retail  grocers  or  other  small  dealers  from  keeping 
on  hand,  for  the  use  of  their  customers,  small  quantities,  not 
exceeding  five  barrels  of  each  kind  of  provisions  therein  men 
tioned,  if  the  provisions  so  kept  be  sound  and  in  good  order. 


688 


^  To  be  reported. 


PUBLIC  HEALTH— PROHIBITIONS,  &c. 

§  13.  All  salted  or  pickled  provisions,  and  all  hides,  skins 
and  cotton,  that  shall  remain  deposited  in  the  city,  south  of 
the  line  described  in  the  tenth  section  of  this  Title,  on  the 
first  day  of  June  in  any  year,  shall  be  reported  by  the  owner 
or  person  having  charge  thereof,  to  the  mayor,  the  board,  or 
one  of  the  commissioners  of  health,  that  the  same  may  be 
examined,  and  if  necessary,  destroyed  or  removed. 


How  removed,  §  14.  If  such  artlclcs,  wlicu  Ordered  to  be  removed  by  the 
board  of  health,  shall  not  be  forthv^ith  removed  by  the  owner 
or  person  having  charge  thereof,  the  board  of  health  shall 
cause  them  to  be  removed  to  some  safe  place,  there  to  remain 
at  the  risk  of  the  ow^ner. 


Expenses. 


§  15.  The  expense  of  the  removal  and  subsequent  storage 
of  such  articles,  shall  be  borne  by  the  owner  or  person  hav- 
ing charge  thereof  when  removed,  and  if  paid  in  the  first  in- 
stance by  the  board  of  health,  may  be  recovered  by  them  in 
an  action  against  such  owner  or  bailee,  or  if  payment  of  such 
expenses  be  refused  by  the  owner  or  bailee,  the  board  may 
cause  such  articles  to  be  sold,  and  account  for  the  proceeds, 
deducting  such  expenses  and  the  costs  of  the  sale. 


ExcepUon?. 


§  10.  Nothing  contained  in  this  Article  shall  be  construed 
to  extend  to  provisions  exposed  for  sale  by  butchers  in  the 
public  markets,  or  kept  by  the  heads  of  families  for  family 


use. 


Penalties. 


§  17.  Every  person  who  shall  refuse  or  neglect  to  obey 
the  directions  of  this  Article,  or  of  the  board  of  health,  pur- 
suant thereto, *in  relation  to  the  provisions  and  other  articles 
above  mentioned,  shall  be  considered  guilty  of  a  misdemea- 
nor, and  on  conviction,  shall  be  fined  for  each  offence  in  a 
sum  not  exceeding  five  hundred  dollars,  or  be  imprisoned  for 
a  term  not  exceeding  six  months. 


§  18.  No  rags,  hides  or  skins,  arriving  in  the  port  of  New- 
skins,  to  bo  kept  York,  between  the  thirty-first  day  of  May  and  the  first  day 
of  October  in  any  year,  shall  be  taken  to  any  place  in  the 
city,  south  of  a  line  beginning  at  Spring  street  on  the  North 
river  ;  thence  along  that  street  to  the  Bowery  ;  thence  down 


Rags,  hides  aud 
ikins,  to  be  kepi 
within  certain 
bounds. 


PUBLIC  HEALTH— PROHIBITIONS,  &G>  689 

ihe  Bowery  to  Grand  street ;  and  thence  through  Grand 
street  to  Wahiut  street.;  and  thence  through  Walnut  street 
to  the  East  river  ;  and  all  such  articles  brought  into  the  city 
contrary  to  the  above  provision,  may  be  seized  and  sold  by 
the  commissioners  of  health,  for  the  use  of  the  marine  hos- 
pital. 

§  19.  The  board  of  health  or  the  mayor  and  commission-     Exceptiona. 
ers  of  health,  may  however  permit  sound  hides  and  skins  to 
be  brought*  into  the  city,  south  of  the  line  last  described,  in 
small  quantities,  and  for  the  purpose  of  immediate  manufac- 
ture, but  not  otherwise. 

§  20.  It  shall  be  the  duty  of  tlie  master  and  owner  of  every  ^tX-Kpomd? 
vessel  that  shall  have  brought  cotton  into  the  city,  between 
the  first  day  of  May  and  the  first  day  of  November,  in  any 
year,  and  the  owner  and  consignee  of  such  cotton,  if  upon 
examination,  it  shall  appear  damaged  or  otherwise  unsound, 
to  make  an  immediate  report  thereof  to  the  mayor  and  com- 
missioners of  health. 

§  2L  Every  master  or  owner  or  consignee,  refusing  or  Penaity^for neg- 
neglecting  to  perform  the  duties  so  enjoined,  shall,  for  each 
offence,  forfeit  to  the  commissioners  of  healthj  the  sum  of  five 
hundred  dollars. 

§  22.  Every  person  who  shall  violate  an v  order  or  direc-  Disobeying  order 

^     ,       ,  1      /-  I        1  1  1  •  *^       I  •  p  of  board  of  health 

tion  of  the  board  oi  health,  made  or  given  in  the  exercise  of 
the  powers  vested  in  them  by  the  first  and  second  sections 
of  this  Title,  shall  be  considered  guilty  of  a  misdemeanor, 
punishable  by  a  fine  and  imprisonment. 

§  23.  Every  practising  physician,' who  shall  refuse  or  neg-  Penalty  on  phj- 
lect  to  perform  the  duties  enjoined  on  him  in  the  sixth  sec- 
tion of  this  Title,  shall  be  considered  guilty  of  a  misdemea- 
nor, and  shall  forfeit  for  each  offence,  the  sum  of  two  hundred 
and  fifty  dollars,  to  be  sued  for  and  recovered  by  the  board 
of  health.  •  / 

§  24.  Every  keeper  of  a  boarding  or  lodging-house,  and  ^^^^^l^S^  **'^P' 
every  master,  owner  or  consignee  of  a  vessel,  who  shall  ^ousw. 
refuse  or  neglect  to  obey  the  directions  of  the  seventh  and 

87 


690 


PUBLIC  HEALTH— 3IARINE  hospital. 

eighth  sections  of  this  Titlh,  shall  be  considered  guilty  of 
a  misdemeanor,  and  on  conviction  shall  be  fined,  for  each 
offence,  in  a  sum  not  exceedingHwo  hundred  and  fifty  dollars, 
or  be  imprisoned  for  a  term  not  exceeding  six  months. 


TITLE  VI. 

OF    TItE    MARINE    HOSPITAL    AND    ITS    FUNDS. 

Skct.  1.  The  marine  hospital  held  by  commissioners  of  health. 

2.  Commissioners  have  the  superintendence  ;  health  oSIcer,  physician. 

3.  Commissioners  to  furnish  boat  for  health  officer, 

4.  Care  of  sick  persons ;  not  to  be  removed  without  permit. 

5.  Persons  eloping  may  be  apprehended. 

6.  Expenses  to  be  paid,  by  whom,  and  who  not  liable  therefor. 

7.  Sums  payable  as  hospital  money,  from  whom. 

*  8.  Hoypital  money  how  applied  ;  commission  for  health  commissioner. 
9.  From  whom  master  may  recover  monies. 
JO.  flow  monies  payable  by  masters  of  coasting  vessels;  when;  where;  penalty. 

11.  Commissioners  must  account  to  comptroller ;  use  of  surplus. 

12.  Sums  necessary  to  keep  buildings  in  repair,  part  of«annual  expenses ;  appropria- 

tion of  present  balance. 


Hospital  by 
whom  held. 


§  L  The  hospital  erected  on  the  easterly  shore  of  Staten- 
Island,  and  the  land  adjoining  thereto,  belonging  to  the  state, 
shall  continue  to  be  denominated  "  The  Marine  Hospital," 
and  shall,  together  with  all  building  and  improvements,  made 
thereon,  he  held  by  the  commissioners  of  health,  in  trust  for 
the  people*  of  this  state,  for  the  purposes  specified  in  this 
Chapter. 


Control  thereof.  §2.  The  health  officer  shall,  by  right  of  office,  be  physi- 
cian of  such  hospital,  and  the  commissioners  of  health,  in  all 
other  respects,  have  the  superintendence  thereof;  make  rules 
and  orders  for  its  government  and  management,  employ 
mates,  nurses  and  attendants  therefor,  and  provide  bedding, 
clothing,  fuel,  provisions,  medifcine,  and  such  other  articles 
as  shall  be  requisite  therein. 

Boat.  §  3.  The  commissioners  of  health  shall,  at  all  times,  fur- 

nish a  convenient  boat  with  sufficient  boatmen,  for  the  use  of 
the  health  officer,  the  expense  of  which  shall  be  charged  to 
the  funds  of  the  hospital. 


Sick  persons  how 
•  kept. 


§4.  Every  sick  person  sent  to  the  marine  hospital, -shall 
be  there  kept  and  attended  to,  with  all  necessary  and  proper 


PUBLIC  HEALTH— HOSPITAL  money.  '  6»1 

care  :  and  no  such  person  shall  leave  the  hospital,  until  the 
health  officer  shall  grant  a  discharge  in  writing. 

^  5.  The  health  officer  may  direct,  in  writing,  any  consta-  ^^^^^g^^i^Se 
ble  or  other  citizen  ^o  pursue  and  apprehend  any  person,  hot  sloping, 
discharged,  who  shall  elope  from  the  hospital,  and  to  deliver 
such  person  at  the  hospital,  to  be  there  detained  until  regular- 
ly discharged.  It  shall  be  the  duty  of  the  constable,  or  citi- 
zen so  directed,  to  obey  such  directions  ;  and  every  person 
who  shall  so  elope  shall  be  considered  guilty  of  a  misde- 
meanor, punishable  by  fine  of  imprisonment. 

§  6.  All  persons  sent  to  the  marine  hospital,  or  any  other  ^^,,fy,f/t"^bepa^id 
hospital  provided  by  the  board  of  health,  other  than  those 
who  shall  have  paid  hospital  money,  and  such  poor  persons 
as  the  board  of  health  shall  exempt,  shall  pay  a  reasonable 
sum  for  their  board,  medicine  and  attendance ;  and  for  the 
recovery  of  such  sum,  the  commissioners  of  health  may  sue 
in  their  name  of  office. 

§  7.  The  health  commissioner  shall  demand,  and  be  cnti-  Hospital  money 

•'  who  to  p.-iy. 

tied  to  receive,  and  in  case  of  neglect  or  refusal  to  pay,  shall 
sue  for  and  recover,  in  his  name  of  office,  the  following  sums, 
from  the  master  of  every  vessel  that  shall  arrive  in  the  port 
of  New- York,  namely  : 

1.  From  the  master  of  every  vessel  from  a  foreign  port, 
for  himself  and  each  cabin  passenger,  one  dollar  and  fifty 
cents  ;  for  each  steerage  passenger,  mate,  sailor,  or  mariner, 
one  dollar. 

2.  From  the  master  of  each  coasting  vessel,  for  each  per- 
son on  board,  twenty-five  cents  ;  but  no  coasting  vessel  from 
the  states  of  New- Jersey,  Connecticut  and  Rhode-Island, 
shall  pay  for  more  than  one  voyage  in  each  month,  comput- 
ing from  the  first  voyage  in  each  year. 

§  8.  The  monies  so  received,  shall  be  denominated  *•  hos-    how  applied 
pital  monies,"  and  shall  be  appropriated  to  the  use  of  the  ma- 
rine hospital,  deducting  a  commission  to  the  health  commis- 
sioner of  two  and  one  half  por  cent,  for  collection. 


§  9.  Each  master  paying  hospital  monies,  shall  be  entitled 
to  demand  and  recover,  from  each  person  for  whom  they 
^h'xU  be  Daid,  the  sum  Daid  on  his  account. 


How  recovered 
bv  masters. 


692 


PUBLIC  HEALTH— HOSPITAL  money. 


Coasting  vessel 
when  to  pay. 


§  10.  Every  master  of  a  coasting  vessel,  shall  pay  to  the 
health  commissioner,  at  his  office,  in  the  city  of  New- York, 
within  tw^enty-four  hours  after  the  arrival  of  his  vessel  in  the 
port,  such  hospital  monies  as  shall  then  be  demandable  from 
him,  under  the  provisions  of  this  Title ;  and  every  master, 
for  each  ofhission  of  such  duty,  shall  forfeit  the  sum  of  one 
hundred  dollars. 


Accounts;  sur- 
plus. 


§  n.  The  commissioners  of  health  shall  account  annually 
to  the  comptroller,  for  all  monies  received  by  them,  or  either 
of  them,  for  the  use  of  the  marine  hospital ;  and  if  such  mo- 
nies shall,  in  any  one  year,  exceed  the  sum  necessary  to  de- 
fray the  expenses  of  their  trust,  including  their  own  salaries, 
and  exclusive  of  such  expenses  as  are  to  be  borne  and  paid 
as  a  part  of  the  contingent  charges  of  the  city  of  New- York, 
they  shall  pay  over  such  surplus  to  the  treasurer  of  the  society 
for  the  reformation  of  juvenile  delinquents  in  the  city  of 
New- York,  for  the  use  of  that  society. 


Charges  on  fund; 
balances    on 
band. 


§  12.  The  sums  necessary  to  keep  the  buildings  and  im- 
provements of  the  marine  hospital  in  good  repair,  shall  be 
charged  as  a  part  of  its  annual  expenses  ;  and  the  balance  of 
hospital  monies,  now  or  hereafter  in  the  hands  of  the  com- 
missioners of  health,  whether  invested  in  stock,  or  otherwise, 
shall  remain  appropriated  to  supply  any  deficiency  that  may 
occur,  of  the  annual  funds,  to  meet  the  annual  expenses  of 
the  hospital,  and  to  defray  the  expenses  of  erecting  such  other 
hospitals,  or  buildings,  as  the  governor  shall,  from  time  to 
time,  direct ;  and  no  sale  of  stock  shall  be  made  by  the  com- 
missioners, except  by  the  order  of  the  governor. 


TITLE  V. 


GENERAL   PROVISIONS  APPLICABLE  TO  THE  CITY  OF  NEW- YORK. 


Certain  piOTi- 
aiona  how  ex- 
tended. 


fiiecT.  1.  Limited  provisions  may  be  extended  by  proclamation. 

2.  Proclamation  may  be  revoked. 

3.  To  whom  fines,  &c.  payable,  and  how  to  be  applied. 

4.  Commissioners  to  give  information  to  district  attorney,  of  offences. 

5.  Suits  not  to  abate  on  death  of  officers. 

a  Provisions  of  Chapter,  how  far  to  extend  ;  not  to  interfere  with  common  law. 

7.  Board  of  health  to  cause  parts  of  this  Chapter  to  be  printed  and  distributed. 

8.  Magistrates  to  aid  board  of  health. 

§  1.  Whenever  it*shall  appear  to  the  board  of  health,  that 
any  provisions  of  this  Chapter,  limited  in  their  operations  to 


PUBLIC  HEALTH— GENERAL  provisions. 


693 


a  certain  period  of  the  year,  ought  to  be  extended,  the  mayor 
of  the  city  shall  issue  his  proclamation,  extending  such  pro- 
visions to  "such  time  as  shall  be  mentioned  in  the  proclama- 
tion ;  and  such  provisions  shall  thereupon  be  extended  ac- 
cordingly, and  with  the  like  effect,  as  if  the  periods  mention- 
ed in  the  proclamation,  had  been  enacted  in  this  Chapter. 

§  2.  If  it  shall  appear  to  the  board  of  health,  whilst  such  ^^^  revokej. 
proclamation  is  still  in  force,  that  the  necessity  of  extending 
the  period  therein  named  has  ceased,  the  mayor,  by  a  new 
proclamation  declaring  that  fact,  shall  revoke  the  proclama- 
tion first  issued,  which,  from  that  time,  shall  cease  to  have 
effect. 


§  3.  All  fines,  forfeitures  and  penalties,  imposed  in 
Chapter,  or  under  the  powers  delegated  therein,  sTiall  be 
paid  to  the  commissioners  of  health,  as  a  part  of  the  funds  of 
the  marine  hospital ;  and  such  as  are  recoverable  by  suit,  in- 
cluding the  penalties  of  bonds  taken  from  persons  under  qua- 
rantine, and  excepting  such  as  are,  or  shall  be  imposed  on 
physicians,  shall  be  sued  for  by  the  commissioners  of  health, 
in  their  name  of  office.  . 


1  .       Penalties  how 
tniS      collected ;  to 
whom  to  be  paid. 


§  4.  It  shall  be  the  duty  of  the  commissioners  of  health 
audof  each  of  them,  to  give  information  to  the  district  attor- 
ney of  the  city  and  county  of  New- York,  of  all  offences 
against  the  provisions  of  this  Chapter,  that  shall  come  to 
their  knowledge,  that  he  may  prosecute  the  offenders  with- 
out delay,  in  the  court  of  sessions  of  the  city.  * 


Information. 


§  5.  No  suit  that  shall  be  brought  by  the  board  or  the  com-    '"''^'baT  *** 
missioners  of  health,  or  the  health  officer,  in  their  respective 
names  of  office,  in  pursuance  of  the  authority  given  in  this 
Chapter,  shall  abate  on  account  of  the  death  of  the  officer,  or 
officers,  by  whom  the  same  shall  be  commenced. 

§  6.  The  provisions  of  the  previous  Titles  of  this  Chapter,  Extern  of^  thii 
shall  extend  to  all  diseases,  which,  in  theopinion  of  the  board 
of  health,  shall  be  deemed  dangerous  to  the  public  health ; 
and  nothing  in  this  Chapter  contained,  shall  be  construed  to 
interfere  with  the  remedies  against  nuisances,  provided  by 
the  common  law. 


694  PUBLIC  HEALTH. 

cha?te?^o'be  §  ^'  The  boai'd  of  health  shall,  from  time  to  time,  cause- 
rSed!'"'^  *^'''  s"^^  P^^ts  as  they  shall  deem  necessary,  of  this  CJiapter,  to 
be  printed,  and  shall  deliver  the^  same  to  the  rerpective  pilots 
of  the  port,  for  a  distribution  to  the  masters  of  vessels  sub- 
ject to  quarantine ;  the  expenses  of  such  printing  shall  be  de- 
frayed out  of  the  monies  appropriated  for  the  use  of  the 
marine  hospital. 

^"  "to  a?d.' *^*^'  §  ^*  ^^  ^^^^^1  ^^  ^^^^  special  duty  of  all  the  magistrates  and 
civil  officers,  and  of  all  citizens  of  the  state,  to  aid  to  the 
utmost  of  their  power  the  board  of  health,  and  all  the  health 
officers  mentioned  it  this  Chapter,  in  the  performance  of  their 
respective  duties. 

Revised  Statutes,  Vol.  I,  p.  115. 

ofNlw-Y'oTk^  §  IT**  No  person  but  a  licensed  physician  shall  be  appoint- 
ed to  the.  office  of  resident  physician,  health  commissionei*, 
or  health  officer  of  the  city  of  New^-York.  Either  of  them 
maybe  removed  by  the  governor  during  the  recess  of  the 
senate. 

ibid.  §  18.  The  board  of  health  may  supply  any  vacancy  that 

may  occur  in  the  office  of  either  of  the  commissioners  of 
health  of  the  city  of  New- York,  whether  arising  from  the 
temporary  inability  of  the  officer  to  discharge  his  duties,  or 
otherwise  ;  but  the  person  so  appointed  shall  hold  his  office 
only  until  such  inability  be  removed,  or  the  sense  of  the  go- 
Ycrnor,  or  of  the  governor  and  senate  be  declared. 


PUBLIC  HEALTH— ACT  to  amend,  &c.  »« 

AN  ACT  to  amend  the  first  and  fourth  Articles  of  the  Second 
Title  of  the  fourteenth  Chapter  of  the  First  Part  of  tlie 
Revised  Statutes^  relating  to  the  Public  Health. 

Passed  April  26,  1831,  p.  409. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  All  vessels  from  any  place  in  America,  south  of  Cape 
Henlopen,  and  north  of  the  equator,  or  from  either  of  the 
West-India,  Bahama,  or  Bermuda  Islands,  leaving  such  places 
at  any  time  before  the  first  day  of  July,  in  any  year,  and  pro- 
ceeding from  thence  to  a  healthy  port  in  Europe,  and  having 
no  case  of  yellow,  pestilential,  nor  infectious  fever  on  board 
during  the  voyage,  shall  be  allowed  immediately  on  her  return 
to  New- York,  to  come  to  such  wharf  of  said  city  as  the  board 
of  health  may  designate,  after  such  vessel  has  been  subjected 
to  such  quarantine  and  cleansing  process  as  the  board  of 
liealth  may  be  of  opinion  the  health  of  the  city  requires. 

§  2.  All  vessels  arriving  coastwise  at  the  port  of  New- 
York,  after  the  first  day  of  September,  in  any  years,  from 
any  port  or  ports  of  the  United  States,  or  British  North 
America  north  of  Cape  Henlopen,  and  shall  have  remained 
in  such  port  or  ports  for  thirty  days,  and  which  vessel  shall 
not  have  been  in  any  place  in  America  south  of  Cape  Hen- 
lopen, or  in  the  West  India,  Bahama,  or  Bermuda  Islands, 
•since  the  first  day  of  July  previous,  and  having  had  no  case 
on  boardof  yellow,  pestilential  or  infectious  fever  or  disease, 
since  said  first  day  of  July,  shall  be  allowed  to  come  to  the 
wharf  in  the  city  of  New- York,  if  the  board  of  health  con 
sent  thereto,  after  having  been  examined,  pi'onounced  healthy 
and  permitted  by  said  board. 

§  3.  All  such  vessels  as  are  now  exempt  from  quarantine 
under  the  fourteenth  chapter  of  the  Revised  Statutes,  shall 
not  be  affected  by  the  provisions  of  this  act. 


61^6  REGISTER— ms  duties. 


RECORDS— Removal  of. 

AN  ACT  relative  to  the  Clerks^'Office  in  certain  CourJies,  and 
the  removal  of  Public  Records. 

Passed  April  9,181?. 

1  Revised  Laws,  p.  151,  Chapter  87,  Session  36. 

^e^ioved\SN!      ^  ^'  ^^^  ^^  it  further  enacted.  That  it  shall  be  in  the  power 
York.  Qf  ^\yQ  person  administering  the  government  of  this  state,  or 

in  his  absence  from  the  city  of  New- York,  of  the  common 
council  thereof,  to  authorize  and  direct  the  removal  of  the 
public  records  of  the  said  city  to  some  safe  place,  and  also 
in  case  of  danger  from  the  enemy,  to  authorize  and  direct 
the  temporary  removal  of  the  banks,  insurance  companies, 
and  other  monied  institutions  from  the  said  city,  without  pre- 
judice to  their  charter  in  any  respect  whatever  ;  and  the  di- 
•  rectors  of" said  banks,  insurance  companies,  and  other  monied 
institutions  during  such  temporary  removal,  are  hereby  au- 
thorized to  execute  the  powers  and  carry  on  the  business 
committed  to  them  by  law. 


REGISTER— His  Duties. 

Act  to  Reduce,  ^c— 2  Revised  Laws,  1813,;?.  402. 

Brct.  1..  Register's  office  established  and  rights  and  powers  of  register. 

2.  Clerk  of  New-York  inhibited  fjroni  performing  certain  acts. 

3.  Register's  fees,  and  transcripts  of  records,  &;c. 

4.  Note  of  incumbrances  to  be  left  with  register,  and  his  duty  in  relatiou  theroto^- 

5.  On  discharge  of  incumbrances,  register  to  enter  a  minute  of  it, 

6.  Register  to  make  general  and  particular  index. 

7.  Fees  on  searches. 

8.  Deputy  register  to  be  appointed,  and  his  duties. 

Register's  office  1.  §  CLIX.  And  he  it  further  enacted,  That  all  that  part  of 
the  former  duty  of  the  clerk,  of  the  city  and  county  of  New- 
York,  which  appertains  and  relates  to  the  registering  of 
mortgages,  and  to  the.  recording  of  deeds,  conveyances  and 
Mher  writings  which  by  law  are  directed,  or  hereafter  may 
be  directed  to  be  registered  or  recorded,  shall  continue 
to  be  held,  exercised  and  enjoyed  by  a  person  to  be  ap- 
pointed as  is*  herein  after  mentioned,  and  be  called  the  re* 
gister  in  and  for  the  city  and  county  of  New- York ;  and 


REGISTER— HIS  DUTIES.  607 

Ihat  such  reo^ister  shall  be  appointed  by  the  person  adminis-  Register  to  be  ap- 

"  ^  ^  J  i.  pointed  by  coun- 

terinor  the  government  of  this  state,  by  and  with  the  advice  c*'  of  appoint- 

°  o  ^  '      •'  •  ment. 

and  consent  of  the  council  of  appointment,  and  shall  have 
and  enjoy  all  the  rights  and  powers,  and  perform  all  the  ^'^poweri  *"** 
duties  which  were  formerly  perfoiTned  by  the  clerk  of 
the  city  and  county  of  New- York,  in  relation  to  the  record- 
ing and  registering  of  deeds,  conveyances,  mortgages  and 
other  writings  :  Provided,  however,  That  the  present  register 
shall  continue  in  oflicc  until  another  shall  be  appointed  as 
aforesaid.* 

2.  §  CLX.  And  be  it  farther  enacted,  That  the  clerk  of  the  cierk  of  N.York 

■*  "^  inhibited  from 

city  and  county  of  New- York,  shall  for  ever  hereafter  be  re-  ipertbrming  cer- 

*'  -^  tain  acta. 

lieved,  restrained  and  precluded  from  doing  or  performing 
any  duties  or  services,  or  any  act,  matter  or  thing  whatso- 
ever as  clerk  of  the  city  and  county,  so  far  as  the  same  re- 
lates to  the  registering  of  mortgages  and  recording  of  deeds, 
conveyances  and  other  writings  which  by  law  are  or  hereaf- 
ter may  be  directed  and  required  to  be  recorded  or  regis- 
tered. 

3.  §  CLXI.  And  tje  it  further  enacted.  That  the  said  register  Register's  fec». 
may  demand  and  receive  for  his  emoluments,  the  like  fees 

and  compensations  as  arc  notv  allowed  by  law  in  similar 

cases  to  clerks  of  counties  ;  and  the  transcript  of  all  records  Transcriptsof  re- 

^  cords  certified  by 

certified  by  the  said  refrister  may  be  read  in  evidence  in  any  '•""  declared  le- 

•''='•'  •'gal  evidence, 

court  of  this  state,  without  further  proof  of  such  deed,  con- 
veyance or  other  writing  so  recorded  in  the  said  office. 

4.  §  CLXII.  And  he  it  farther  enacted.  That  in  all  cases  a  note  of  certain 
where  any  assessment,  tax,  rate,  charge,  debt,  duty  or  demand  rcarTstate"to  bS 
whatsoever  in  favor  of,  or  payable  to,  the  mayor,  aldermen  gi^stJn'^ 

and  commonalty  of  the  city  of  New- York,  or  to  any  person 
or  persons,  body  politic  or  corporate,  shall,  by  virtue  of  any 
act  or  acts  of  the  legislature  of  this  state,  be  made  or  in  any 
manner  become  and  be  a  mortgage,  lien,  charge  or  incum- 
brance upon  any  lands,  tenements  or  hereditaments  in  the 

*  The  act  incorporating  the  register's  office  was  passed  March  13, 18J2,  6  W.  p  363;  be- 
fore that  act  all  thn  duties  now  exercised  by  the  register  were  performed  by  the  clerk  of  the 
city  and  county  of  New-York. 

Sec  the  general  art  in  relation  to  the  "  proof  atid  recording  of  conveyances  of  real  estat« 
and  cancelling  of  mortgages,"  1  Rev.  St.  755.  By  the  43d  section  it  is  made  to  extend  to 
the  register  of  the  city  and  county  of  IVew-York. 

88 


698  REGISTER— HIS  duties. 

said  city  of  New- York,  or  any  interest  therein,  it  shall  be 
the  duty  of  the 'said  mayor,  aldermen  and  commonalty,  or 
other  mortgagees  or  incumbrahcers,  to  cause  a  note  or  memo- 
randum thereof  to  be  made  and  delivered  to  the  said  regis- 
°"  *  Bote.  ^"^  ^  ter  for  registering  in  his  said  office,  which  note  or  memoran- 
dum shall  specify  and  contain  therein  the  number  of  the  lot 
or  lots,  and  the  names  of  the  streets  and  wards  wherein  the 
same  shall  be  situated,  or  other  apt  and  sufficient  general 
designation  of  the  lands,  tenements  or  hereditaments,  which 
shall  be  subject  of  such  mortgage,  lien,  charge  or  incum- 
brance, and  the  date  of  the  said  mortgage,  lien,  charge  or  in- 
cumbrance, or  the  time  when  the  same  accrued  and  became 
chargeable  upon  the  said  lands,  tenements  or  hereditaments, 
and  the  name  or  names  of  the  said  mortgagees  or  incum- 
brancers, and  also  (where  the  same  shall  be  known)  of  the 
owners  and  proprietors  of  the  said  lands,  tenements  or  here- 
ditaments, with  the  grounds  or  cause  of  such  incumbrance  ; 

SSjttthS"  ^"^  ^^  ^^^^^  ^^  ^^®  ^^^^y  ^^  ^^^  ^^^^  register  forthwith  to  enter 
and  register  the  said  note  or  memorandum  in  suitable  and 
proper  books,  to  be  provided  and  kept  by  him  for  that  pur- 
pose, and  the  said  register  shall  immediately  on  the  delivery 
of  every  such  note  or  memorandum  to  him  for  registry,  make 
a  minute  or  indorsement  thereon,  of  the  day,  month  and  year 
and  hour  of  the  day  when  the  same  shall  be  delivered  to  and 
left  with  him,  or  in  his  office,  for  registry,  and  the  registry 
thereof  shall  bear  date  corresponding  with,  and  the  same 
shall  be  considered  as  registered  at  the  said  time  mentioned 
in  such  indorsement  or  minute,  and  no  such  assessment,  rate, 
tax,  charge,  debt,  duty  or  demand,  shall  in  any  case  or  man- 
ner whatsoever  be  or  operate  as  a  mortgage,  lien,  charge  or 
incumbrance  upon  any  lands,  tenements  or  hereditaments,  or 
any  interest  therein,  so  as  to  defeat,  prejudice,  or  affect  the 
title  or  interest  of  any  bona  fide  purchaser  or  mortgagee  of 
the  same,  unless  the  said  note  or  memorandum  of  such  mort- 
gage, lien,  charge  or  incumbrance  shall  have  been  duly  regis- 
tered as  aforesaid,  and  the  said  register  shall  be  entitled  unto, 
and  shall  receive  for  registering  every  such  note  or  memo- 
randum from  the  person  who  shall  deliver  the  same  to  him 

Fees  for  register- for  re^istrv,  the  sum  of  twxnty-five  cents:  Provided,   That 

ing  same.  o         J  '  -'  ■,  r 

it  shall  not  be  necessary  for  any  note  or  memorandum  of  any 
judgment,  order  or  decree  of  any  court  of  law  or  equity  to 
be  registered  in  the  said  office. 


REGIS 


GISTER— HIS  DUTIES.  699 

5.  §  CLXIII.  And  he  it  further  enacted,  That  whenever 
any  such  assessment,  rate,  tax,  charge,  debt,  duty  or  demand 
shall  be  satisfied  or  discharged,  and  a  certificate  signed  by 
the  incumbrancers,  their  successors,  executors,  administra- 
tors or  assigns,  or  any  person  by  them  thereunto  authorized,  bmnce  bei"ngdis- 
and  proved  and  acknowledged  in  the  manner  by  law  required  ?o  enwJ'a  mmute 
for  the  acknowledgment  or  proof  of  deeds,  shall  be  produced  ^^^'^^^°^- 

to  the  said  register,  such  register  shall  enter  into  the  said 
book  of  registry  a  minute  of  such  discharge  and  certificate, 
which  minute  shall  be  deemed  and  taken  to  be  a  full  and  ab- 
solute bar  to  the  first  entry  of  such  note  or  memorandum  of 
such  assessment,  rate,  tax,  charge,  debt,  duty  or  demand  ;  but 
it  shall  not  be  necessary  for  the  said  register,  on  ente'ring 
such  minute,  or  registering  any  such  note  or  memorandum 
aforesaid,  to  record  or  register  the  same,  or  any  certificate  of 
the  proof  or  acknowledgment  thereof,  at  length  or  more 
fully  than  herein  before  is  directed  ;  and  the  said  register 
shall  be  entitled  to  demand  and  receive  from  the  person  pro- 
ducing such  certificate  of  discharge  for  entering  such  minute 
thereof,  the  sum  of  twenty-five  cents. 

6.  §  CLXIV.  And  he  it  further  enacted,  That  the  said  re-  Register  to  make 

111/''  r  index    to  oach 

ffister  shall  make  an  nidex  to  each  book  oi  registry  of  mort-  book  of  .egistry; 

1   •  1  II  1   •      1  11     1       and  a  general  in- 

gages  and  mcumbrances,  and  also  a  general  index  to  all  the  doxtoaiiofthem 
said  books  of  registry  of  mortgages  and  incumbrances,  and 
shall  from  day  to  day,  and  time  to  time,  as  the  said  mortgages 
and  incumbrances  shall  be  registered  or  entered  as  aforesaid, 
make  an  entry  in  the  index  of  the  books  wherein  the  same 
shall  be  registered  or  entered,  and  also  in  the  said  general 
index  of  the  name  and  names  of  each  and  every  mortgagor, 
debtor  and  owner  or  proprietor  of  land,  mortgagee,  incum- 
brancer and  party  named  in  such  mortgage,  or  in  such  note 
or  memorandum  of  assessment,  rate,  tax,  charge,  debt,  duty 
or  demand,  so  to  be  registered  or.entered  as  aforesaid,  arrang- 
ed alphabetically  under  the  initial  letters  of  the  name  of  eacfi 
and  every  mortgagor,  debtor,  owner  or  proprietor  of  land, 
mortgagee,  incumbrancer  and  party  named  therein,  with  pro- 
per references  in  the  said  general  index  to  the  book  of  regis- 
try, wherein  the  said  mortgages  and  incumbrances  shall  be 
entered  or  registered,  to  which  books  of  registry  and  indexes 
all  persons  shall  have  free  access  for  search  at  all  reasona- 
ble times  during  the  day  time,  and  which  the  said  register 
shall  be  bound  to  exhibit  to  those  who  wish  to  search. 


700  REGISTER,  &c.  to  appoint  a  deput\'. 

^larJhes!"  '^'  §  CLXV.  And  he  it  further  enacted,  That  the  fees  of 
the  said  register,  for  searches  for  deeds  and  conveyances,  or 
for  mortgages  and  incumbrances,  shall  be  the  same  as  are 
now,  or  as  may  hereafter  be  allowed  and  provided  for  by 
law  for  the  like  services,  but  that  no  additional  charge  shall 
be  made  for  such  indexes,  as  are  herein  directed  to  be  made 
by  the  said  register. 


CHAP.  LVIII. 

AN  *  ACT  requiring  the  Register  of  the  City  and  County  of 
New-York  to  appoint  a  Deputy,  and  concerning  Vacancies 
in  said  Office,  and  in  the  Offices  of  Sheriffs  and  Clerks  of 
Counties. 

Passed  February  26,  1830,  p.  64. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 
Deputy  register.  8.  §  1.  It  shall  be  the  duty  of  the  register  in  and  for  the 
city  and  county  of  New- York,  to  appoint  some  proper  per- 
son deputy  register  of  the  said  city  and  county,  during  the 
pleasure  of  the  said  register ;  and  as  often  as  such  deputy 
register  shall  die,  or  be  removed  from  office,  or  remove  out 
of  the  said  city  and  county,  or  become  incapable  of  execut- 
ing the  office,  another  shall  be  appointed  in  his  place,  by 
writing,  under  the  hand  and  seal  of  the  register ;  and  every 
such  deputation  or  appointment  shall  be  recorded  in  the 
office  of  the  clerk  of  the  said  city  and  county  of  New- York  ; 
which  said  deputy  register  shall,  in  case  of  the  death  of  the 
said  register,  perform  all  the  duties,  and  receive  the  emolu- 
ments, appertaining  to  the  said  office  of  register,  and  be  sub- 
ject to  the  same  penalties  that  the  register  of  said  city  and 
county  would  be  liable  to  if  living,  until  a  new  register  be 
appointed  and  duly  sworn. 

Power  of  gover-       §  2.  The  powcr  vestcd  in  the'^'governor  of  this  state,  bv 

nor  to  fill  vacan-     ,       „  .      ,  .  r-     •  i        •      i       r'    i       r-  ^  i      i  r^    ," 

cies.  the  forty-ninth  section  ol  title  sixth  of  the  hfth  chapter  of  the 

first  part  of  the  Revised  Statutes,  in  relation  to  vacancies  in 
office,  is  hereby  extended  to  all  cases  of  vacancies  in  the 
offices  therein  specified,  where  the  vacancy  shall  arise  from 
the  death  of  the  incumbent ;  and  the  person  so  to  be  appoint- 


RELIGIOUS  MEETINGS— DISTURBANCE  of.  701 

ed,  shall  possess  all  the  rights  and  powers,  and  bs  subject 
to  all  the  duties  and  responsibilities,  provided  for  and  declar- 
ed in  said  section. 

§  3.  The  preceding  section  shall  not  affect  the  power  now     ^^^cSs*"*^ 
vested  by  law  in  any  sheriff  or  clerk  of  any  county,  to  ap- 
point under  sheriffs  or  deputies,  nor  the  powers  of  said  under 
sheriffs  or  deputies,  as  now  declared  by  law. 


RELIGIOUS  MEETINGS— Disturbance  of. 

Revised  Statutes,  Vol.  ] ,  p.  674. 
ARTICLE  SEVENTH. 

OF    THE    DISTURBANCE    OF    RELIGIOUS    MEETINGS. 

Sect.  G4.  Prohibition  of  certain  acts,  disturbing  meetings  for  religious  worsliip. 
65.  Penalty;  proceedings  to  collect ;  summary  conviction. 
C6.  Duty  of  peace  officers  to  apprcliend  otlenuers  against  tliis  Article, 
fi".  Judicial  otficers  may  order  otl't  iidors  into  custody. 
C8.  Proceedings  on  conviction,  if  penalty  be  not  paid  or  secured. 

§  64.  No  person  shall  wilfully  disturb,  interrupt  or  disquiet    Meetings  for  re- 
any  assennblage  of  people  nriet  for  religious  worship,  by  pro-  not'lo'L^distS 
fane  discourse,  by  rude  and  indecent  behaviour,  or  by  mak-  ^*^' 
ing  a  noise  cither  within  the  place  of  worship,  or  so  near  it 
as  to  disturb  the  order  and  solemnity  of  the  meeting;  nor  Liquor  not  to  be 
shall  any  person  within  two  miles  of  the  place  where  any  re- 
ligious   society  shall  be  actually  assembled  for   religious 
worship,  expose  to  sale  or  gift,  any  ardent  or  distilled  liquors, 
or  keep  open  any  huckster-shop  in  any  other  place,  inn,  store 
or  grocery,  than  such  as  shall  have  been  duly  licensed,  and 
in  which  such  person  shall  have  usually  resided  or  carried  on 
business  ;  nor  shall  any  person  within  the  distance  aforesaid,    shows,  &c.  not 

1  1  1  1  1111  .  to  be  exhibited  ; 

exhibit  any  shows  or  plays,  unless  the  same  shall  have  been 
duly  licensed  by  the  proper  authority  ;  nor  shall  any  person     nor  racing  or 
within  the  distance  aforesaid,  promote,  aid,  or  b.e  engaged 
in  any  racing  of  any  animals,  or  in  any  gaming  of  any  de- 
scription ;  nor  shall  any  person  obstruct  the  free  passage  of  "J:'"^"^" 
any  highway  to  any  place  of  public  worship,  within  the  dis 
tance  aforesaid.  (91) 

(91)  2  R.  L.  p.  194,  sect.  4  ;  and  Laws  of  1824,  p.  374. 


gaming. 


not  to 
be  obstructed. 


702  RELIGIOUS  MEETINGS— disturbance  of. 

Penalty.  ^  65.  Whocver  shall  violate  either  of  the  provisions  of  the 

Proceedings  to  foregoiiig  sectioii,  may  be  convicted  summarily  before  any 
collect.  justice  of  the  peace  of  the  county,  or  any  mayor,  recorder, 
aldermen  or  other  magistrate  of  any  city,  where  the  offence 
shall  be  committed,  and  on  such  conviction,  shall  forfeit  a 
sum  not  exceeding  twenty-five  dollars,  for  the  benefit  of  the 
poor  of  the  county.  (91) 

Offenders  to  be       §  66.  It  shall  be  the  duty  of  all  sheriffs,  and  their  deputies, 
peace  officers   coroncrs,  marshals,  constables,  and  other  peace  officers,  who 

present. 

may  be  present  at  the  meeting  of  an  assembly  for  religious 
worship,  which  shall  be  interrupted  or  disturbed  in  the  man- 
ner herein  prohibited,  to  apprehend  the  ofiender,  and  take 
him  before  some  justice  of  the  peace,  or  other  magistrate 
authorized  to  convict  as  aforesaid,  to  be  proceeded  against 
according  to  law.  (92) 

Maybe  ordered      ^  Q'j^  ^\\  iudffcs,  mavors,  rccordcrs,  aldermen,  and  justices  of 

into    custody  by        '  J       &       '  ./  '  '  '  j 

judicial  officers,  the  pcacc,  witliiu  their  respective  jurisdictions,  upon  their  own 
view  of  any  person  offending  against  the  provisions  of  this 
Article,  may  order  the  offender  into  the  custody  of  any  officer 
in  the  preceding  section  named,  or  of  any  official  member  of 
the  church  or  society  so  assembled  and  disturbed,  for  safe 
keeping  until  he  shall  be  let  to  bail,  or  a  trial  for  such  offence 
be  had.  (92) 

Proceedings  if  §  08.  If  any  pcrsoH  convicted  of  any  of  the  oflences  herein 
Jaid Jrsecurcd"  prohibited,  shall  not  immediately  pay  the  penalty  incurred, 
with  the  costs  of  the  conviction,  or  give  security  to  the  satis- 
faction of  the  officer  before  whom  the  conviction  shall  be  had, 
for  the  payment  of  the  said  penalty  and  costs  within  twenty 
days  thereafter,  he  shall  be  committed  by  w^arrant  to  the  com- 
mon jail  of  the  county,  until  the  same  be  paid,  or  for  such 
term,  not  exceeding  thirty  daj^s,  as  shall  be  specified  in  the 
warrant.  (92) 

(91)  2  R.  L.  p.  194,  sect.  4  ;  and  Laws  of  1824,  p.  374.  (92)  1  R.  L.  p.  194.  sect.  4 ;  and 

Laws  of  1824,  p.  374. 


ROADS— PUBLIC.  703 

ROADS—Public. 

[Thirttj'Sixth  Session— Vol.  2,  p.  423.] 

CHAP.  LXXXVI. 

AN  ACT  to  reduce,  Sf^c— Passed  April  9,  1813. 

REGULATION  AND  REPAIR  OF  PUBLIC  ROADS.* 

Sect.  1.  Common  council  appointed  commissioners  of  high\va3's. 

2.  Authorized  to  build  bridges  and  causeways,  and  make  ditches. 

3.  Penalty  for  injuring  and  obstructing  roads,  how  recovered. 

4.  Overseers  to  remove  nuisances  and  obstructions. 

5.  Penally  for  destroying  trees  in  and  near  roads. 

1.  §  CXCIII.  And  he  it  further  enacted,  That  the  mayor,  ^^J^XY^cSm' 
aldermen  and  commonalty  of  the  city  of  New- York,  in  com-  i^^^^^^t!^  ""^ 
mon  council  convened,  and  their  successors,  shall  continue 
to  be  commissioners  to  regulate  and  keep  in  repair  the  pre- 
sent roads  or  highways,  and  to  regulate  and  keep  in  repair 
such  other  public  roads  or  highways,  as  shall  hereafter  be 
laid  out  or  opened  in  the  said  city  and  county. 

*  The  city  of  New-York  being  surrounded  on  all  sides  by  water,  but  little  atten- 
tion has  heretofore  been  paid  to  its  public  roads,  at  least  in  comparison  to  their  impor- 
tance. By  a  reference  to  the  statute  book  but  very  few  provisions  are  to  be  found 
in  relation  to  them.  They  have  been  made,  not  perhaps  with  the  best  materials, 
nor  has  the  work  been  done  in  the  best  manner.  The  principal  street  in  the  city 
is  a  witness  of  tlie  imperfection  of  the  sysfem  of  road  making,  prevailing  here, 
where  ample  materials  can  be  procured,  and  the  character  of  the  ground  is  well 
adapted  to  making  a  solid  and  permanent  road.  Its  continued  dilapidated  statr^ 
and  the  occasion  of  its  frequent  repairs  would  seem  to  uidicatc  the  necessity  of  some 
improvements  in  the  s\  stem. 

As  the  attention  of  the  public  has  within  a  year  or  tvvo  [>a9l  been  directed  to  this 
•ubjcct,  and  as  several  roads  and  avenues  leading  to  the  city,  are  now  being  improved 
and  openedt  and  as  large  sums  of  money  have  be  en  appropriated  to  complete  them, 
the  following  remarks  frcm  the  New  Edinburgh  Encyclopedia,  No.  31,  p.  .'^50,  ia 
deemed  not  inappropriate; 

"The  chausee  or  paved  road,  is  so  universal  on  the  continent,  and  the  proper 
gravel  road  so  common  to  the  southern  districts  of  England,  that  foreigners,  from 
the  gmoothnei-3  of  the  Brit'sh  roads,  give  the  general  appellation  of  gravel  road?,- 
even  to  those  that  are  made  with  small  broken  stones.  The  use  of  small  gravel  from 
the  sea  beach  upon  pablic  roads  can  hardly  be  considered  suitable,  as  they  seldoni 
bind  or  form  a  compact  road  like  broken  metal,  which  has  a  number  of  rough  sides 
and  angular  points  to  connect  it.  Gravel  answers  very  well  upon  side  compartments 
between  the  metal  bed  and  lateral  drain.",  and  also  for  foot  paths;  but  should  not  be 
ased  for  the  central  parts,  unless  it  be  laid  nine  or  ten  inches  in  depth,  and  of  a  site 
which  will  barely  pass  through  a  ring  of  about  one  inch  in  diameter.  If  it  be  of  a 
larger  size  it  should  be  reduced  by  the  hammer,  and  then  it  makes  a  most  excellent 
road.  In  mountainous  districts,  a  peculiar  description  of  road  metal  is  sometimes 
found,  which   is  technically  termed  wwuniain  gravel.     It  occurs  along  with  minute 


704  ROADS— PUBLIC. 

Authofized  to       2.  §  CXCIV.  And  be  it  further  enacted,  That  it  shall  and 

build  bridges  and  ^  -^ 

causeways,  and  ixiay  be  lawful  to  and  for  the  said  commissioners  to  cause  to 

make  ditches.  -^ 

be  made,  built  and  erected  such  and  so  many  causeways  and 
bridges,  and  at  such  places  as  they  shall  think  necessary,  and 
to  cause  ditches  from  such  public  roads  or  highways  to  be 
made  and  cut  through  any  person's  land  where  they  shall 
judge  proper  for  conveying  the  water  from  and  keeping  the 
same  roads  or  highways  dry  and  in  good  order,  and  from 
time  to  time  to  appoint  one  or  more  surveyors  or  overseers 
of  the  said  roads  or  highways,  and  to  employ  labourers  and 
workmen  to  make  and  keep  the  same  in  repair. 

portions  of  earthy  or  clayey  particles,  which  have  the  property  of  binding  the  whole 
together,  and  roakes  en  excellent  smooth  road  for  light  carriages.  In  the  selection 
of  road  melal,  we  should  alwa^'s  give  a  preference  to  the  several  varieties  of  green 
Stone.  The  best  kind  of  these  are  less  friable  than  granite  when  broken  into  small 
pieces.  There  is,  however,  no  rule  without  exceptions,  and  it  is  often  necessafy, 
for  want  of  better  materials,  to  use  sandstone,  common  limestone  and  chalk,  even  in 
districts  where  there  is  a  great  deal  of  traffic  ;  in  som3  instances  where  coal  is  abun- 
dant, sandstone  is  reduced  to  a  vitreous  mass,  in  kiln«,  erected  by  the  road  side;  but 
all  such  road  metal  is  no'.v  usedj-ery  sparingly  in  the  formation  of  modern  roads,  and 
confined  chiefly  to  the  bridle  tracks.  The  distribuion  of  road  melal  may  be  con- 
sidered as  partial  and  irregular.  Throughout  Scotland,  and  even  as  far  south  as  the 
approaching  sources  of  the  rivers  Tees  and  Ribble,  good  road  metal  \a  generally  to 
be  met  with,  containing  the  numerous  varieties  of  granite,  greenstone,  balast,  por- 
phyry and  limestone.  South  of  this  boundary,  as  far  as  the  Trent  and  the  Dee,  in 
Cheshire,  the  formation  is  chiefly  coalj  sandstone,  and  the  softer  varieties  of  limestone. 
In  the  southern  counties  chalk  and  gravpl  soils  chiefly  occur,  affording  flint  and 
gravel,  both  of  which,  under  proper  management,  make  excellent  roads.  In  North- 
and  South  Wales,  we  have  all  the  vareties  of  road  metal  which  are  common  to 
Scotland.  In  Ireland  they  have  excellent  road  material?>  as  granite  and  limestone 
are  pretty  generally  distributed.  Notwithstanding  the  improved  state  of  our  roads, 
and  that  every  pains  is  taken  to  obtain  the  best  road  metal,  yet  it  is  impossible  to 
preserve  a  smooth  surface  with  broken  metal,  excepting  at  a  great  expense.  It  is 
quite  astonishing  in  how  short  a  period  our  best  roads  get  into  disrepair.  Where 
there  is  much  tralfic,  it  requires  constant  unwearied  attention  to  keep  them  in  good 
order;  and  the  waste  of  materials  is  almost  incredible.  Of  this  everyone  may 
satisfy  himself  even  from  the  quantity  of  clayey  stuff  which  is  occasionally  raked  off 
the  roads  in  wet  weather,  or  blown  away  in  a  state  of  dust  in  dry  weather.  Indeed, 
we  hesitate  not  to  express  our  tears  that  broken  metal  will  be  found  unsuitable  for 
the  thoroughfare  of  great  towns.  We  have  observed  where  this  has  been  tried,  in 
some  instances,  in  England  and  South  Wales,  that  the  inhabitants  complain  of  having 
"  all  the  dust  of  summer  and  all  the  dirt  of  winter." 

From  the  difficulty  and  expense  in  keeping  causeways  and  streets  in  a  tolerably 
good  state  of  repair,  together  with  the  jolting  and  jarring  noise  which  attends  them, 
the  public  has  long  been  in  qne«t  of  a  smooth  and  durable  city  road.  Even  cast 
iron  plates,  in  the  fcrm  of  causeway,  have  been  tried.  The  small  metal  system  is 
also  in  the  act  of  being  tried  on  several  of  the  streets  of  London,  but  as  yet  experi- 
ence does  not  enable  us  to  say  with  what  effcl.  In  London,  Dublin,  Edinburgh, 
and  other  large  towns,  the  streets  are  generally  paved  with  granite  or  greenstone- 
^  This  description  of  paving  is  properly  of  two  kinds,  the  one  termed  ruble  causeway 

in  which  the  stones  receive  a  very   partial  chipping  or  hammer-dressing  from  the 
paver.     The  other,  termed  aisler  causeway,  is  more  carefully  dressed.     The  stones 


ROADS— PUBLIC.  705 

S.  §  CXCV.  And  be  it  further  enacted,  That  if  any  person  or  j„^,^;^'^Jo£u«c; 
^oersons  shall  wantonty  spoil  or  damage  any  such  roads, '^'"2  roads, 
bridges  or  causeways,  or  fill  up  or  destroy  any  of  the  ditches 
aforesaid,  or  fence  across  any  of  the  said  rOads  or  highways, 
or  erect  or  set  up  any  gates  thereon,  or  put  or  leave  in  any 

are  also  of  a  larger  size,  varying  from  five  (o  seven  Inches  in  ihickness,  from  eight  to 
twelve  inches  in  length,  and  about  a  fool  in  depth.  The  late  introduction  of  this  de- 
scription of  causeway,  was  considered  at  the  time  to  be  the  perfection  of  this  kind 
df  road.  But  nehvilhstanding  many  precautions  to  the  contrary,  ali  dressed  cause- 
way stones  are  formed  with  ihe  lower  end,  or  that  which  is  set  on  the  ground,  some- 
what smaller  than  the  upper  surface.  The  consequence  is,  that  they  too  often  only 
touch  at  or  near  the  top,  and  when  a  pressure  comes  upon  one  eftd  of  a  stone  sO 
leid,  it  is  apt  lo  sink,  while  the  other  end  is  proporlionajly  raised,  and  in  this  man- 
ner the  causeway  becomes  dislocated,  and  gels  into  numerous  hollows.  This  opera- 
tion is  still  more  rapid  in  the  ruble  causeway,  which  consists  chiefly  ef  small  angu- 
lar pieces  of  a  variety  of  forms  which  more  easily  eive  place  to  the  pressure  of  a 
carriage  wheel  than  the  boulder  or  rounder  stones,  of  which  the  Romans  made  general 
use,  and  which  are  still  applied  to  streets  both  in  England  and  Ireland.  These 
stones,  having  a  broad  seat  or  bed,  are  not  easily  misplaced,  though  they  make  a 
very  rougri,  noisy,  and  unpleasant  path. 

Perhaps  the  finest  specimens  of  the  aisler  causeway  to  be  met  with  in  the  United  King- 
dom, are  those  of  the  Commercial  Road  to  London,  Great  Sackville  street,  in  Dub- 
lin, and  Leith  Walk  of  Edinburgh.  The  traffic  upon  the  whole  of  these  streets  is 
gre"at.  The  latter  forms  almost  the  only  thoroughfare  to  the  port  of  Ecfinbiirgh.  It  is 
regulated  by  a  special  trust,  and  its  toll  is  generally  rented  at  about  5000/.  per  annum. 
The  cau5e\7ay  of  Leith  W^alk  is  nearly  two  m/lts  in  length,  its  breadth  between  the 
curb  stones,  -which  line  off  a  spacious  foot  path  on  both  sides  may  be  taken  at  the 
average  breadth  of  fifty-seven  feet.  Khe  stones  of  which  it  is  paved  are  of  a  cubical 
form,  of  the  largest  dimensions  of  aisler  causeway,  laid  upon  a  bed  of  sharp  sea  sand, 
free  of  earthy  particles,  measuring  twelve  inches  in  depth.  It  is  now  fourteen  or  fifteen 
years  since  Leith  Walk  was  converted  from  a  very  bad  common  road  into  a  spacious 
causeway,  and  although  its  stsrface  now  exhibits  many  inequalities,  yet  it  has  continued 
during  that  comparatively  long  period,  and  may  continue  as  long  without  requiring 
any  consideral)le  repair^  Now,  if  we  compare  this  with  the  continual  repair  to  which 
all  metal  roads,  with  a  traffic  similar  to  that  of  Leith  Walk  are  incident,  we  presume 
that  the  metal  would  require  to  be  renewed  at  least  every  thir«l  year.  It  must,  there* 
fore,  have  cost  upon  the  whole,  a  much  greater  expense  than  causeway,  indepen- 
dently of  the  inconvenience  which  attends  frequent  operations  of  this  kind  upon  such 
a  thoroughfare,  and  its  annoyance  from  dust,  &c. 

If,  therefore,  we  can  suggest  a  system  of  road  making  which  shall  secure  to  us  all 
the  advantages  of  a  smooth  and  uniform  railway,  with  the  ultimate  economy  of  the 
aisler  causeway,  we  conceive  that  much  shall  have  been  gained  towards  the  facility 
of  carriage,  and  the  comfort  of  travelling.  This  we  are  to  eflect  by  laying  stone 
tracks,  if  not  throughout  the  whole  extent  of  certain  principal  roads,  at  least  upon 
all  the  acclivities.  These  undulations  oblige  the  carrier  to  modify  his  load,  perhaps 
to  one  half  of  what  he  could  take  upon  a  h-vel  road.  If,  in  the  same  manner,  the 
streets  of  towns  and  villages  situate  on  the  highway  were  laid  in  this  manner,  the 
traveller  would  pass  smoothly  along  at  his  ease,  instead  of  the  thundering  noise  and 
jolting  motion  so  irksome  to  himself,  and  dangerous  and  annoying  to  the  respective 
inhabitants.  Nothing  is  more  common  than  the  expre.«sion,  *' Now  we  have  got  ofT 
the  stones  we  shall  be  safe  and  comfortable."  The  writer  of  this  article  rf?marks  in 
proof  of  this,  that  in  the  course  of  his  numerous  journeys,  he  has  been  thrice  In  a 
rariiage  broken  down,  and  upon  one  of  these  occasions  he  was  passing  along  a  ciiy 
road. 

89  • 


706  ROADS--PUBUC,     - 

of  them  any  unnecessary  obstruction  without  leave  of  the 
said  commissioners,  or  if  any  person  or  persons  shall  leave 
a  dead  horse  or  the  carcass  of  kny  other  beast,  or  any  bro- 
ken carriage  in  any  of  the  said  roads  or  highways  for  any 
longer  time  than  may  be  necessary  to  remove  the  same,  or 
set  up  in  or  near  the  said  roads  or  highways  any  thing  by 
which  horses  are  usually  affrighted,  or  shall  by  any 
improper  behaviour,  affright  any  horse  or  traveller,  on 
any  of  the  same  roads  or  highways,  every  such  person  shall, 
for  every  such  offence,  forfeit  and  pay  to  the  treasurer  or 
chamberlain  of  the  said  city  for  the  time  being,  the  sum  of 
and  'appS!  hvc  dollars  lawful  money  of  this  stat6,  to  be  recovered  by 
the  same  treasurer  or  chamberlain,  with  costs  of  suit,  by  ac- 
tion of  debt,  before  any  court  having  cognizance  thereof,  and 
when  recovered,  to  be  applied  to  the  repairing  and  improv- 
ing the  said  roads  or  highways  as  the  said  commissioners 
shall  think  fit :  And  to  prevent  as  far  as  possible  the  evasion 
of  the  good  purposes  intended  by  this  act,  that  the  owners 
of  every  dead  horse  or  other  nuisance  aforesaid,  left  in  any 
of  the  said  public  roads  or  highways,  shall  be  deemed  to 
have  put  or  left  the  same  thereon,  unless  he  or  she  prove  the 
contrary. 


Overseers  lo  re- 
move nuisances 
and  obstructions. 


4.  §  CXCVI.  And  be  it  further  enacted^  That  on  informa- 
tion being  given  by  any  person  whomsoever,  to  the  overseer 
or  overseers  of  the  said  roads  or  highways  of  any  of  the 
said  nuisances  or  obstructions,  he  shall  immediately  proceed 
to  the  removing  thereof,  and  shall  also  use  his  best  endeavors 
to  discover  the  person  or  persons  who  committed  the  same, 
who  upon  discovery,  shall  not  only  be  liable  to  the  penalties 
herein  before  appointed,  but  also  to  the  costs  of  removing 
them,  and  a  reasonable  compensation  to  such  overseer  or 
overseers,  for  his  or  their  time  or  trouble  therein,  to  be  re- 
covered by  such  overseer  or  overseers,  with  costs  of  suit,  be- 
fore any  court  having  cognizance  thereof  as  aforesaid  :  And 
farther.  That  every  overseer  who  shall  neglect  or  refuse  to 
do  his  duty  according  to  the  true  intent  and  meaning  of  this 
act,  shall,  for  every  such  neglect  or  refusal,  forfeit  and  pay 
to  the  treasurer  or  chamberlain  of  the  said  city  for  the  time 
being,  the  sum  of  twelve  dollars  and  fifty  cents  lawful  money, 
for  every  offence,  to  be  recovered  with  costs  of  suit,  and 
paid  and  applied  a^  is  directed  in  and  by  the  last  preceding 
section  of  this  act. 


SALARIES  AND  FEES.  707 

5.  5  CXCVII.  And  he  it  further  enacted.  That  in  case  any  gSg^tl^es'^in 
person  or  persons  shall  fell  or  otherwise  destroy  any  tree  or  or  near  roads, 
trees,  standing  on  any  of  the  said  roads,  or  within  the  distance 
of  one  rod  thereof,  without  the  leave  of  the  mayor,  alder- 
men and  commonalty,  or  of  the  owner  of  such  tree  or  trees, 
such  person  or  persons  shall,  for  every  such  offence,  forfeit 
the  sum  of  seven  dollars  and  fifty  cents,  to  be  recovered,  paid 
and  applied  as  last  aforesaid. 


SALARIES  AIVD  FEES. 
Revised  Statutes,  Vol.  1,  p.  83. 

Sect.  1.  Compensation  of  District  Attorney. 

2.  Fees  of  First  Judge. 

3.  Fees  of  Recorder. 

4.  Fees  of  Circuit  Judge. 

5.  Salary  of  Recorder. 

1.  §  95.  The  district  attorney  of  the  city  and  county  of  New-  compengRtion. 
York  shall  receive  for  his  services  an  annual  salary,  not  less 
than  two  thousand  five  hundred  dollars,  and  not  exceeding 
three  thousand  five  hundred  dollars,  to  be  fixed  and  paid  by 
the  common  council  of  that  city;  and  the  district  attornies 
of  all  the  other  counties  in  the  state,  shall  be  paid  for  their 
services  in  conducting  criminal  prosecutions,  by  their  respec- 
tive counties,  upon  their  accounts  duly  taxed  by  some  officer 
authorized  to  tax  bills  of  costs  in  the  supreme  court,  accord- 
ing to  the  rates  allowed  by  law.  (49) 

Revised  Statutes,  Vol.  2,  p.  634. 

IN    COURTS    OF    COMMON    PLEAS    AND    MAYOr's    COURTS. 

2.  §  23.  Fees  to  the  First  Judge.  nrs't7Jd"e"s^fe2 

For  signing  a  license  to  practice  as  an  attorney  or  coun- 
sellor, one  dollar. 

To  the  first  judge  of  the  court  of  common  pleas  of  the  city 
and  county  of  New- York,  seventy-five  cents  for  the  first 
motion  in  any  cause,  to  be  paid  on  issuing  the  W]it.(28) 

M9)  Laws  of  1818,  p.  307,  section  C ;  1821,  p.  91.  (28)  Laws  of  1821,  p.  65,  ^  16. 


708i 


Recorder's  feess. 


•     SHERIFF. 

3.  §  24.   To  the  Recorder  in  the  several  Mayors  Courts. 
For  the  first  motion  in  every  cause,  seventy-five  cents,  to» 
be  paid  on  issuing  the  writ. 


Fees  of  circuit 
judges. 


Lrws  of  1832,  p.  188. 

4.  §  6.  The  circuit  court  judges  shall  be  allowed  the  fol- 
lowing fees  for  their  services  under  this  act : 

1.  For  hearing  every  argument  upon  any  matter  hereby 
committed  to  his  jurisdiction,  three  dollars,  to  be  paid  on  no- 
ticing the  motion,  by  the  party  giving  such  notice  ;  and  to  be 
taxed  and  recovered  with  his  taxable  costs,  if  costs  shall  be 
recovered : 

2.  That  the  trial  fee  now  allowed  the  circuit  judge  for  the 
first  circuit,  be  increased  to  two  dollars  and  fifty  cents  ;  and 
shall  be  paid  to  the  clerk  of  the  court  when  the  cause  is  no- 
ticed for  trial,  and  before  it  is  put  upon  the  calendar  ;  but  no- 
more  than  two  trial  fees  shall  be  allowed  in  any  one  cause : 


Laws  0/1821,  Vol.  5,  jo.  64,  Section  9. 


Salary  to  recor- 
der^ 


5.  §  IV.  And  he  it  further  enacted.  That  the  mayor, -alder- 
men and  commonalty  of  the  city  of  New- York,  shall  pay  out 
of  the  treasury  of  the  said  city,  to  the  recorder  of  the  said 
city,  for  the  time  being,  for  his  services,  the  sum  of  not  less 
than  fifteen  hundred  dollars,  nor  more  than  two  thousand  five 
hundred  dollars,  at  their  discretion,  annually,  to  be.paiA 
quarter  yearly,  in  equal  proportions. 


SHERIFF. 


Remsed  Statutes,  Vol.  l^p.  378. 


Sect.  1.  Sheriff  to  give  bond  and  its  form. 

2.  Amount  of  penalty. 

3.  Filing  bond  and  oath  of  sureties. 

4.  Sheriff  to  renew  security  annually. 

5.  How  chosen  and  tenure  of  office. 


SheriflT  to  give 
Iwnd^. 


1.  §  67.  Every  person  hereafter  elected  to  the  ofl^ce  of 
sheriff  of  any  county  within  this  state,  shall,  within  twenty 
days  after  he  shall  receive  notice  of  his  election,  and  before 
he  shall  enter  upon  the  execution  of  the  duties  of  his  oflice. 


709 


Its  fornu 


SHERIFF. 

execute  with  sureties,  who  shall  be  freeholders,  a  joint  and 
several  bond  to  the  people  of  this  state  ;  the  condition  of 
which  bond  shall  be  in  the  form  and  to  the  effect  following, 
to  wit : 

"  Whereas  the  aly)ve  bounden  hath  been 

elected  to  the  office  of  sheriff  of  at  the  general 

election  held  therein,  [or  *  at  a  special  election  held  therein,'] 
on  the         day  of  .     Now,  therefore,  the   condition 

of  the  above  obligation  is  such,  that  if  the  said 
shall  w^ell  and  faithfully  in  all  things  perform  and  execute  the 
office  of  sheriff  of  the  said  county  of  during 

his  continuance  in  the  said  office  by  virtue  of  the  said  elec- 
tion, without  fraud,  deceit  or  oppression,  then  the  above  ob- 
lif]ration  to  be  void,  or  else  to  remain  in  full  force. 


2.  §  68.  The  bond  to  be  executed  by  the  sheriff  of  the  city  ^naity. 
and  county  of  New- York,  shall  be  in  the  penal  sum  of  twen- 
ty thousand  dollars,  with  two  sureties  :  and  the  bond  to  be 
executed  by  the  sheriff  of  every  other  county  in  fhis  state, 
shall  be  in  the  penal  sum  of  ten  thousand  dollars,  with  two 
or  more  sureties. 


3.  §  69.  Every  such  bond  shall  be  filed  in  the  clerk's  office 
of  the  county  for  which  the  sheriff  executing  it  shall  have 
been  elected  ;  and  the  clerk  shall,  at  the  time  of  filing  the 
same  administer  an  oath  to  each  of  the  sureties  named  therein, 
that  he  is  a  freeholder  within  this  state,  and  worth,  if  in  the 
city  and  county  of  New- York,  the  sum  of  twenty  thousand 
dollars,  and  if  in  any  other  county,  such  sum  as  shall  be  pro- 
portionate to  the  number  of  sureties  bound  in  such  bond, 
and  the  amount  of  the  bond  required  in  such  county,  over 
and  above  all  debts  whatsoever  owing  by  him  ;  w^hich  oath 
shall  be  endorsed  on  the  bond,  and  subscribed  by  each  of  the 
sureties  in  the  presence  of  the  clerk,  who  shall,  notwithstand- 
ing, judge  of  and  determine  the  competency  of  such  sure- 
ties. 


Filing  of  bond  ; 
oath  of  surctieii. 


4.  §  70.  It  shall  be  the  duty  of  every  sheriff,  within  twenty  sheriff  to  renew 

'•^  security  annually 

days  after  the  nrst  Monday  of  January  in  each  year,  subse- 
quent to  that  in  which  he  shall  have  entered  on  the  duties  of 
his  office,  to  renew  the  security  required  to  be  given  by  him 
before  entering  on  the  duties  of  his  office  ;  which  renewed 


710  STATE  PRISON  AND  PENITENTIARY. 

security  shall  be  in  the  same  amount,  and  be  given  in  the 
same  manner,  and  be  subject  in  all  respects  to  the  same 
regulations,  as  the  original  security  required  from  such 
sheriff. 


State  Prison  and  Penitentiary  in  the  City  or 
Mew-York. 

CHAP.  CXCVII. 

Sect.  1.  Commissioners  autliorized  to  contract  with  the  corporation  of  New-York,  in  rela- 
tion to  employment  of  female  convicts. 

2.  Male  convicts  to  be  removed. 

3.  Inventory  of  personal  property  at  the  old  state  prison. 

4.  Payment  of  commissioners. 

5.  Imprisonment  of  female  convicts. 

6.  Appropriation  for  transportation,  &c. 

7.  New-York  penitentiary. 

8.  Rules  and  regulations  for  the  government  of  female  convicts. 

AN  ACT  i^especting  the  State  Prison,  and  concerning  the 
Penitentiary  in  the  City  of  New-York. 

P?ssed  April  12, 1828,  p.  242. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 
Female  convicts.  1.§1.  Thc  commissioncrs  appointed  in  and  by  the  Act, 
entitled  "  An  Act  authorizing  thc  erection  of  a  state  prison 
in  the  first  or  second  senate  district  of  this  state,  and  for 
other  purposes,"  arc  hereby  empowered  to  contract,  in  behalf 
of  the  state,  with  thc  corporation  of  the  city  of  New- York, 
for  the  support,  confinement,  government,  and  employment 
of  the  female  state  convicts,  now  at  the  prison  or  hereafter 
to  be  confined  in  the  prison  at  Greenwich,  in  the  said  city. 

Male  convicts  to      2.  ^  2.  After  such  coutract  shall  have  been  concluded,  the 

be  removed.  * 

commissioners  shall,  as  soon  as  practicable,  cause  all  the 
male  convicts  in  said  prison  to  be  removed  to  the  new  prison 
at  Mount  Pleasant,  and  give  possession  of  the  old  prison  to 
said  corporation  ;  at  which  time  the  amount  of  the  purchase 
money  for  the  said  prison  shall  be  payable. 

Inventory.  3.  §  3.  The  Commissioners  shall  cause  all  the  personal  pro- 
perty at  the  old  prison,  belonging  to  the  state,  to  be  inven- 
toried and  appraised  ;  and  such  articles  as  they  may  deem 


STATE  PRISON  AND  PENITENTIARY.  711 

necessary  for  the  use  of  the  Mount  Pleasant  prison,  they 
shall  cause  to  be  sent  thereto.  The  residue  they  shall  sell 
either  at  private  or  public  sale,  and  pay  the  avails  thereof 
into  the  treasury. 

4.  §  4.  The  commissioners  shall  be  allowed  for  their  ser-  Pay?<"commi8- 

•"  sioners. 

vices  and  expenses,  the  same  compensation  as  is  allowed  to 
them  under  the  above  recited  act. 

6.  §  5.  This   section  is  repealed  by  the  Repealing  Act  of 
December  10, 1828,  3  Vol.  (R.  S.)  p.  129. 

6.  §  6.  The  treasurer  shall  pay  to  the  commissioners  such  Appropriation, 
sums  of  money  as  they  may  require  for  the  transportation 

and  support  of  the  convicts  to  be  sent  to  Mount  Pleasant, 
and  for  the  support  of  the  female  convicts  in  New- York,  not 
exceeding  thirty  thousand  dollars,  at  such  times  as  the  same 
may  be  wanted,  in  sums  not  exceeding  five  thousand  dollars, 
and  the  expenditures  thereof  to  be  accounted  for  before  any 
lurther  sums  shall  be  advanced. 

The  seventh  and  eighth  sections  are  inapplicable. 

7.  5  0.  The  mayor,  aldermen  and  commonalty  of  the  city  New-York  Pc- 
of  New- York,  in  common  council  convened,  may,  from  time     '^"*^""^'^' 
to  time,  and  whenever  they  shall  deem  it  expedient  so  to  do, 

by  a  resolution  or  order  in  common  council,  designate  such 
place  or  places  as  they  may  think  proper,  within  the  said 
city,  to  be  the  penitentiary  or  bridewell  of  the  city  of  New- 
York,  and  to  cause  all  the  prisoners  then  in  confinement  in 
the  penitentiary  of  said  city,  to  bp  removed  thereto,  and  from 
and  after  the  passing  of  such  resolution  or  order,  all  laws 
existing  in  relation  to  the  penitentiary  of  the  city  of  New- 
York,  shall  apply  to  the  place  or  places  so  designated  as 
aforesaid. 

8.  §  10.  Such  female  convicts  if  kept  by  said  corporation  Rui^sfortJiei-e- 
undcr  contract  to  be  made  by  virtue  of  this  act  shall  be  con-  vernmJnt'^ of  re- 
fined and  governed  in  accordance  with  the  same  laws,  rules, 

and  regulations  by  which  they  arc  now  kept. 


712  STEAM  FERRY  BOATS. 

STEAM  FJERRY  BOATS. 

{Thirty -Seventh  Session — Vol  3,  h.p.  30.] 

CHAP.  XXIX. 

Sect.  1.  Rates  of  ferriage  at  the  southernmost  ferry  at  New-York  to  Brooklyn. 
2.  Inhabitants  of  the  island  may  compound  for  ferriage. 

3.  Ferry  subject  to  the  act  of  April  9, 1813. 

4.  Certain  powers  granted  to  the  corporation  of  New-York. 

AN  ACT  for  tlie  encouragement  of  Steam  Ferry  Boats  between 
the  southernmost  ferry  of  the  City  of  New-York  and  the  old 
ferry  at  Brooldyn,  on  the  Island  of  Nassau. 

Passed  March  4,  1814.  ' 

L     ftecitai.  Whereas  the   mayor,  aldermen  and  commonalty  of  the 

city  of  New- York,  in  common  council  convened,  have,  by 
their  memorial  to  the  legislature,  represented  that  they  have 
recently  entered  into  a  contract  with  William  Cutting  and 
Robert  Fulton,  esquires,  in  consequence  of  which  they  anti- 
cipate that  one  or  more  steam  ferry  boats  will  be  in  actual 
operation  upon  the  southernmost  ferry  from  the  said  city  to 
the  old  ferry,  at  Brooklyn,  on  Nassau  Island,  by  the  first 
day  of  May  next,  but  that  the  said  William  Cutting  and  Ro- 
bert Fulton  have  entered  into  this  contract  under  the  expec- 
tation and  belief,  that  the  legislature  will  permit  the  rates  of 
ferriage,  on'passengers,  across  the  said  ferry,  to  be  increased : 
and  the  said  memorialists  have,  in  and  by  their  said  memo- 
rial, prayed  that  the  said  permission  should  be  granted,  and 
that  the  common  council  of  the  said  city  should  be  authoriz- 
ed to  pass  such  ordinance  or  ordinances  as  may  be  proper  to 
prevent  ships  and  other  vessels  from  interrupting  the  said 
steam  boats  in  their  passage  across  the  said  ferry :  And 
whereas  the  encouragement  of  steam  ferry  boats  is  highly 
important  to  the  community,  and  merits  the  patronage  of 
the  legislature :  Therefore, 

Hates  of  ferriage.  1.  §  1.  Beit  enacted  by  the  people  of  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  the  rates  or  prices 
for  carrying  persons  and  articles  hereinafter  particularly 
specified  and  enumerated,  from  the  southernmost  ferry  from 
the  said  city  of  New- York  to  the  old  ferry  at  Brooklyn,  on 
the  Island  of  Nassau,  and  from  the  said  old  ferry  at  Brook- 


STEAM  FERRY  BOATS. 


713 


lyn  to  the  said  city  of  New- York  in  a  steam  ferry  boat,  shall 
be  as  follows,  that  is  to  say,  for  each  and  every  person  who 
may  choose  to  pass  in  a  steam  ferry  boat,  across  the  said  fer- 
ry from  the  said  city  to  Brooklyn,  aforesaid,  or  from  Brook- 
lyn to  the  said  city,  the  sum  of  four  cents  ;  for  each  and 
every  wagon,  cart  or  sleigh,  loaded  or  empty,  drawn  by  not 
more  than  two  horses,  mules  or  oxen,  the  driver  included, 
thirty-seven  and  a  half  cents ;  for  each  and  every  wagon, 
cart  or  sleigh,  drawn  by  not  more  than  one  horse,  mule  or 
ox,  when  loaded,  the  driver  included,  twenty-five  cents,  and 
When  empty,  eighteen  cents  ;  for  each  and  every  milk  cart 
or  sleigh,  carrying  not  more  than  four  kettles  of  milk,  full  or 
empty,  the  driver  or  drivers  included,  drawn  by  not  more 
than  one  horse  or  mule,  eighteen  cents :  Provided  always^ 
That  every  wagon  or  cart,  loaded  with  hay  or  straw,  the 
driver  included,  and  drawn  by  not  more  than  two  horses, 
mules  or  oxen,  shall  be  rated  at  fifty  cents,  any  law  to  the 
contrary  notwithstanding. 


Proviso. 


2.  §  II.  And  be  it  further  enacted,  That  it  shall  be  lawful  tlfetSdinay^ 
for  any  of  the  present  or  future  residents  or  inhabitants  of  ferT/age"'^  ^"^ 
the  said  Island  of  Nassau,  to  compound  by  the  year  with  the 

lessee  Br  lessees  of  the  said  ferry,  or  his  or  their  agent,  for 
the  sum  of  ten  dollars  per  annum,  and  in  the  same  propor- 
tion for  eight  months  for  each  person  so  compounding  for 
the  privileges  of  passing  across  the  said  ferry  in  steam  boats, 
common  barges  and  sail  boats  :  and  if  they  or  either  of  them 
shall  refuse  or  neglect  to  compound  with  any  of  the  residents 
or  inhabitants  as  aforesaid,  on  his  or  their  application  in 
writing,  delivered  in  person,  or  left  at  the  place  of  residence 
of  the  said  lessee  or  lessees,  or  his  or  their  agent,  the  party 
aggrieved,  after  the  expiration  of  ten  days,  shall  and  may 
recover  the  sum  of  twenty  dollars,  to  and  for  his  or  her  own 
use,  with  costs  of  suit,  from  the  said  lessee  or  lessees,  of  his 
or  their  agent,  or  from  the  person  or  persons  taking  fer- 
riage at  the  said  ferry,  in  any  court  having  cognizance  of 
the  same. 

3.  §  III.  And  be  it  further  enacted,  That  the  sail  boat  and   Fony  snhjpct 
common  barge  establishment,  shall  be  conducted  andcontinu-  o.jS.  v.  N^!fc 


PenQlty. 


VV. 


r      1  W 

cd  ao:reeably  to  the  directions  and  provisions  of  the  act,  en-  s^p 

00 


I,  35; 


714  STREETS— CLOSING  of. 

titled  "  An  act  to  reduce  several  laws  relating  particularly  (a 
the  city  of  New- York  into  one,  act,"  passed  April  9th,  1813  ; 
and  that  every  article  carried  across  the  said  ferry  in  the 
said  steam  ferry  boats  which  is  not  carried  in  wagons,  carts, 
or  sleighs,  shall,  if  not  otFierwise  exempted,  be  charged  such 
rates  and  prices  as  are  specified  in  and  by  the  said  act,  any 
thing  herein  to  the  contrary  notwithstanding. 

Certain  powers  4.  §  JY.  And  he  it  fuHher  enacted.  That  the  mayor,  alder- 
granted  to  the  "^  *^  ,  1  1  IT 
«orporaiionofx\.  men  and  commonalty,  m  common  council  convened,  shall 

York. 

have  power  and  authority  to  make  and  pass  such  by-laws,  or" 
ordinances,  as  to  them  shall  from  time  to  time,  seem  meet  and 
proper,  to  restrain  and  prohibit  the  mooring  or  anchoring  of 
any  ships,  or  other  vessels,  at  such  place  or  places  as  wil) 
crowd  or  interfere  with  the  steam  ferry  boat  or  boats,  m 
their  passage  across  the  East  River,  from  the  said  city  of 
New- York  to  Brooklyn,  aforesaid,  and  from  Brooklyn  to  the 
said  city,  and  to  impose  such  reasonable  fines  and  penalties 
upon  the  owner,  consignee,  master,  pilot,  or  other  person 
having  charge  of  such  ships  or  other  vessels,  respectively,^ 
for  the  violation  of  the  said  by-laws  or  ordinances,  as  by 
them  shall  be  deemed  proper. 


STREETS"Closin^  of. 

Bbct.  1.  CommisBionerff  to  be  appointed';  oath,  estimate,  and  report  of. 

2.  Power  of  the  Supreme  Court  in  the  premises. 

3.  Transcript  of  estimate  where  to  be  deposited,  and'notice  published. 

4.  Corporation  to  pay  the  amount  assessed,  aud  proceedings  in  case  of  neglect> 

5.  Provision  where  owners  are  minors. 

6.  Vacancies  in  commissions  how  filled,  and  power  of  surviving  eommiissionerr 

7.  Two  of  the  commissioners  may  act. 

8.  Compensation  to  commissioners. 

9.  Proceedings  to  lay  out,  open,  or  close  any  street,  &c, 
10.  Duty  and  proceedings  ot  commissioners  in  such  cases. 
li.  Damages  when  and  how  deducted  from  the  benefit. 

12.  Covenants  between  landlords  and  tenants  when  discharged'. 

CHAP.  CCXIII. 

N  ACT  authorizing  the  Mai/or,  Aldermen  and  Commonalty 
of  the  City  of  New-York,  to  dose  Streets  and  Roads. 

Passed  April  20, 1818,  p.  201. 

Whereas  the  mayor,  and  aldermen  of  the  city  of  New- 
York,  have  by  their  memorial  represented  to  the  legislature^ 


STREETS— CLOSING  of.  Ili 

that  there  are  within  the  said  city  roads,  streets,  lanes  and 
alleys,  and  parts  of  streets,  roads,  lanes  and  alleys,  which 
might  be  closed  without  detriment  to  the  public,  and  that 
they  are  willing  to  pay  to  individuals  all  the  damages  which 
they  may  sustain  in  consequence  of  closing  the  same  :  there- 
fore, 

I.  Be  it  enacted  by  the  People  of  the  state  of  New-  York,  repre-   Proceedings  re- 
sented  in  Senate  and  Assembh/,  That  it  shall  be  lawful  for  the  'v^^^i  *"*•   ''** 

-^^  closed; 

mayor,  aldermen  and  commonalty  of  the  city  of  New- York, 
from  time  to  time,  whenever  they  shall  judge  proper,  to  cause 
application  to  be  made  to  the  supreme  court  of  judicature  of 
this  state,  for  the  appointment  of  commissioners  for  the  pur- 
pose of  performing  the  duties  hereinafter  prescribed  ;  and 
upon  such  application  it  shall  be  lawful  for  the  said  court  to 
whom  such  application  shall  be  made,  to  nominate  and  ap- 
point three  discreet  and  disinterested  persons,  commissioners 
of  estimate,  for  the  purpose  of  performing  the  duties  lierein- 
after  prescribed;  which  said  commissioners,  before  they  en-  tfj^^^n'oat" 
ter  upon  the  performance  of  the  duties  of  their  appointment, 
shall  severally  take  and  subscribe  an  oath  oraflirmation  before 
some  person  authorized  by  law  to  administer  an  oath,  "faith- 
fully to  perform  the  trust  and  duties  required  of  them  by  this 
act,"  which  oath  or  affirmation  shall  be  filed  in  the  clerk's 
office  of  tlie  city  of  New- York  ;  and  it  shall  be  the  duty  of    Tomakemt 

-^  "  estimate. 

the  said  commissioners,  as  soon  as  conveniently  may  be  after 
their  appointment,  to  make  a  just  and  true  estimate  of  the 
loss  and  damage  to  the  respective  owners,  lessees,  parties, 
and  persons  respectively  entitled  unto,  or  interested  in,  any 
lands,  tenements,  hereditaments  or  premises,  by  or  in  conse- 
quence of  closing  any  road,  street,  lane  or  alley,  or  any  part 
of  any  road,  street,  lane  or  alley,  and  converting  the  same 
to  the  use  of  the  said  mayor,  aldermen  and  commonalty,  and 
to  report  thereon  to  the  said  supreme  court  of  judicature  And  report  the 
without  unnecessary  delay,  and  in  the  said  report  the  com-  premecourt.with 
missioners  who  shall  make  the  same  shall  set  forth  the  names  terms  or  such  re- 
of  the  respective  owners,  lessees,  parties  and  persons  afore- 
said entitled  unto,  or  interested  in  the  lands,  tenements,  here- 
ditaments and  premises  aforesaid,  and  each  and  every  part 
and  parcel  thereof,  as  far  forth  as  the  same  shall  be  ascer- 
tained by  them,  and  an  apt  and  sufficient  designation  or 
description  of  the  same;  but  in  each  and  every  case 
and    cases,  when    the  owners   and   parties   interested,   or 


716  STREETS— CLOSING  or. 

their  respective  estates  and  interests,  are  unknown  or  not 
fully  known  to  the  said  commissioners,  it  shall  be  sufficient 
for  them  to  estimate  and  set  fotth  and  state  in  their  said  re- 
port in  general  terms,  the  respective  sums  to  be  allow^ed  and 
paid  to  the  ow^iers  and  proprietors  generally,  of  such  lands, 
tenements,  hereditaments  and  premises,  for  the  loss  and  da- 
mage to  such  owners,  proprietors  and  parties  interested,  in 
respect  to  the  whole  estate  and  interest  of  w^homsoever  may 
be  entitled  unto,  or  interested,  in  the  same,  by  and  in  conse- 
quence of  closing  any  such  road,  street,  lane  or  alley,  or  any 
'  part  of  any  road,  street,  lane  or  alley,  without  specifying  the 

names  or  the  estates  or  interests  of  such  owners,  proprietors 
and  parties  interested,  or  any  of  them,  in  the  premises  afore- 
p^emf  coin  7n  Said ;  and  upon  the  coming  in  of  said  report,  signed  by  the  said 
the  premises.  commissioners,  or  any  two  of  them,  the  said  court  shall,  by 
rule  or  order,  after  hearing  any  matter  which  may  be  alleg- 
ed against  the  same,  either  confirm  the  said  report  or  refer 
the  same  to  the  same  commissioners  for  revisal  and  correc- 
tion, or  to  new  commissioners  to  be  appointed  by  the  said 
court,  to  reconsider  the  subject  matter  thereof;  and  the  said 
commissioners  to  whom  the  said  report  shall  be  so  referred, 
shall  return  the  said  report  corrected  and  revised,  or  a  new 
report  to  be  made  by  them  in  the  premises,  to  the  said  court, 
without  unnecessary  delay  ;  and  the  same  on  being  so  re- 
turned, shall  be  confirmed,  or  again  referred  by  the  said  court, 
in  manner  aforesaid,  as  right  and  justice  shall  require,  and  so 
from  time  to  time,  until  a  report  shall  be  made  or  returned 
in  the  premises,  which  the  said  court  shall  confirm,  and  such 
report  when  so  confirmed,  by  the  said  court,  shall  be  final 
and  conclusive,  as  well  upon  the  said  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  as  upon  the  owners, 
lessees,  and  persons  and  parties  interested  in,  and  entitled 
unto,  the  lands,  tenements,  hereditaments  and  premises,  men- 
tioned in  the  said  report,  and  also  upon  all  other  persons 
whomsoever,  and  on  such  final  confirmation  of  such  report 
When  corpora-  by  the   Said'  court,  the  ipayor,  aldermen  and  commonaltv  of 

tion  deemed  vest-      •'  ^   -1-r  -ir      i        i     n    i  i    i  •        i     ■     "  r 

ed  or  the  road,  the  citv  of  Ncw- 1  ork,  shall  become,  and  be   seized  m   ice 

&c.  "^ 

simple,  absolute,  of  all  such  roads,  streets,  lanes  and  alleys, 
or  parts  of  such  roads,  streets,  lanes  or  alleys,  as  they  may 
pray  to  have  closed  in  the  application  which  they  may  make 
as  aforesaid  :  And  thereapo7i,  the  said  mayor,  aldermen  and 
commonalty,  or  any  person  or  persons  acting  under  their 


STREETS— CLOSING  of.  717 

authority,  may  at  any  time  or  times  thereafter,  take  the  sole 
and  exclusive  possession  of  the  same. 

3.  5  II.  And  be  it  further  enacted,  That  the  said  commis-  tiSiIaJe'wheTe'^ 
sioners  of  estimate,  to  be  appointed  under  and  by  virtue  of  K'^'^p"^"*^'*- 
this  act,  after  completing  their  said  estimate,  and  at  least 
fourteen  days  before  they  make  their  report  to  the  said  court, 

shall  deposit  a  true  copy  or  transcript  of  such  estimate,  ia 
the  clerk's  office  in  the  city  of  New- York,  for  the  inspection 
of  whomsoever  it  may  concern,  and  shall  give  notice  by  ad- 
vertisements, to  be  published  in  at  least  two  of  the  public  And  notice  to  be 

1     .         1  •  1       •  /-  -XX  -\^      1  r     1         published,     and 

newspapers,  prmted  m  the  said  city  oi  Aew-iork,  oi  the  how. 
said  deposit  thereof  in  the  said  office,  and  of  the  day  on 
which  their  report  will  be  presented  to  the  said  court,  and 
any  person  and  persons,  w^hose  rights  may  be  affi^cted  there- 
by, and  who  shall  object  to  the  same,  or  any  part  thereof, 
may  within  ten  days  after  the  first  publication  of  the  said 
notice,  state  his,  her,  or  their  objections  to  the  same  in  writ- 
ing, to  the  said  commissioners,  and  the  said  commissioners, 
or  such  of  them  as  shall  make  such  estimate,  in  case  any  ob- 
jections shall  be  made  to  the  same,  and  stated  in  writing  as 
aforesaid,  shall  reconsider  their  said  estimates,  or  the  part  or 
parts  thereof  so  objected  to,  and  in  case  the  same  shall  appear 
to  them  to  require  correction,  but  not  otherwise,  they  shall 
and  may  correct  the  same  accordingly. 

4.  §  III.  And  be  it  further  enacted,  That  the  said  mayor,  payXsumTal^ 
aldermen  and  commonalty,  shall  within  four  months  after  the  '*^'^'''^^''- 
confirmation  of  the  report  of  the  commissioners  in  the  pre- 
mises, by  the  court,  pay  to  the  respective  persons  and  parties 
mentioned,  or  referred  to,  in  said  report,  in  whose  favour  any 

sum  or  sums  of  money  shall  be  estimated  and  reported,  by  the 
said  commissioners,  the  respective  sum  or  sums  so  estimated 
and  reported  in  their  favor  respectively  ;  and  in  case  of  neg-  Pmceedinps  m 
lect  or  default  in  payment,  of  the  same  within  the  time  afore-  dlrauittopay."' 
said,  the  respective  person  or  persons,  party  or  parties,  in 
whose  favor  the  same  shall  be  so  reported,  his,  her  or  their  exe- 
cutors,administrators  or  successors,  at  anytime  or  times  after 
application  first  made  by  him,  her  or  them,  to  the  said  mayor, 
aldermen  and  commonalty,  in  common  council  convened,  for 
payment  thereof,  may  sue  for,  and  recover  the  same,  with 
, awful  interest,  from  and  after  the  said  application  therefor, 


718  STREETS— CLOSING  of. 

and  the  costs  of  suit,  in  proper  form  of  action,  against  the 
said  mayor,  aldermen  and  commonalty,  in  any  court  having 
cognizance  thereof,  and  in  which  it  shall  be  sufficient  to  de- 
clare, generally,  for  so  much  money  due  to  the  plaintiff  or 
plaintiffs,  therein  by  virtue  of  this  act,  for  the  premises  taken 
by  virtue  thereof,  and  it  shall  be  lawful  for  the  plaintiff  or 
plaintiffs,  to  give  any  special  matter  in  evidence,  under  such 
general  declaration,  and  this  act,  and  the  report  of  the  said 
commissioners,  with  proof  of  the  right  and  title  of  the  plain- 
tiff and  plaintiffs,  to  the  sum  or  sums  demanded,  shall  be 
conclusive  evidence  in  such  suit  or  action :  Provided, 
ownerf^are  m^      5.  §  IV.  And  he  it  further  enacted,    That  whenever  the 

nors,    femes    co-  ,  •    .  r  i     i         i       ^  x       i 

vert  or  absent,  owucrs  and  proprietors  01  any  such  lands,  tenements,  here- 
ditaments and  premises,  to  be  taken  by  virtue  of  this  act,  or 
the  party  or  parties,  person  or  persons  interested  therein,  or 
any  or  either  of  them,  the  said  owners,  proprietors,  parties  or 
persons,  in  whose  favor  any  such  sum  or  sums,  or  compensa- 
tion shall  be  so  reported,  shall  be  under  the  age  of  twenty- 
one  years,  non  compos  mentis,  feme  covert,  or  absent  from 
the  city  of  New- York,  and  also  in  all  cases,  where  the  name 
or  names  of  the  owner  or  owners,  party  or  persons  entitled 
unto,  or  interested  in  any  lands,  tenements,  hereditaments  or 
premises  that  may  be  so  taken,  shall  not  be  set  forth  or  men- 

•  tioned  in  the  said  report,  or  where  the  said  owners,  party  or 

persons  respectively,  being  named  therein,  cannot,  upon  dili- 
gent inquiry  be  found,  it  shall  be  lawful  for  the  said  mayor, 
aldermen  and  commonalty,  to  pay  the  sum  or  sums  mention- 
ed in  the  said  report,  payable,  or  that  would  be  coming  to 
such  owners,  proprietors,  parties  and  persons  respectively, 
into  the  said  supreme  court  of  judicature,  to  be  secured,  dis- 
posed of  and  improved  as  the  said  court  shall  direct,  and 
such  payment  shall  be  as  valid  and  effectual,  in  all  respects,  as 
if  made  to  the  same  owners,  proprietors,  parties  and  persons 
respectively,  themselves,  according  to  their  just  rights,  if  they 
had  been  known  and  had  all  been  present,  of  full  age,  dis- 
covert and  compos  mentis  :  And  provided  also,  That  all 
and  in  each  and  every  case  and  cases,  where  any  such  sum 
or  sums  or  compensation  so  to  be  reported  by  the  said  com- 
missioners, in  favour  of  any  person  or  persons,  and  party  or 
parties  whatsoever,  whether  named  or  not  named  in  the  said 
report,  shall  be  paid  to  any  persons  or  persons,  or  party  or 
parties  whomsoever,  where  the  same  shall  of  right  belong, 


STREETS— CLOSING  o^.  n^ 

and  ought  to  have  been  paid  to  some  other  person  and  per- 
sons, or  party  or  parties,  it  shall  be  lawful  for  the  said  per- 
son or  persons,  or  party  or  parties,  to  whom  the  same  ought 
to  have  been  paid,  to  sue  for  and  recover  the  same,  with  law- 
ful interest  and  costs  of  suit,  from  the  person  or  persons, 
party  or  parties  to  whom  the  same  shall  have  been  paid,  as 
so  much  money  had,  and  received  to  the  use  of  the  said  plain- 
tiff or  plaintiffs,  by  the  person  or  persons,  party  or  parties 
respectively,  to  whom  the  same  shall  have  been  so  paid. 

6.  §  V»  And  be  it  further  enacted,  That  in  case  of  the  death,     Varancies  in 
resignation  or  refusal  to  act  of  any  such  commissioners  of  es-    ^^  ^"^''^• 
timates,  to  be  appointed  under  and  by  virtue  of  this  act,  it 
shall  and  may  be  lawful  for  the  court  aforesaid,  or  any  one 
of  the  justices  thereof,  on  the  application  of  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New- York,  as  often 
as  such  event  shall  happen,  to  appoint  a  discreet  and  disin- 
terested person,  being  a  citizen  of  the  said  city  of  New- 
York,  in  the  place  and  stead  of  such  commissioner  so  dying, 
resigning:  or  refusinpr  to  act,  and  that  the  survivin^:  or  acting  Power  of  sumv- 
commissioners,  as  the  case  may  be,  shall  have  lull  power  to  *="• 
proceed  in  the  execution  of  the  duties  of  their  appointment, 
until  a  successor  of  the  commissioner  so  dying,  resigning  or 
refusing  to  act,  shall  be  appointed. 

7*  6  VI.  And  be  it  further  enacted,  That  in  all  and  every  Twooftheccw^ 

...  *'     mtssioiicrs   may 

case  of  the  appomtment  of  commissioners  under  this  act,  it  act. 
shall  be  competent  and  lawful  for  any  iwo  of  such  said  com- 
missioners so  to  be  appointed,  to  proceed  to  and  execute  and 
perform  the  trust  and  duties  of  their  said  appointment,  and 
their  acts  shall  be  as  valid  and  effectual  as  the  acts  of  all  the 
commissioners  so  to  be  appointed,  if  they  had  acted  therein, 
would  have  been:  And  further,  That  in  all  cases  the  acts,  pro-  Majority  to  coi^- 
ceedings  and  decisions  of  a  major  part  of  such  of  the  commis- 
sioners as  shall  be  acting  in  the  premises,  shall  be  as  binding, 
valid  and  effectual,  as  if  the  said  commissioners  named  and 
appointed  for  such  purpose  had  all  concurred  and  joined 
therein. 

8.  §  VIL  And  be  it  further  enacted,  That  the  commissioners  Compensation  to 

'  -^  '  commiBsioners. 

to  be   appointed  under  and  by  virtue  of  this  act,  who  shall 
enter  upon  the  duties  of  their  appointment,  shall  each  be  cn^ 


720  STREETS— CLOSING  oP. 

titled  to  receive  the  sum  of  not  more  than  four  dollars,  besides 
all  reasonable  expenses  for  maps,  surveys,  clerk  hire  and  other 
necessary  expenses  and  disbursements,  for  each  day  they 
shall  respectively  be  actually  employed  in  the  duties  of  their 
appointment,  and  the  same  shall  be  paid  by  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New- York. 

Proceedings  to       Q.  §  VIII.  And  be  it  further  enacted,  That  whenever  and  as 

close,  &c.  and  to  ' 

open  and  lay  out,  oftcn  as  the  uiavor,  aldermen  and  commonalty  of  the  city  of 

&c.    any    street,  .-        '  j  j 

may  be  united.  Ncw-York  shall  be  desirous  to  open,  lay  out  or  form  any 
sti'eet  or  public  place,  or  to  extend,  enlarge,  streighten,  alter 
or  otherwise  improve  any  street  or  public  place,  which  shall 
be  contiguous  to,  or  in  the  neighborhood  of  any  lot  of  ground 
fronting  on  any  street  or  part  of  a  street,  which  they  may 
pray  to  have  closed  as  aforesaid,  that  then  it  shall  be  lawful 
for  them  to  unite  in  such  application  as  aforesaid,  an  applica- 
tion to  the  said  court  to  open,  lay  out  and  form  any  such 
street  or  public  place,  or  to  extend,  enlarge,  straighten,  alter 
.  or  otherwise  improve  any  such  street  or  public  place,  in  pur- 
suance of  the  provisions  of  the  act,  entitled  "  An  Act  to  re- 
duce several  laws  relating  particularly  to  the  city  of  New- 
York  into  one  act,"  and  the  acts  in  amendment  thereof. 

cSS.'s"if^The      1^-  §  IX-  ^^^^  ^^  it  further  enacted,  That  when  applications 

srh"cil?"''''"  to  close  and  to  open,  extend,  enlarge,  straighten  or  alter  any 

street,  lane,  alley  or  public  place,  shall  be  united  in  the  same 

application  as  aforesaid,  that  it  shall  be  the  duty  of  the  said 

commissioners  to  proceed  to  and  make  a  just  and  equitable 

estimate  and  assessment  of  the  loss  and  damage,  if  any,  over 

and  above   the  benefit  and  advantage,  or  of  the   benefit  and 

advantage,  if  any,  over  and  above  the  loss  and  damage,  as 

the  case  may  be,  to  the  respective  owners,  lessees,  parties  and 

persons  respectively  entitled  unto  or  interested  in  the  lands, 

tenements,  hereditaments  and  premises  fronting  on  any  road, 

street,  lane  or  alley,  which  application  maybe  made  to  close 

as  aforesaid,  by  and  in  consequence  of  closing  any  such 

road,  street,  lane  or  alley,  or  opening,  extending,  enlarging, 

straightening  or  altering  any  such  street  or  public  place ; 

owner.,  &c:  en-  and  that  it  sliall  not  be  lawful  for  the  said  owners,  lessees, 

'darnag"eVbovr  partics  and  persons  respectively  as  aforesaid,  to  recover 

the  benefit.         ^^^^^  ^^^^  ^^.^  ^^^^^^^^,^  aldermen  and  commonalty,  any  larger 

sum  on  account  of  the  premises,  than  the  sum  so  estimated 


STREETS— CLOSING  or.  721 

to  be  their  loss  and  damage  over  and  above  their  benefit  and 
advantasre. 

o 

11.  5  X.  And  he  it  further  enacted,  That  when  applications  a^^JseSj.'jJ^ 
shall  be  joined  as  aforesaid,  that  it  shall  be  the  duty  of  the  «d  from  the  bent- 
said  commissioners  to  deduct  from  the  amount  of  the  damages 

which  may  be  sustained  by  and  in  consequence  of  opening, 
laying  out  and  forming  any  street  or  public  place,  or  extend- 
ing, enlarging,  straightening,  altering  or  otherwise  improving 
any  street  or  public  place,  the  amount  which  the  road,  street, 
lane  or  alley  may  be  worth,  if  any,  over  and  above  the  sum 
which  the  said  mayor,  aldermen  and  commonalty  may  be  re- 
quired to  pay  for  the  same  as  aforesaid,  and  to  assess  that  vvhen  to  be  as- 

*  ^     •'  sess(!a  on  tlie  cor- 

sum  upon  the  said  mayor,  aldermen  and  commonalty,  or  if  poration. 
the  sum  which  they  shall  be  required  to  pay  for  the  same  as 
aforesaid,  shall  exceed  the  value  of  the  same,  that  then  it 
shall  be  the  duty  of  the  said  commissioners  to  award  to 
the  said  mayor,  aldermen  and  commonalty  the  amount  of 
such  deficiency  and  to  assess  the  same  upon  the  property  of 
those  which  may  be  benefited  as  aforesaid. 

12.  §  XL  And  be  it  further  enacted,  That  all  cases  when  betwe^niandioS 
no  part  of  any  lot  or  parcel  of  land,  or  other  premises  under  JJ^^endi'schar^i 
lease  or  other  contract,  shall  be  contiguous  to  any  road,  street, 

lane  or  alley,  after  the  closing  of  a  road,  street,  lane  or  alley 
as  aforesaid,  that  all  the  covenants,  contracts  and  agreements 
between  landlord  and  tenant,  or  any  other  contracting  par- 
ties, touching  the  same  or  any  part  thereof,  shall  upon  the 
confirmation  of  such  report  in  the  premises,  by  the  said 
court,  respectively  cease  and  determine,  and  be  absolutely 
discharged. 


91 


722  STREETS— OPENING  and  laying  out. 

STREETS— Opening  and  laying-. out. 

Act  to  Reduce,  <^^c. — Passed  April  d,  1813,  Vol.  2,  j*.  408, 

Sect.  1.  Street?,  avenues,  and  squares  how  to  be  opened. 

2.  On  ajiplicatiou  of  corporation,  supremo  court  to  appoint  commissioners;  their  oath 

and  duty.  .  t 

3.  Estimate  and  report  of  commissioners. 

4.  When  the  damage  exceeds  tlie  benefit  commissioners  to  report  the  excess  only. 

5.  When  damage  and  benefit  will  be  equal,  commissioners  to  leporl  accordingly. 

6.  When  the  benefit  exceeds  the  damage,  excess  of  benefit  to  be  reported. 

7.  Lands  adjacent  to  be  included  in  tlie  asse^ment. 

8.  Names  of  parties  and  de.*crjplion  of  land  to  be  set  forth  in  the  report. 

9.  Report  how  to  be  made  when  parties  interested,  or  their  estates  are  not  tnown. 

10.  Confirmation  of  report. 

11,  Report  confirmed  to  be.final  and  conclusive. 

I  IS.  Upon  coRfirmation  of  report  corporation  to  take  possession  of  premises. 

13.  Corporation  lands  to  be  asse-sscd. 

14.  Corporation  may  agree  with  parties  interested,  for  the  cession  of  lands  required 

for  streets.  >  \ 

15.  Duty  of  commissioners  when  part  of  lots  are  required. 

16.  Proceeds  of  sale  of  such  parts  of  lots  how  applied. 

17.  Contracts  between  landlord  and  tenant  to  cease  in  certain  cases. 
^                          18.  Commissioners  to  deposit  copy  of  assessment  in  clerk's  office. 

19.  Damages  awarded  when  to  be  paid  ;  neglect  ofpaymeut. 

20.  When  money  may  be  paid  into  court. 

21.  Monies  expended  to  be  assessed  on  persons  benefited 

22.  Three  freeholders  appointed,  and  oath  and  proceedings. 

23.  Sums  assessed  by  commissioners  to  be  a  lien. 

24.  May  be  levied  by  distress,  or  recovered  by  action. 

25.  Persons  paying  assessment  for  others,  may  recover  sum  back. 

26.  Vacancies  in  office  of  commissioner  how  filled. 

27.  Any  two  commissioners  nmy  act. 

28.  Compensation  to  be  paid  to  comniissioners. 

29.  Debts  for  opening  streets  may  bo  funded. 

30.  Corporation' authorized  to  run  streets  over  land  of  private  persons. 

31.  Rights  of  the  state  to  streets  and  highways  in  New- York  granted  to  the  corpo- 

ration* 

32.  Commissioners'  powers  extended. 

33.  Act  extended  to  present  as  well  as  future  commissioners. 

34.  Plans  and  profiles  of  streets  to  be  furnished  by  the  corporation. 

35.  Equitable  assessments  to  be  made. 

36.  Compensation  for  damages  how  to  be  made. 

37.  Powers  of  corporation  to  suspend  opening  streets,  &;c. 

38.  Commissioners  may  administer  oaths. 

anfstShow  1-  §  CLXXVII.  And  he  it  farther  enacted,  Tliat  whenever 
to  be  opened.  ^^^  ^g  often  as  the  mayor,  aldermen  and  commonalty  of  the 
city  of'  New- York,  shall  bo  desirous  to  open  any  street, 
avenue,  square  or  public  place,  or  any  particular  part  or  sec-' 
tion  of  any  street  or  avenue  laid  out  by  the  commissioners 
of  streets  and  roads  in  the  city  of  New- York,  under  and  by 
virtue  of  the  act,  entitled  "  An  Act  relative  -to  improve- 
ments touching  the  laying  out  of  streets  and  roads  in  the 
city  of  New- York,  and  for  other  purposes,"  passed  April  3d, 
1807,  and  also  whenever  and  as  often  as  so  many  proprie- 


STREETS— OPENING  AND  LAYING  OUT.  723 

tors  of  lands  fronting  on  any  such  street,  avenue,  square  or 

public  place,  or  any  particular  part  or  section,  of  any  such 

street,  avenue,  square  or  public  place  as  shall  together  own 

three-fourth  parts  of  all  the  lands  fronting  on  such  street, 

avenue,  square  or  public  place,  or  on  such  part  or  section  of 

any  such  strefct,  avenue,  square  or  public  place,  shall  by  pe-, 

tition,  desire  the  said  mayor,  aldermen  and  commonalty  to 

open- any  such  street,  avenue,  square  or  public  place,  or  any 

such  particular  part  or  section  of  any  such  street,  avenue, 

square  or  public  place,  and  the  said  raayor,  aldermen  and, 

commonalty  shall  deem  the  opening  thereof  to  be  necessary 

or  useful,  it  shall  be  lawful  for  the  said  mayor,  aldermen  and 

commonalty  to  cause  the  same  to  be  opened,  and  the  lands, 

tenements  and  hereditaments  that  may  be  required  for  the 

purpose  of  openins^  the  same,  may  be  taken  for  that  pur-  Lands,  &c.  may 

,  ^  ^  .  ,  •  "^  ,  ,  .be  taken  for  the 

pose,  and  compensation  and  recompense  made  to  the  parties  purpose  or  laying 
and  }X)rsons,  if  any  such  there  shall  be,  to  whom  the  loss  and 
damage  thereby  shall  be  deemed  to  exceed  the  benefit  and 
advantage  thereof,  for  the  excess  of  the  damage  over  and 
above  the  value  of  the  said  benefit,  in  the  manner  hereinafter 
for  that  purpose  directed  and  prescribed  ;  and  whenever  and 
as  often  also  as  it  shall  in  the  opinion  of  the  said  mayor,  al- 
dermen and  commonalty,  in-  common  council  convened,  be 
necessary  or  desirable  for  the  public  convenience  or  health 
to  lay  out,  form  and  open  any  street  or  streets  or  public  place 
or  places  in  any  part  of  the  said  city,  not  laid  out  into  streets, 
avenues,  squares  and  public  places  by  the  commissioners  of 
streets  and  roads  in  the  city  of  New- York,  under  and  by 
•  virtue  of  the  act  aforesaid,  or  to  extend,  enlarge,  straighten, 
alter  or  otherwise  improve  any  street  or  streets  or  part  of  a 
street,  or  public  place  or  places,  already  laid  out  or  hereaf- 
ter to  be  laid  out,  and  formed  or  opened  in  any  part  of  the 
said  city,  not  laid  out  into  streets,  avenues,  squares  and  pub- 
lic places  by  the  commissioners  aforesaid,  it  shall  be  lawful 
for  the  said  mayor,  aldermen  and  commonalty  of  the  city  of 
New- York,  to  order  and  direct  the  same  to  be  done,  and  to 
cause  the  same  to  be  done  accordingly  in  such  manner  as 
lliey  shall  think  most  advisable,  notwithstanding  it  may  be- 
come necessary  for  that  purpose  to  remove  any  building  or    Buiuiinfrs,  &c. 

•^  1        1  J  J  o .        may  be  taken  ur 

buildings,  or  to  take  any  lands^  tenements,  hereditaments  or  removed, 
premises  whatsoever  :  And  if  the  said  mayor,  aldermen  and 
commonalty  shall  require  any  Jands,  tenements,  hereditaments 


nu 


STREETS — orENiNG  and  laying  ovr. 


or  premises  of  any  person  or  persons,  or  body  politic  or  cor- 
porate for  any  such  purpose  the  same  may  be  taken  and  ap- 
propriated to  such  use,  and  dompensatix)n  and  recompence 
made  to  the  parties  and  persons  respectively,  if  any  such 
there  shall  be,  to  whom  the  loss  and  damage  thereby  shall 
be  deemed  to  exceed  the  benefit  and  advantage  thereof,  for 
the  excess  of  the  said  damage  above  the  said  benefit,  in  the 
manner  for  that  purpose  hereinafter  mentioned  and  provided. 


On  application  of 
corporation,  sup. 
court  to  appoint 
3  commissioners 
to  ascertain  da- 
mages, &.C. 


2.  §  CLXXVIII.  And  be  it  further  enacted,  That  whenever 
3  and  as  often  as  any  lands,  tenements,  hereditaments  or  pre- 
mises whatsoever  shall  be  required  for  the  said  purpose  of 
opening  any  such  public  square,  place,  street,  or  avenue,  or 
part  or  section  of  a  street  or  avenue,  in  the  said  city  of  New- 
York,  laid  out  by  the  commissioners  aforesaid,  under  and  by 
virtue  of  the  act  aforesaid  so  to  be  opened,  or  for  the  said 
purposes  of  laying  out  and  forming  or  extending,  enlarging, 
straightening,  altering  or  otherwise  improving  any  street  or 
public  place,  so  be  laid  out  and  formed  or  opened,  or  so  to 
be  extended,  enlarged,  straightened,  altered  or  otherwise  im. 
proved,  in  any  part  of  the  said  city  not  laid  out  into  streets, 
avenues,  squares  and  public  places,  by  the  commissioners 
aforesaid,  under  the  act  aforesaid,  or  for  any  or  either  of  the 
said  purposes,  it  shall  be  lawful  for  the  said  mayor,  alder- 
men and  commonalty,  to  make  application  or  to  cause  ap- 
plication to  be  made  to  the  supreme  court  of  judicature  of 
this  state,  for  the  appointment  of  commissioners  s  and  it  shall 
be  lawful-  for  the  said  court  to  whom  such  application  shall 
be  made,  on  any  such  application,  to  nominate  and  appoint 
three  discreet  and  disinterested  persons,  boing  citizens  of 
the  United  States,  commissioners  of  estimate  and  assess- 
ment, for  the  purpose  of  performing  the  duties  hereinafter 
in  that  behalf  prescribed,  which  said  commissioners  before 
they  enter  upon  the  performance  of  the  duties  of  their  ap- 
pointment shall  severally  take  and  subscribe  an  oath  or  affir- 
mation, before  some  person  authorized  by  law  to  administer 
oaths,  "  faithfully  to  perform  the  trust  and  duties  required  of 
them  by  this  act,"  which  oath  or  affirmation  shall  be  filed  in 
the  clerk's  office  of  the  city  of  New- York  ;  and  it  shall  be 
Duty  of  cf>mmi»-  the  duty  of  the  said  commissioners,  after  having  viewed  the 

■ionera.  ,        ,       "^  it'  i  •  •       i 

lands,  tenements,  hereditaments  and  premises  so  required 
for  the  purpose  of  opening  the  said  public  square  or  place. 


Commissioners 
to  be  swori^. 


STREETS— OPENING  AND  LAYING  OUT.  725 

Street,  avenue  or  part  or  section  of  a  street  or^venue  so  to 

be  opened,  or  for  the  purpose  of  laying  out  and  forming  the 

street  or  streets,  or  public  place  so  to  be  laid  out  and  formed, 

or  for  the  purpose  of  extending,  enlarging,  straightening, 

altering,  or  otherwise  improving  the  street  or  public  place 

so  to  be  extended,  enlarged,  straightened,  altered,  or  other- 

"wise  improved,  as  the  case  may  be,  and  the  lands,  tenements, 

hereditaments  and  premises,  on  each  side  of  the  same  half 

way  to  the  next  street  or  avenue  thereto  (if  they  shall  deem 

such  view  to  be  necessary  or  useful)  and  after  causing  all 

such  surveys,  maps,  profiles,  plans  and  other  things  as  they 

may  judge  necessary  to  be  made,  done  and  prepared  for 

their  use,  to  proceed  to  and  make  a  just  and  equitable  esti-    To  make  eati- 

,  r     1         ^  11  '^  mate  of  damage, 

mate  and  assessment  oi  the  loss  and  damas^e,  if  any,  over  and  benefit  to 

r      1        1  f     pa'''J<*s  interested 

and  above  the  benefit  and  advantage,  or  of  the  benefit  in  land,  required 
and  advantage,  if  any,  over  and  above  the  loss  and  da- 
mage, as  the  case  may  be,  to  the  respective  owners,  lessees, 
parties  and  persons  respectively,  entitled  unto,  or  interested 
in  the  lands,  tenements,  hereditaments  and  premises,  so  re- 
quired for  the  purpose,  by  and  in  consequence  of  opening 
such  public  square  or  place,  street,  avenue,  or  part  or  section 
of  a  street  or  avenue  so  to  be  opened,  or  by  and  in  conse- 
quence of  laying  out  and  forming  such  public  street  or  place 
so  to  be  laid  out  and  formed,  or  by  and  in  consequence  of 
extending,  enlarging  or  otherwise  improving  the  street  or 
public  place  so  to  be  extended,  enlarged,  or  otherwise  im- 
proved, as  the  case  may  be,  and  a  just  and  equitable  estimate 
and  assessment  also  of  the  value  of  the  benefit  and>advan- 
tage  of  such  said  public*  square  oifjftce,  street,  avenue,  or 
part  or  section  of  a  street,or  avenue  so-  to  be  opened,  or  such 
street  or  public  place  so  to  be  laid  out  and  formed,  or  of 
such  extension,  enlargement  or  other  improvement  of  the 
street  or  public  place  so  to  be  extended,  enlarged,  or  other- 
wise improved,  as  the  case  may  be,  to  the  respective  owners, 
lessees,  parties  and  persons  respectively,  entitled  unto  or 
interested  in  the  said  respective  lands,  tenements,  heredita- 
ments and  premises  nof  required  for  the  purpose  of  opening, 
laying  out  and  forming  or  extending,  enlarging  or  other- 
wise improving  the  same,  but  fronting  or  to  front  thereon, 
or  being  at  and  within  half  the  distance  of  the  next  street  or  ^ 

avenue  thereto  from  the  same  on  each  side  thereof,  and 
which  the  said  commissioners  may  deem  to   be  benefited 


72G  STREETS — opening  and  laying  oxji*. 

by  such  j)ul^c  square  or  place,  street,  avenue,  or  part  or 
section  of  a  street  or  avenue  so  to  be  opened,  or  such  street 
or  public  place  so  to  be  laid  out  And  formed,  or  so  to  be  ex:- 
tended,  enlarged  or  otherwise  improved,  in  respect  to  the 
respective  estates  and  interest  of  such  said  owners,  lessees, 
parties  and  persons  respectively,  so  entitled  unto  or  inter- 
ested in  such  said  lands,  tenements,  hereditaments  and  pre- 
^premoToSJt'^'  ^^iscs,  SO  benefited  thereby ;  and  to  report  to  the  said  su- 
preme court  of  judicature  "without  unnecessary  delay  ;  and 
nJ^fexcolds^he  ^^  Hiakiug  such  estimate  and  assessment  and  report  in  the 
sio'S  to^'n'plirt  premises,  it  shall  be  the  duty  of  the  said  commissioners  in  all 
of  daniage.*^^^*^^^  cascs  whcrc  the  loss  and  damage  to  the  owners^  iessees, 
parties  and  persons  entitled  unto  or  interested  in  any  such 
lands,  tenements,  hereditaments  or  premises,  so  required  for 
the  purpose  of  any  such  said  operation  and  improvement 
that  is  to  say,  the  operation  and  improvement  of  open- 
ing such  said  public  square  or  place,  street  or  avenue, 
or  part  or  section  of  a  street  or  avenue  so  to  be  opened,  or 
the  operation  and  improvement  of  laying  out  and  forming 
any  such  street  or  public  place  so  to  be  laid  out  and  formed, 
or  the  operation  and  improvement  of  extending,  enlarging 
or  otherwise  improving  such  said  street  or  public  place  to 
be  extended,  enlarged  or  otherwise  improved,  as  the  case 
may  be,  by  and  in  consequence  of  such  said  operati6n  and 
improvement,  shall  in  the  opinion  of  the  said  commissioners 
exceed  the  value  to  him,  her  or  them  of  the  benefit  and  ad- 
vantage of  such  said  public  square  or  place,  street  or  avenue, 
or  part  or  section  of  a  street  or  avenue  so  to  be  opened,  or 
of  such  street  or  publK^place  so  ifo  be  laid  out  and  formed, 
or  of  such  extension,  enlargement  or  other  improvement  of 
the  said  street  or  public  place  so  to  be  extended,  enlarged  or 
otherwise  improved,  as  the  case  may  be,  to  estimate  and  re- 
pott  the  excess  and  surplus  only,  of  the  said  loss  and  damage 
over  and  above  the  value  of  the  said  .benefit  and  advantage 
as  and  for  the  compensation  and  recompense,  and  the  same 
shall  be  the  compensation  and  recompense  to  be  made  to  such 
owner  or  owners,  lessee  or  lessees,  parties  and  persons  re- 
spectively, for  his,  her  or  their  loss  and  damage  by  and  in 
consequence  of  the  said  operation  and  improvement  of  open- 
ing, laying  out  and  forming  or  extending,  enlarging  or  other- 
wise improving  such  said  public  square,  place,  avenue,  street, 
or  part  or  section  of  a  street  or  avenue  to  be  opened,  laid 


STREETS— oPEmNG  and  laying  out.  727 

out  and  formed  or  extended,  enlarged  or  otherwise  improved, 
as  the  case  may  be,  and  relinquishing?  the  said  lands,  tene- 
ments, hereditaments  and  premises  so  required  of  him,  her 
or  them  for  that  purpose ;  and  in  all  cases  where  the  benefit  ami^beneSr  wtii 
and  advantage  o£^Ug14  said  public  square,  place,  street  or  ^^^j Jj^JJ^J^  ^^°™- 
ja^venuc,  or  part  or  section  of  a  street  or  avenue  so- to  p^"  ^"'''^'^^"siy- 
be  opened,  or  of  such  said  street  or  public  place  so  to  * 
be  laid  out  and  formed,  or  of  suclv  extension,  enlargement* 
or  other  improvement  of  the  street  or  publi«  place  so  to  be  - 
extended,  enlarged  or  otherwise  improved,  as  the  case  may 
be,  to  any  owner  or  owners,  lessee  or  lessees,-  party  or  per- 
son or  persons  so  entitled  unto  or  interested  in  any  such 
lands,  tenements,  hereditaments  or  premises  so  required  for 
the  purpose  of  tlie  said  operation  of  opening,  laying  out  and 
forming  or  e?:tending,  enlarging  or  otherwise  improving  the 
same,  will  in  the  .opinion  of  the  said  commissioners  be  equal 
and  equivalent  to  the  loss  and  damage  of  such  owner  or* 
owners,  lessee  or  lessees,*party  or  person  or  persons  respec- 
tively, by  and  in  conseqnencc  of  the  said'operation  of  open- 
ing, laying  out  and  forming  or  cxteading,  enhirging  or  other- 
wise improving  the  same,  and  the  relinquishment  of  the 
lands,  tenements,  hereditaments  and  premises  required  for 
that  purpose,  to  report  that  sucli  owners,  lessees,  parties  and 
persons  respectively,  will  sutler  no  damage  by  or  in  conse- 
quence of  making  such  said  operation  and  improvement, 
and  relinquishing  the  lands,  tenements,  hereditaqients  and 
premises  so  required  of  him,  her  or  them,  respecti»vely  for 
that  purpose,  the  benefit  and  advantage  thereof  to  him,  h'er 
or  Ihem,  being  equal  and  equivalent  to  the  loss  and  damage 
that  will  be  sustained  by  him,  her  or  them  thereby  ;  but  in 
all  cases  where  the  benefit  and  advantage  of  such  said  ope-  wiienthebene- 

^  ^         fit    exceeds .    the 

ration  and  improvement  to  any  such  owner  or  owners,  lessee  <ia"'^gt^^,coiniiiis- 

*  *'  ^  •  sinners  to  report 

or  lessees,  party  or  person  or  persons  so  entitled  unto  or  in-  [j»'yti'e  excess  of 
terested  in  any  lands,  tenements,  hereditaments  and  premises 
required  for  the  purpose  of  making  the  same,  will -in  the 
opinion  of  the  said  commissioners  exceed  the  loss  and  da- 
mage which  he,  she  or  tlicy  will  respectively  sustain  by  and 
in  consequence  of  the  making  of  the  same,  and  the  relinquish- 
ment by  him,  her  or  them,  of  the  said  lands,  tenements,  here- 
ditaments and  premises  so  required  of  him,  her  or  them  respec-  * 
lively  for  that  purpose,  to  estimate,  assess  and  report  the  ex- 
cess and  surplus  only,  of  the  value  of  the  said  benefit  and 


728  STREETS — opening  and  laying  out. 

advantage  over  and  above  the  said  loss  and  damage,  as  and 
for  the  sum  or  allowance  to  be  allowed  and  paid,  and  the 
same  shall  be  the  sum  or  allowance  to  be  allowed  and  paid  ' 
by  him,  her  or  them  respectively  for  the  benefit  and  advan- 
tage of  the  said  public  square,  place,  street  (5r  avenue,  or 
part  or  section  of  a  street  or  avenue  so  to  be  opened,  or  of 
the  said  street  or  public  place  so  to  be  laid  out  and  formed, 
or  of  the  said  extension,  enlargement  or  other  improvement 
of  the  street  or  "public  place  so  to  be  extended,  enlarged  'or 
otherwise  improved,  as  the  case  may  be,  to  him,  her  or  them 
tofndud?h"thdr  respectively.    And  in  all   cases  also   where  any  owner  or 
adja?eIirto*tbe  owucrs,  Icsscc  or  Icssccs,  party  or  person  or  persons  who 
street.  ^^^  ^^  interested  in  or  entitled  unto  any  lands,  tenements, 

hereditaments  or  premises,  not  included  within  the  limits 
of  such  public  square  or  place,  street,  avenue,  or  part  or 
section  of  a  street  or  avenue  so  to  be  opened,  or  such  street 
.  or  public  place  so  to  be  laid  out  and  formed  or  extended,  efi- 
larged  or  otherwise  improved,  but  fronting-  or  to  front  upon 
or  being  within  half  the  distance  of  the  next  street  or  avenue 
thereto  from  the  same  on  either  side  thereof,  will  in  the 
opinion  of  the  said  commissioners  be  benefited  by  opening, 
laying  out  and  'forming  or  extending,  enlarging  or  otherwise 
improving  the  same,  as  the  case  may  be,  to  estimate,  assess 
and  report  the  value  of  such  bene-fit  to  such  owner  or  owners, 
A  lessee  or   lessees,  parties  and  persons  respectively  in  re- 

spect to  the  said  lands,  tenements,  hereditaments  and  pre- 
mises w4ierein  he,  she  or  they  may^respectively  be  so  in- 
Names  of  parties  te  rested;  and  in  which  said  report  the  commissioners  who 
*dS?r?ptto"'oT*^  shall  make  the  same,  shall  set  forth  the  names  of  the  respec- 
L*Je1?tsrto'be'^set  tive  owucrs,  lessccs,  parties  and  persons  entitled  unto  or  in- 
forth  10  report,     tej-gg^eci  jn  the  said  lands,  tenements,  hereditaments  and  pre- 
mises, mentioned  in  the  said  report,  and  each  and  every  part 
and  parcel  thereof,  as  far  forth  as  the  same  shall  be  ascer- 
tained by  them,  and  an  apt  and  sufficient  designation  or  de- 
scription of  the  respective  lots  or  parcels  of  land  and  other 
tenements,  hereditaments  and  premises  that  may  be  required 
for  the  purpose  of  opening  such  public  square,  place,  street 
or  avenue,  or  part  or  section  of  a  street  or  avenue  so  to  be 
opened,  or  laying  out  and  forming  or  'extending,  enlarging  or 
otherwise  improving  such  street  or  public  place  so  be  laid 
out  and  formed,  or  so  to  be  extended,  enlarged  or  otherwise 


The  like  as  to  ad- 
jacent land  inclu- 
ded    in 


STREETS—OPENING  AND  LAYING  OUT.  V2» 

improved,  as  the  case  may  be,  and  also  of  the  said  respec- 
tive lots  or  parcels  of  land  and  other  tenements,  heredita- 
ments, and  premises  not  included  within,  but  deemed  to  be 
benefited  by  the  same  and  so  assessed  by  the  said  commis- 
sioners for  the  said  benefit  as  aforesaid,  and  also  the  several 
and  respective  sums  estimated  and  assessed  as  and  for  the 
compensation  and  recompense  or  the  allowance  to  be  made 
for  the  loss  and  damage,  or  for  the  benefit,  as  the  case  may 
be,  of  the  respective  owners  of  tloe  fee  or  inheritance  of 
such  lands,  tenements,  hereditaments  and  premises  respec- 
tively, and  for  the  loss  or  damage,  or  for  the  benefit,  as  the 
case  may  be,  of  the  respective  owners  of  the  leasehold  es- 
tate or  other  interests  therein  separately  ;  but  in  all  and  each  nSc\vh7n%^^- 
and  every  case  and  cases  where  the  owners  and  parties  in-  [heir"istatS'*'ari 
terested  or  their  respective  estates  and  interests  are  unknown  "^^''"own. 
or  not  fully  known  to  the  said  commissioners,  it  shall  be  suffi- 
cient for  them  to  estimate  and  assess,  and  to  set  forth  and 
state  in  their  said   report  in  general  terms,  the  respective 
sums  to  be  allowed  and   paid  to  or  by  the  owners  and  pro- 
prietors generally  of  such  said   lands,  tenements,  heredita- 
ments and  premises,  and  parties  interested  therein  for  the  loss 
and  damage,  or  for  the  benefit  and  advantage,  as  the  case 
may  be,  to  such  owners,  proprietors  and  parties  interested  in 
respect  of  the  whole  estate  and  interest  of  whomsoever  may 
be  entitled  unto  or  interested  in  the  said  lands,  tenements* 
hereditaments  and   premises    respectively,  by  and  in  con- 
sequence of  the  said  operation  and  improvement  of  opening, 
laying  out  and  fonning  or  extending,  enlarging  or  otherwise 
improving  the  said  public  square  or  place,  street,  avenue,  or 
part  or  section  of  a  street  or  avenue  so  to  be  opened,  or  so 
to  be  laid  out  and  formed  or  extended,  enlarged  or  otherwise 
improved  as  the  case  may  be,  without  specifying  the  names 
or  the   estates    or  interests    of  such  owners,   proprietors 
and  parties  interested,  or  of  any  or  either  of  them  ;  and  upon  Report  to  bo  ron- 

the  coming  in  of  the  said  report  signed  by  the  said  commis-  conn,  orr^pferlid 
^   ,  ,       ' .  ,  ,t    1    11  1         1         *"  ''"^^  commis- 

sioners or  anv  two  or  tlicm,  the  said  court  shall  bv  rule  or  sionors  for  revi- 
-      ,   *■    .  ,  .  ,  I       11       *^i        •       ^•■^''   "•■  ^o  °^^ 

order,  alter  hparing  any  matter  wnien  may  be  alleged  against  commissioner*. 

the  same,  either  confirm  the  said  report  or  refer  the  same  to 
the  same  commissioners  for  revisal  and  correction,  or  to  new 
commissioners,  to  be  appointed  by  the  said  court,  to  re-con- 
sider the  subject  matter  thereof,  and  the  said  commissioners 
to  whom  the  said  report  shall  be  so  referred,  shall  return  the 

92 


730  STREETS — opening  and  laying  orr. 

same  report  corrected  and  revised,  or  a  new  report  to  be 
made  by  them  in  the  premises^  to  the  said  comt  without 
unnecessary  delay ;  and    the  saVne,   on  being  so  returned, 
^  shall    be    confirmed    or  again    referred   by  the  said  court 

in  manner  aforesaid,  as  right  and  justice  shall  require,  and 
so  from  time  to  time,  until  a  report  sloall  ^be  made  or  re- 
turned   in  the    premises,   which  •  the  said  court  shall  con- 
jeport  when  con-  firm  ;  and  such  Import,,  when  so  confirmed  bv  the  said  court. 

ftrnied  to  be  final     ,         '  r        '^  ^  > 

•ndcoiwiusive.    shall  be  final  and  conclusive,  as  w^ell  upon  the  said  mayor^ 
aldermen  and  commonalty  of  the  city  of  New- York,   as 
upon  the  owners,  lessees,  persons  and  parties  interested  in,, 
and  entitled  unto  the  lands,  tenements,  hereditaments  and 
premises  mentioned  in  the  said  report;  and  also  upon  all 
other  persons  whomsoever  ;  and  on  such  final  confirmation  of 
such  report  by  the  said  court,  the  said  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  shall  become  and  be 
seized  in  fee  of  all  the  said  lands,  tenements,  hereditaments 
and  premises  in  the  said  report  mentioned,  that  shall  or  may 
be  so  required  for  the  purpose  of  opening  the  said  public 
square  or  place,,  street  or  avenue,  or  part  or  section  of  a 
street  or  avenue  so  to  be  opened,  or  for  the  purpose  of  lay- 
ing out  and  forming  the  said  street  or  public  place  so  to  be 
laid  out  and  formed,  or  for  the  purpose  of  extending,  enlarg- 
ing or  otherwise  improving  the  street  or  public  place  so  to  be 
extended,  enlarged  or  otherwise  improved,  as  the  case  may 
be,  the  same  to  be  appropriated,  converted  and  used  to  and 
th€^SSn*to*tJke  ^"^^'  ^^*^^  ^^^^  purpose  accordingly  ;  and  thereupon  the   said 
J?ISses"requir^  mayoT,  aldermen  and  commonalty,  or  any  person  or  persons 
«<t  for  streets,  &c.  acting  undcr  their   authority,  may  immediately,  or  at  any 
time  or  times  thereafter,  take  possession  of  the  same,  or  any 
part  or  parts  thereof,  without  any  suit  or  proceeding  at  law 
for  that  purpose  :  In  trust,  neiierthdess.  That  the  same  be  ap- 
propriated and  kept  open  for,  or  as  part  of  a  public  street, 
avenue,  square  or  place  for  ever,  in  like  manner  as  the  said 
public  streets,  avenues,  squares  and  places  in  the  said  city 
May  permit  cer-  are,  and  of  right  ought  to  be  :  Provided,  That  the  said  may« 
KemainunJeSoJ^  or,   aldermen,  and  commonalty   may  permit   any  building 
which  shall  be  either  partly  or  wholly  included  within  the 
limits  of  any  such  street,  avenue,  public   square,  or  place 
laid  out  in  the  said  city,  by  the  commissioners  of  streets  and 
roads  in  the  city  of  New- York,  under  and  by  virtue  of  the 
before  mentioned  act,  entitled  "  An  Act  relative  to  improve- 


STREETS— OPENING  AND  LAVING  OUT.  7^1 

^ents  tou<^hing  the  laying  out  of  streets  and  roads  in  the  city 
of  New- York,  and  for  other  purposes,"  and  so  to  be  opened 
^3  aforesaid,  to  remain  unremoved  for  such  time  or  times  as 
they  shall  think  proper:  Provided  aho,  That  it  shall  not  be  S°o3^frcr^ 
iawful  for  the  said  commissioners  of  estimate  and  assess- ^*"**'"^^*^"^" 
ment,  to  be  appointed"  under  and  by  virtue  of  this  act,  to  allow 
any  sum  or  compensation  whatsoever  for  any  building  or  build- 
ing which  at  any  time  subsequently  to  the  filing  of  the  maps 
mentioned  in  the  fifth  section  of  the  said  last  mentioned  act> 
may  have  been  built,  placed  or  erected,  or  which  at  any  time 
hereafter  may  be  ouilt^  placed  or  erected,  in  part  or  in  whole> 
on  any  such  street,  avenue,  public  square,  or  place  laid  out 
by  the  said  commissioners  of  streets  and  roads  in  the  city  of 
New- York,  under  and  by  virtue  of  the  said  last  mentioned 
act :  But  provided  further,  That  compensation  and  recom" 
pence  shall  be  made  to  the  owners  thereof,  and  parties  inte- 
rested therein,  for  all  buildings  and  improvements,  erected, 
placed  or  made  wholly  or  in  part  upon  any  part  of  any  such 
street,  avenue,  square  or  public  place,  so  to  be  opened,  at 
any  time  before  the  time  of  the  filing  of  the  maps.aforesaid  : 
And  further,  That  it  shall  be  lawful  for  the  said  commis- 
sioners of  estimate  and  assessment  if  they  shall  deem  it  just 
and  equitable  under  the  circumstances  to  do  so,  but  not  other- 
wise, to  assess  any  part  not  exceeding  one  third  part  of  the 
estimated  value  of  any  such  bijilding  or  buildings,  but  not  of 
«iny  other  improvement,  upon  the  said  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York :  And  provided  also,  t^ommissiiohert 

•'  ••  •  -'  to  assess  a  part  or 

That   if  it  should    become  necessary  for  the   purpose   of  V'"''''^'"^*^^'''""' 

'  _  ^  *'  ^        A  dings  on  corpora- 

laying  out  and  forming  or  extending,  enlarging  or  otherwise  ^'O"- 

improving  any  stree't  or  public  place  in  any  part  of  the  said 

city  of  New- York,  not  laid  out  into  streets,  avenues,  squares 

and  public  places  by  the  said  commissioners  of  streets  and 

roads  in  the  city  of  New- York,  under  and  by  virtue  of  the 

said  last  mentioned  act,  to  remove  any  building  or  buildings, 

it  shall  and  may  be  lawful  to  and  for  the  said  commissioners 

of  estimate  and  assessment  at  their  discretion,  if  they  shall 

deem  it  equitable  and  just  to  do  so,  but  not  otherwise,  to  as» 

sess  any  part  not  exceedinfr  one  third  part  of  the  estimated 

Value  of  such  building  or  buildmcrs  upon  the  said  mayor,  al-  ioii<-'infr  tocorpo- 

1  1  r     ^  ■  r  -^T  \r      i  *  ration  dre  requir- 

dermen  and  commonalty  of  the  city  ol  New- York:   And  ^^^  for  aforesaid 
provided  also^  That  if  any  lands,  tenements,  hereditanrienis  missioners  are  to 

,  .  ''  assess     damage* 

or  premises  belonging  to  the  said  mayor,  aldermen  and  com-  »'  benefit  m  ttt« 

'■  o     o  J       '  usual  niannsri 


732  STREETS— OPENING  A.VD  LAYING  OtT^ 

monalty  of  the  city  of  New- York,  or  wherein  they  may  he 
interested,  shall  be  required  for  any  of  the  purposes  afore- 
said,  or  shall  be  benefited  by  aj:iy  such  operation  and  im- 
provement as  herein  before  mentioned,  the  said  mayor,  al- 
dermen and  commonalty  shall  be  entitled  to  compensation 
and  recompence  for  the  loss  and  damage  they  may  sustain^ 
and  shall  be  bound  to  allow  and  pay  for  the  benefit  and  ad- 
.  vantage  they  may  be  demced  to  acquire  thereby,  in  hke 
manner  as  other  owners  and  proprietors  of  lands  and  pre- 
mises required  for  the  purpose  of  making  the  said  operation 
and  improvement,  or  deemed  to  be  benefited  thereby  ;  and 
it  shall  be  lawful  for  the  said  commissioners  of  estimate  and 
assessment,  and  they  are  hereby  directed  in  such  each  and 
every  case,  to  estimate  and  assess  upon  the  principles  and  in, 
the  manner  herein  aforesaid ;  and  to  report  the  sum  or  sums 
which  in  their  opinion  ought  to  be  allowed  and  paid  to  or  by  the 
said  mayor,  aldermen  and  commonalty  for  the  said  loss  and  da- 
mage, or  for  the  said  benefit  and  advantage, as  the  case  maybe, 
to  the  said  mayor,  aldermen  and  commonalty,  by  and  in  conse- 
quence of  such  said  operation  and  improvement  of  opening  the 
said  public  square,place,  street,  avenue,  or  part  or  section  of  a 
street  or  avenue  so  to  be  opened,  or  laying  out  and  forming 
or  extending,  enlarging  'or  otherwise  improving  the  said 
street  or  public  place  so  to  be  laid  out  and  formed,  or  extend- 
ed, enlarged,  or  otherwise  improved,  as  the  case  may  be  ; 
Corporation  may  And promdecl  also,  That  it  shall  be  lawful  for  the  said  mayor, 

agree  with    par-  -*  '  ^        ' 

ties  interested  for  aldermen  and  commonalty,  at  any  time  or  times,  either  be- 

cessfon     of     the  ^  '  ^ 

1-^"^% ''^'^ '^''c '^  fore  or  after  the  appointment  of  commissioners  in  the  pre- 
mises, for  any  of  the  purposes  aforesaid,  to  agree  with  the 
owners,  lessees,  parties  and  persons  entitled  unto  or  intei'est- 
ed  in  the  lands,  tenements,  hereditaments  and  premises,  that 
either  will  be  benefited  by  or  may  be  required,  for  the  pur- 
pose of  making  the  operation  and  improvement  intended  to 
be  made,  or  with  any  or  with  either  of  such  owners  or  other 
parties  interested  therein,  for  and  about  the  cession  of  lands, 
tenements.,  hereditaments  and  premises  required  of  him,  her 
or^  them  respectively,  for  the  purpose  of  making  such  said 
intended  operation  and  improvement,  and  for  and  about  the 
compensation  and  recompence  to  be  made  to  him,  her  or 
them  for  the  same,  or  for  and  about  the  allowance  or  sum  or 
sums  to  be  allowed  and  paid  by  such  owners  and  parties  re- 
spectively, or  by  any  or  either  of  them,  for  the  benefit  and 


STREETS— OPENING  AND  LAYING  OUT.  "^33 

advantage  of  tiie  public  square,  place,  street,  avenue,  or  part 
or  section  of  a  street  or  avenue  so  to  be  opened,  or  the  street 
or  public  place  so  to  be  laid  out  and  formed,  or  the  extension, 
enlargement  or  other  improvement  of  the  street  or  public 
place  so  to  be  extended,  enlarged  or  otherwise  improved,  to 
him,  her  or  them,  over  and  above  the  value  of  the  lands,  tene- 
ments, hereditaments  and  premises,  that  may  be  required,  if 
any  lands,  tenements,  hereditaments  or  premises  shall  be  re- 
quired of  him,  her  or  them,  for  the  purpose  of  opening,  lay- 
ing out,  and  forming  or  extending,  enlarging  or  otherwise 
improving  the  same,  and  in  case  of  any  such  agreement  or 
agreements  with  part  only  of  the  said  owners  and  parties 
entitled  unto  and  interested  in  the  said  lands,  tenements,  he- 
reditaments and  premises  so  required  for  the  purpose  of  mak- 
ing any  such  operation  and  improvement  as  aforesaid,  or  to 
be  benefited  thereby,  the  same  shall  be  valid  and  binding 
upon  the  parties  thereto,  and  the  said  commissioners  shall, 
nevertheless,  enter  upon  and  make  or  proceed  with  their  said 
estimate  and  assessment,  and  make  report  to  the  said  court 
as  to  the  residue  of  the  said  lands,  tenements,  hereditaments 
and  premises,  required  ibr  the  said  purpose  of  making  such 
said  operation  and  improvement,  or  to  be  benefited  thereby, 
concerning  which  the  owners  thereof  and  parties  interested 
therein  shall  not  agree  :  and  the  said  report,  when  confirmed, 
shall  be  of  like  force  and  effect  in  regard  to  the  matters  com- 
prised therein,  as  if  no  such  agreement,  as  to  part  of  the 
premises,  had  been  made. 

15.  §  CLXXIX.  And  be  it  further  enacted,  That  it  shall  Dutyofconunfi^' 

•'  ^  '  sioiiers    when 

be  lawful  for  the  said  commissioners  so  to  be  appointed  by  J'^^'^^u'iJed.""'*^ 
the  couri  aforesaid,  for  any  of  the  purposes  aforesaid,  in  all 
cases  where  part  only  of  any  lot  or  lots,  or  parcel  or  parcels 
of  land,  or  of  any  other  tenements,  hereditaments  or  pre- 
mises, shall  be  required  for  any  of  the  aforesaid  purposes, 
leaving  a  residue  of  such  lot  or  lots,  or  .parcel  or  parcels  of 
land,  or  other  premises  belonging  to  the  same  owner  or 
owners,  or  parties  in  interest  to  whom  the  said  part  thereof 
so  required  for  such  purpose  shall  belong,  and  they  the  said 
commissioners  shall  deem  it  expedient  and  proper  so  to  do, 
to  include  and  comprise  in  their  said  estimate  and  assess- 
ment the  whole  or  any  part  of  such  said  residue  of  such  lot 
or  lots,  or  parcel  or  parcels  of  land  or  other  premises  along 


^il4  STREETS OPENING  AND  LAYING  OUT*; 

with  the  part  of  the  same  so  required  for  the  said  purpose  of 
the  said  intended  operation  and  improvernent,  in  like  manner 
as  if  the  said  residue  or  the  part  thereof  so  to  be  included 
in  the  said  estimate  and  assessment  was  required  for  the 
purpose  of  making  the  said  operation  and  improvement  so 
to  be  made,  and  ail  the  said  part  and  residue  of  the  said  lot 
or  lots,  or  parcel  or  parcels  of  land  or  other  premises  so  in- 
cluded in  the  said  estimate  and  assessment,  and  not  required 
for  the  purpose  of  making  such  said  operation  and  improve- 
ment, shall,  on  the  confirmation  by  the  said  court  of  the  said 
report  of  the  commissioners,  or  such  further  report  as  may 
be  made  in  the  premises,  become,  and  be  vested  in  the  said 
mayor,  aldermen  and  commonalty  of  the  city  of  New^-York, 
and  their  successors  in  fee  simple,  who  may  appropriate  the 
same,  or  any  part  thereof  to  public  uses,  and  shall  and  may 
sell  and  dispose  of  the  residue  thereof,  or  the  w^hole,  in  case 
of  no  appropriation  of  any  part  thereof  for  pubhc  uses  * 
Provided; 
Jpiocecdsofsaie      jqr  CLXXX.  And  be  it  further  enacted,  That  in  ease  of 

bf  such  parts  of  ^  J  ' 

bte, how  applied.  ^^^  g^le  of  the  Same,  or  any  part  thereof,  the  net  money  and 
proceeds  arising  aild  to  be  received  therefrom,  after  deduct- 
ing and  paying  the  charges  of  such  sale,  and  the  proceedings 
and  conveyance  consequent  thereon,  shall  be  credited  and 
allowed  by  the  said  mayor,  aldermen  and  commonalty,  to- 
wards and  as  part  payment  of  the  surplus,  if  any  surplus 
there  shall  be,  as  the  amount  of  the  sums  estimated,  and 
reported  to  be  paid  for  damages,  by  and  in  consequence  of 
the  making  the  said  operation  and  improvement  in  the  said 
report  mentioned,  over  and  above  the  amount  of  the 'sums  or 
assessments  assessed  and.  reported  to  be  paid  for  the  benefit 
and  advantage  thereof  to  those  who  may  be  deemeft  to  be 
benefited  thereby* 

jeohtracts  be-      17.  k  CLXXXI.  And  be  it  further  enacted,    That  in  all 

iWeen   I  and  lord  •'  -^ 

tind  tenant  to  eascs  wlicre  the  whole  of  any  lot  or  parcel  of  land,  or  othef 

tease  in  certain  *'  '■ 

tases.  premises  under  lease  or  other  contract,  shall  be  taken   foi* 

any  of  the  purposes  aforesaid,  by  virtue  of  this  act,  all  the 
covenants,  contracts  and  engagements  between  landlord  and 
tenant,  or  any  other  contracting  parties,  touching  the  same 
or  any  part  thereof,  shall,  upon  the  confirmation  of  such  re* 
port  in  the  premises  as  shall  be  confirmed  by  the  court  afore- 
said respectively,  cease  and  determine,  and  be  absolutely 


STREETS— OPENING  AND  LAYING  OUT.  785 

discharged  ;  and  in  all  cases  where  part  only  of  any  lot  or 
parcel  of  land,  or  other  premises  so  under  lease  or  other 
contract,  shall  be  so  taken  for  any  of  the  purposes  aforesaid, 
all  contracts  and  engagements  respecting  the  same,  shall, 
upon  the  confirmation  of  such  report  in  the  premises,  as  shall 
be  so  confirmed  as  aforesaid,  cease,  determine,  and  be  abso- 
lutely discharged,  as  to  the  part  thereof  so  taken,  but  shall 
remain  valid  and  obligatory  as  to  the  residue  thereof;  and  p^^^ms^to^be^a^p- 
the  rents,  considerations  and  payments  reserved  or  payable,  tain  other  cases. 
and  to  be  paid,  for  or  in  respect  to  the  sam,  shall  be  so  ap- 
portioned as  that  the  part  thereof  justly  and  equitably  pay- 
able, or  that  ought  to  be  paid,-  for  such  said  residue  thereof, 
and  no  more,  shall  be  demanded,  or  paid  or  recoverable,  for 
or  in  respect  of  the  same. 

18.  §  CLXXXII.  And  be  it  further  enacted,  That  the  said   comn)i.<sioner3 

.       .  r  •  \  •  1   ^"   deposit    copy 

commissioners  oi  estimate  and  assessment  to  be  appointed  of  assessment  ii» 

^  ^  clerk's    office    14 

under  and  by  virtue  of  this  act,   for  anv  of  the  purposes  d-iys  before  mak- 

''  ...  "  i""    report,    ana 

aforesaid,  after  complelinf?  their  said  estimate  and  assess-  give  nonce  tbere- 

^  '-'  of  in  two  news- 

ment,  and  at  leas^t  fourteen  days  before  they  make  their  re-  papers, 
port  to  the  said  court,  shall  deposit  a  true  copy  or  transcript 
of  such  estimate  and  assessment  in  the  clerk's  office  of  the 
city  of  New- York,  for  the  inspection  of  whomsoever  it  may 
concern,  and  shall  give  notice  by  advertisement,  to  be  publish- 
ed in  at  least  two  of  the  public  new^spapers  printed  in  the  city 
of  New- York,  of  the  said  deposit  thereof  in  the  said  office,, 
and  on  the  day  on  which  their  report  will  be  presented  to 
the  said  court;  and  any  person  or  persons  whose  rights  may  a^l'?;'!  ily.'^'!^^^^^^ 
be  affected  thereby,  and  who  shall  object  to  the  same  or  JEto.'"^  "^■'*'*^^* 
any  part  thereof,  may,  within  ten  days  after' the  first  publi- 
cation of  the  said  notice,  state  his,  her  or  their  objections  to 
the  same,  in  writing,  to  the  said  commissioners  ;  and  the  said 
commissioners,  or  such  of  them  as  shall  make  such  estimate 
and  assessment,  in  case  any  objections  shall  be  made  to  the 
same,  and  stated  in  writing  as  aforesaid,  shall  reconsider 
their  said  estimate  and  assessment,  or  the  part  or  parts  maT'correcT^JL 
thereof  so  objected  to,  and  in  case  the  same  shall  appear  to  ^*^^""^"^' 
them  to  requiiC  correction,  but  not  otherwise,  they  shall  and 
may  correct  the  same  accordingly. 

19.  §  CLXXXIII.  And  be  it  further  enacted,  That  the  said  Damajres  .iward- 

11  1  *   1  1      n  •   1  •        r  ed,   when    to   be 

mayor,  aldermen  and  commonalty,  shall,  within  lour  calen-  pai<i  by  corpora- 


736  STREETS — opening  and  laying  out. 

dar  months  after  the  confirmation  of  the  report  of  the  com- 
missioners in  the  premises  by  the  court/pay  to  the  respective 
persons  and  bodies  politic  or  corporate,  mentioned  or  refer- 
red to  in  the  said  report,  in  whose  favor  any  sum  or  sums  of 
money  shall  be  estimated  and  reported  by  the  said  commis- 
sioners, the  respective  sum  or  sums  so  estimated  and  report- 
of  pa^yme  "rt^plr-  ©d  in  their  favour  rerpectively  :  and  in  case  of  neglect  or  de- 
sue  for  same."^^^  fault  in  the  payment  of  the  same  within  the  time  aforesaid, 
the  respective  person  or  persons,  or  party  or  parties,  in 
w^hose  favour  the  same  shall  be  so  reported,  his,  her  or  their 
executors,  administrators  or  successors,  at  any  time  or  times, 
after  application  first  made  by  kim,  her  or  them,  to  the  said 
mayor,  aldermen  and  commonalty,  in  common  council  con- 
vened, for  payment  thereof,  may  sue  for  and  recover  the 
same,  with  lawful  interest,  from  and  after  the  said  applica- 
tion therefor,  and  the  costs  of  suit,  in  any  proper  form  of  ac- 
tion against  the  said  mayor,  aldermen  and  commonalty,  in 
any  court  having  cognizance  thereof,  and  in  w^hich  it  shall  be 
sufficient  to  declare  generally  for  so  much  money  due  to  the 
plaintiff  or  plaintiffs  therein  by  virtue  of  this  act,  for  pre- 
mises taken  for  the  purposes  herein  mentioned,  and  it  shall 
be  lawful  for  the  plaintiff  or  plaintiffs  to  give  any  special 
matter  in  evidence  under  such  general  declaration,  and 
this  act,  and  the  report  of  the  said  commissioners,  with  proof 
of  the  right  and  title  of  the  phihitiff  or  plaintiffs  to  the  sum 
or  sums  demanded,  shall  be  conclusive  evidence  in  such  suit 
or  action  :  Provided,  • 
If  parties  entitled  20.  §  CLXXXIV.  And  he  it  further  enacted,  That  whenever 
llmpos^'Tcntis'!'  ^hc  owucrs  aud  proprietors  of  any  such  lands,  tenements,  here- 
^?nToriuS\vn,  ditamcuts  and  premises,  so  to  be  taken  for  any  of  the  purposes 
^a'id'into'court!^^  aforcsaid,  or  the  party  or  parties,  person  or  persons,  inte- 
rested therein,  or  any  or  eitlicr  of  them,  the  said  owners, 
proprietors,  parties  or  persons,  in  whose  favour  any  such  sum 
or  sums  or  compensation  shall  be  so  reported,  shall  be  under 
the  age  of  twenty-one  years,  non  compos  mentis,  feme  covert, 
or  absent  from  the  city  of  New- York  :  and  also  in  all  cases 
where  the  name  or  names  of  the  owner  or  owners,  parties  or 
persons,  entitled  unto  or  interested  in  any  lands,  tenements, 
hereditaments  or  premises,  that  may  be  so  taken  for  any  of 
the  purposes  aforesaid,  shall  not  be  set  forth  or  mentioned  in 
the  said  report,  or  where  the  said  owners,  parties  or  persons, 
respectively  being  named  therein,  cannot  upon  diligent  en- 


STREETS— OPENING  AND  LAYING  OUT.  7i7 

quiry  be  found,  it  shall  be  lawful  for  the  said  mayor,  aider- 
men  and  commonalty,  to  pay  the  sum  or  sums  mentioned  in 
the  said  report,  payable,  or  that  would  be  coming  to  such 
owners,  proprietors,  parties  and  persons  respectively,  into 
the  said  supreme  court  of  judicature,  to  be  secured,  disposed 
of  and  improved,  as  the  said  court  shall  direct :  and  such 
payment  shall  be  as  valid  and  efiectual,  in  all  respects,  as  if 
made  to  the  said  owners,  proprietors,  parties  and  persons  . 
respectively  themselves,  according  to  their  just  rights,  if  they 
had  been  known,  and  had  all  been  present,  of  full  age,  disco- 
vert and  compos  mentis :  And  provided  also,  That  in  all  and  dueToneperson, 
each  and  every  case  and  cases,  where  any  such  sum  or  sums,  anotherfmly  bo 

,1  ,11.1  •  1  •       •  recovered  by  th« 

or  compensation,  so  to  be  reported  by  the  said  commissioners  former  from  the 
in  favor  of  any  person  or  persons,  or  party  or  parties  whatso- 
ever, whether  named  or  not  named  in  the  saidjeport,  shall  be 
paid  to  any  person  or  persons,  or  party  or  parties  whomso- 
ever, when  the  same  shall  of  right  belong,  and  ought  to  have 
been  paid  to  some  other  person  or  persons,  or  party  or  par- 
ties, it  shall  be  lawful  for  the  person  or  persons,  or  party  or 
parties,  to  whom  the  same  ought  to  have  been  paid,  to  sue 
for  and  recover  the  same,  with  lawful  interest  and  costs  of 
suit,  as  so  much  money  had  and  received  to  his,  her  or 
their  use,  by  the  person  or  persons,  party  or  parties  respec- 
tively, to  whom  the  same  shall  have  been  so  paid. 

^  21.  §  CLXXXV.  And  he  it  farther  enacted,  That  all  the  p^^U^.Iii'corJJl 

!  \  monies  which  the  said  mayor,  aldermen  and   commonalty,  purposes^^V^bi 

shall  pay,  disburse  and  expend,  or  become  liable  or  bound  to  pcrsS^enS. 
pay,  disburse  and  expend,  for  cessions  by  agreement,  and  in 
discharge  or  on  account  of  the  sums  or  estimates  of  compen- 
sation and  recompence  that  may  be  reported  by  the  commis- 
sioners in  favour  of  the  respective  persons  and  parties  deem- 
ed to  be  entitled  thereto,  and  the  charges  and  expenses  of  the 
estimate  and  assessment  and  report  that  may  be  made  in  the 
premises,  and  all  such  other  expenses,  disbursements  and 
charges  also,  as  may  arise  or  take  place  by  and  in  conse- 
quence of  the  provisions  of  this  act,  for  and  about  the  open- 
ing of  any  such  public  square  or  place,  street,  avenue,  or 
part  or  section  of  a  street  or  avenue,  so  to  be  opened,  or 
laying  out  and  ,forming,  or  extending,  enlarging  or  other- 
wise improving,  any  such  street  or  public  place  so  be 
laid  out  and  formed  or  extended,  enlarged  or  otherwise  im- 

93 


'^8  STREETS OPENINO  AND  LAYING  OUT* 

proved,  as  the  case  msy  be,  and  the  acquisition  of  the  lands, 
tenements,  hereditaments  and  premises  required  for  that  pur- 
pose, (except  such  sum  or  sums'as  may  be  assessed  upon  the 
said  mayor,  aldermen  and  commonalty,  according  to  the  pro- 
visions of  this  act  in  that  behalf)  shall  be  borne  and  reim- 
bursed and  paid  to  the  said  mayor,  aldermen  and  commonal- 
ty, by  the  parties  and  persons  interested  and  entitled  as 
owners  or  otherwise,  unto  and  in  the  lands,  tenements,  here- 
ditaments and  premises  deemed  to  be  benefited  thereby,  and 
the  same  or  the  excess  and  balance  thereof,  if  any  such  ex- 
cess and  balance  thereof  there  shall  be,  over  and  above  the 
amount  of  the  sums  or  assessments  that  may  be  assessed 
upon  the  parties  and  persons,  lands  and  tenements,  assessed 
by  the  commissioners  in  the  premises  for  the  benefit  of  such 
public  square  or  place,  street  or  avenue,  or  part  or  section  of 
a  street  or  streets  so  to  be  opened,  or  of  such  street  or  pub- 
lic place  so  to  be  laid  out  and  formed,  or  of  the  extension,  en- 
largement or  other  improvement  of  the  street  or  public  place 
so  to  be  extended,  enlarged  or  otherwise  improved,  as  the  case 
may  be,  together  with  the  charges  of  the  aftermentioned  assess- 
ment and  collection  thereof,  shall  and  maybe  estimated  and  as- 
sessed upon,  and  among  all  the  owners,  occupants  and  parties 
seized  or  possessed  of,  or  interested  in  all  the  lands,  tene- 
ments, hereditaments  and  premises  not  assessed  by  the  said 
commissioners  of  estimate  and  assessment,  nor  included  in 
their  said  report,  that  may  be  benefited  by  the  said  public 
square  or  place,  street  or  avenue,  or  part  or  section  of  a 
street  or  avenue,  so  to  be  opened,  or  the  said  public  square 
or  place  so  to  be  laid  out  and  formed,  or  the  extension,  en- 
largement or  other  improvement  of  the  public  street  or  place 
so  to  be  extended,  enlarged  or  otherwise  improved,  as  the 
case  may  be,  in  proportion,  as  nearly  as  may  be,  to  the  ad- 
vantage which  each  shall  be  deemed  to  acquire  thereby  ;  and 
the  said  mayor,  aldermen  and  commonalty,  shall  appoint  three 
e»^oL'"rppoi!ft:  disinterested  freeholders  to  make  such  estimate  and  assess- 
thVpu'rpos"  '"  ment,  who,  before  they  enter  upon  the  duties  of  their  ap- 
To  be  sworn,  pointmcut,  shall  severally  take  an  oath  before  the  mayor, 
recorder,  or  one  of  the  aldermen  of  the  said  city,  to  make  the 
said  estimate  and  assessment  fairly  and  impartially  accord- 
ing to  the  best  of  their  skill  and  judgment ;  and  the  said  free- 
holders, or  any  two  of  them,  after  having  made  such  estimate 
and  assessment,  shall  certify  the  same  and  make  a  return 


STREETS— OPENING  AND  LA\'mG  OUT.  739 

tiiereof  in  writing  to  the  said  mayor,  aldermen  and  common-  when^SSV 
alty,  in  common  council  convened,  and  the  same  when  rati-  be^oncuis^ve. 
fied  and  confirmed  by  the  said  common  council,  shall  be  bind- 
ing and  conclusive  upon  the  parties  and  persons  so  to  be 
assessed  respectively,  and  upon  allothcr  persons  whomsoever:  edTn^ommiSioJ- 
Provided  however,  That  no  part  of  such  said  monies  so  be  ^e^  ^§^7^7 
estimated  and  assessed  by  the  said  assessors,  shall  be  assessed  assessors. 
upon  an}^  party  or  person  whomsoever,  for  or  on  account  of 
any  lands,  tenements,  hereditaments  or  premises,  included  in 
the  aforesaid  report  of  the  commissioners  of  estimate  and 
assessment,  and  by  them  made  the  subject  of  their  said  esti- 
mate and  assessment ;  but  if  any  such  party  or  person  shall 
be  entitled  unto  or  interested  in  any  other  lands,  tenements, 
hereditaments  or  premises,  not  included  in  the  said  report, 
that  may  be  deemed  to  be  benefited  as  aforesaid,  such  party 
or  person  shall  be  assessed  therefor  in  proportion  to  the  ad- 
vantage deemed  to  be  acquired  in  respect  to  the  same. 

23.  §  CLXXXVI.  And  he  it  further  enacted,  That  as  well  ^cTlTsToners' 
the  respective  sums  so  to  be  assessed  by  the  said  assessors  J"  ^  He^^onV^ 
upon  the  owners,  occupants  and  parties  seized  or  possessed  of  "^*^*^^  ^^^^^****- 
or  interested  in  the  lands,  tenements,  hereditaments  and  pre- 
mises mentioned  in  the  said  certificate  and  return  of  them 
the  said  assessors,  as  also  the  respective  sums  or  assessments 
so  to  be  assessed  and  reported  by  the  said  commissioners  of 
estimate  and  assessment  as  and  for  the  allowance  to  be  made 
by  the  parties   and  persons   respectively  in  the  said  report 
mentioned  or  referred  to  and  intended  as  owners  and  pro- 
prietors of,  or  parties  interested  in,  lands  and  premises  deem- 
ed to  be  benefited  for  the  benefit  and  advantage  of  the  public 
square  or  place,  street,  avenue  or  part  or  section  of  a  street 
or  avenue,  or  of  the  extension,  enlargement  or  other  im- 
provement of  the   street  or  public  place  mentioned  in  the 
said  report,  shall  be  a  lien  or  charge  on  the  lands,  tenements, 
hereditaments  and  premises  in  the  said  certificate  and  re- 
turn of  the  said  assessors,  or  in  the  said  report  of  the  said 
commissioner^  mentioned,  or  upon  the  estate  and  interest  of 
the  respective  owners,  lessees,  and  parties  interested  in  such 
said  lands,  tenements,  hereditaments  and  premises  for  or  on 
account  of  which  the  said  respective  sums  shall  be  so  assess- 
ed by  the  said  commissioners  or  assessors,  as  the  case  may 
be,  upon  the  said  respective  owners  ?'ad  proprietors  thereof, 


740  STREETS— OPENLNG  AND  LAYING  OtJf. 

or  parties  interested  therein,  and  as  well  the  said  owners  and 
proprietors  thereof  and  parties  interested  therein,  and  also 
the  occupants  and  each  and  every  of  them  shall  moreover  be 
respectively  liable  to  pay  on  demand  the  respective  sum  or 
sums  or  assessments  mentioned  in  the  said  certificate,  and 
return  of  the  assessors,  or  in  the  said  report  of  the  commis- 
sioners, as  the  case  may  be,  at  which  the  respective  lands^ 
tenements,  hereditaments  and  premises  so  owned  or  occu- 
pied  by  him,  her  or  them,  or  wherein  he,  she  or  they  are  so 
interested,  or  at  which  the  owners  and  proprietors  thereof 
shall  be  so  assessed,  to  such  person  or  persons  as  the  said 
^  ^  mayor,  aldermen  and  commonalty  shall  appoint  to  receive 

In  default  of,  I'lrir  r     i 

payment  may  be  the  samc  ;  and  in  default  of  pavment  of  the  same  or  of  any 

levied  by  distress  i  r-  i      i     i 

and  sale.  part  thereof,  it  shall  be  lawful  for  the  said  mayor,  aldermen 

and  commonalty,  or  any  five  of  them,  of  whom  the  mayor  or 
recorder  shall  be  one,  by  warrant  under  their  hands  and  seals, 
to  levy  the  same  with  lawful  interest  thereon  from  and  after 
the  expiration  of  thirty  days  from  the  time  of  the  confirma- 
tion of  the  said  report  of  the  commissioners  by  the  court,  or 
of  the  said  return  of  the  assessors  by  the  common  council, 
as  the  case  may  be,  and  together  also  with  all  the  charges 
and  expenses  of  the  proceedings  to  be  had  for  the  collection 
thereof,  by  distress  and  sale  of  goods  and  chattels  of  such 
owner  or  owners,  occupant  or  occupants,  or  party  or  parties 
interested  so  refusing  or  neglecting  to  pay  the  same ;  ren- 
dering the  overplus,  (if  any  overplus  there  shall  be)  after  de- 
ducting all  just  charges,  to  such  owner  or  owners,  occupant 
or  occupants,  or  party  or  parties  interested,  or  the  said  re- 

or  recovered,  by  spcctive  sums  or  asscssmcnts  with  such  lawful  interest  as 

action  of  debt  or     ^  i         •  ,       n  i      i  i 

asBumpsit.  aioresaid,  may  be  recovered  with  all  costs  and  charges  by 
the  said  mayor,  aldermen  and  commonalty,  from  and  against 
the  parties  assessed,  or  the  owner  or  owners  of  the  respec- 
tive lands,  tenements,  hereditaments  and  premises  whereon 
or  in  respect  of  which  the  same  may  be  assessed,  or  set 
forth  in  the  said  report  of  the  commissioners,  or  return  of  the 
assessment,  as  the  case  may  be,  or  from  or  against  any  or 
either  of  the  said  parties  or  owners,  without  joining  any 
other  or  others  of  them  the  said  parties  or  owners  therein, 
by  action  or  debt  or  assumpsit,  in^which  it  shall  sufficient  to 
declare  generally,  for  so  much  money  due  by  virtue  of  this 
act  to  the  said  mayor,  aldermen  and  commonalty,  and  any 
matter  may  be  given  in  evidence  under  such  general  decla- 


STREETS—OPlilVL^G  AND  LAYING  OUT.  741 

ration :  Provided,  That  nothing  herein  contained  shall  affect  i^^'^ln^'^ndiord 
any  agreement  between  landlord  and  tenant,  or  any  other  allecteT*"^  "°^ 
contracting  parties  respecting  the  payment  of  any  such  as- 
sessment or  charges,  but  they  shall  be  answerable  to  each 
other  in  the  same  manner  as  if  the  provisions  in  this  act 
contained  concerning  the  same  had  never  been  made ;  and 
if  any  money  so  to  be  assessed,  to  be  paid  by  or- collected    „ 

♦^  1  ^  Persons  paying 

or  recovered  from  any  person  or  persons,  when  by  acrree-   assessment  Vor 

•^    ^  i  7         ,  ./       o  others  who  ought 

ment  or  by  law  the  same  ouojht  to  have  been  borne  and  paid  »o  p-'hs  may  re- 

j  a  1  cover  same  back. 

by  some  other  person  or  persons,  it  shall  be  lawful  for  the 
person  or  persons  paying  the  same,  or  from  whom  the  same, 
shall  be  recovered  by  distress,  suit  or  otherwise,  to  sue  for 
and  recover  the  money  so  paid  by  or  recovered  from  him  or 
them,  with  interest  and  costs,  as  so  much  money  paid  for 
the  use  of  the  person  or  persons  who  ought  to  have  paid  the 
same,  and  the  said  report  of  the  commissioners,  with  proof 
of  payment,  shall  be  conclusive  evidence  in  such  suit. 

26.  §  CLXXXYII.  And  be  it  further  enacted,  That  in  case  vacancy  in  office 

-,,,..  r        -i  r  1  f'f  commissioner 

of  the  death,  resignation  or  refusal  to  act  of  any  such  com-  how  to  be  fiucd. 
missioners  of  estimate  and  assessment,  to  be  appointed  under 
and  by  virtue  of  this  act  for  any  such  aforesaid  purpose,  it 
shall  and  may  be  lawful  for  the  court  aforesaid,  or  any  one 
of  the  justices  thereof,  on  the  application  of  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York,  as  often 
as  such  events  shall  happen,  to  appoint  a  discreet  and  disin- 
^terested  person,  being  a  citizen  of  the  United  States,  in  the 
place  and  stead  of  such  commissioner  so  dying,  resigning  or 
refusing  to  act,  and  that  the  surviving  or  acting  commis- 
sioners, as  the  case  may  be,  shall  have  full  power  to  proceed 
in  the  execution  of  the  duties  of  their  appointment,  until  a 
successor  of  the  commissioner  so  dying,  resigning  or  refus- 
ing to  act,  shall  be  appointed. 

27.  §  CLXXXVIII.  And  be  it  further  enacted,  That  in  all  Any  two  com- 
and  every  case  of  the  appointment  of  commissioners  by  the  ^^.\'"°""'  '"'"^ 
court  aforesaid,  for  any  of  the  purposes  aforesaid,  it   shall 

be  competent  and  lawful  for  any  two  of  such  said  commis- 
sioners so  to  be  appointed,  to  proceed  to  and  execute  and 
perform  the  trusts  and  duties  of  their  said  appointment,  and 
their  acts  shall  be  as  valid  and  effectual  as  the  acts  of  all  the 
commissioners  so  to  be  appointed  for  such  said  purpose  if 


742  STREETS— OPENING  and  laying  out, 

they  had  acted  therein  would  have  been  :  Andfurthery  That 
in  all  cases  the  acts,  decisions  and  proceedings  of  the  major 
part  of  such  of  the  commissioners  to  be  appointed  for  any 
of  the  purposes  aforesaid  as  shall  be  acting  in  the  premises, 
shall  always  be  as  binding,  valid  and  effectual  as  if  the  said 
commissioners  named  and  appointed  for  such  purpose,  had 
all  concurred  and  joined  therein. 

beTidTo^ co„v  28.  §  CLXXXIX.  And  he  it  further  enacted,  That  the 
nuBsioners.  commissioners  to  be  appointed  under  and  by  virtue  of  this 
act,  for  any  of  the  purposes  aforesaid,  who  shall  enter  upon 
the  duties  of  their  appointment,  shall  each  be  entitled  to  re- 
ceive the  sum  of  not  more  than  four  dollars,  besides  all  rea- 
sonable expenses  for  maps,  surveys  and  plans,  clerk  hire  and 
other  necessary  expenses  and  disbursements,  for  each  day 
they  shall  respectively  be  actually  employed  in  the  duties  of 
their  appointment,  the  same  to  be  paid  by  the  mayor,  alder- 
men and  commonalty  of  the  city  of  New- York,  and  included 
in  the  before  mentioned  assessment  upon  the  persons  and 
parties  deemed  to  be  benefited  by  the  operaion  and  improve- 
ment which  shall  have  occasioned  the  appointment  of  the 
said  commissioners. 

Debts  in-         29.  J  CXC.  And  he  it  further  enacted,  That  all  debts  and 

curred   by   com-  *  j  ^  ^ 

n)on  council  for  expenscs  incuiTcd  by  the  said  mayor,  aldermen  and  common- 

openinir  streets  ^  -'  J       ^ 

may  be  funded.  ^\\^y ^  foj-  or  ou  account  of  the  Opening  of  any  street,  avenue, 
square  or  public  place,  or  any  particular  part  or  section  of 
any  street  or  avenue  laid  out  by  the  said  commissioners  of 
streets  and  roads  in  the  city  of  New- York,  under  and  by 
virtue  of  the  act,  entitled  "an  act  relative  to  improvements, 
touching  the  laying  out  of  streets  and  roads  in  the  city  of 
New-York,  and  for  other  purposes,"  passed  April  3d,  1807, 
may  be  funded  at  such  interest,  in  like  manner  and  under  the 
same  limitations  and  restrictions,  as  is  authorized  by  the  act 
entitled  "  an  act  to  regulate  the  finances  of  the  city  of 
New-York,"  passed  June  8th,  1812. 

And  whereas,  the  commissioners  constituted  by  the  act, 
entitled  "an  act  relative  to  improvements,  touching  the 
laying  out  of  streets  and  roads  in  the  city  of  New- York, 
and  for  other  purposes,"  have  completed  the  business  assign- 
ed to  them  bv  the  said  act : 


STREETS— OPENING.  743 

30.  6  CXCI.  Be  it  further  enacted,  That  it  shall  and  may    Corporation  nu- 

■  ^  "  ^  •'    thorized   to    run 

be  lawful  for  such  persons  as  shall  be  appointed  for  that  pur-  put  streru  oyer 

^  ^  *  f-  lands  cf  iriviite 

pose  by  the  mayor,  aldermen  and  commonalty  of  the  city  of  persons  and  fix 

i  J  J       ^  J  J  monument?,  &c. 

New- York,  in  common  council  convened,  to  enter  upon  the 
lands  of  private  persons,  and  to  run  out  streets  and  to  fix 
the  boundaries  thereof,  and  to  erect  monuments,  designating 
such  streets  and  boundaries  according  to  the  maps  and  plan 
of  the  said  commissioners,  and  generally  the  said  persons 
shall  be  invested  with  power  to  do  all  such  matters  as  may- 
be necessary  to  carry  the  said  plan  into  execution :  Provided,  ' 
That  the  provisions  contained  in  the  17th  section  of  the  act, 
sntitled  "an  act  respecting  streets  in  the  city  of  New- York," 
shall  be  and  hereby  are  extended  and  applied  to  the  proceed- 
ings authorized  by  this  section. 

31.  6  CXCIL  Andhe  it  further  enacted^  That  all  the  estate.  Right  of  the  state 

'  ^     1        t"     streets     and 

ricrht,  title,  interest,  claim  and  demand  whatsoever  of  the  highways  in  n. 

°  '        .  ,  II   1         1  -1  York  Kiantcd   to 

people  of  this  state  of,  in  and  to  all  lands  at  any  time  here-  corporation. 
tofore  left  for  streets  or  highways  in  the  city  of  New- York, 
by  any  person  or  persons  whomsoever,  shall  be  and  hereby 
is  vested  in  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  and  their  successors,  for  the  use  of 
streets  and  highways. 


[Thirty-Ninth  Session. —  Vol  4,  a,   77.] 
CHAP.  LXXXI. 

AN  ACT  relative  to  the  Duties  and  Powers  of  Commissioners 
of  Estimate  and  Assessment  on  Opening  Streets  and 
Avenues. 

Passed  Apiil  5,  181G. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the  rrr«mw» 
city  of  New-York,  have  by  their  memorial  to  the  legislature, 
represented  that  so  much  of  the  existing  law  in  relation  to 
the  opening  and  improving  streets  in  the  said  city,  as  con- 
fines the  commissioners'  assessments  for  the  benefits  within 
certain  local  limits,  is  inconvenient  in  its  operation,  and  have 
prayed  that  the  said  law  may  be  amended  in  that  particular  ; 
And  ivhereas,  The  said  prayer  appears  proper  to  be  granted  : 
Therefore, 


744 


STREETS— OPENING. 


32.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That  whenever 
commissioners  of  estimate  and  assessment  may  hereafter  be 
appointed  by  the  supreme  court  of  judicature  of  this  state,  or 
by  any  one  of  the  justices  thereof,  for  the  purpose  of  opening 
any  street  or  avenue,  or  any  part  or  section  of  any  street  or 
avenue,  laid  out  by  the  commissioners  of  streets  and  roads 
in  the  [city  of  New- York,  under  and  by  virtue  of  the  act, 

♦  entitled  "  An  Act  relative  to  iniprovements  touching  the  lay- 

ing out  of  streets  and  roads  in  the  city  of  New- York,  and 
for  other  purposes,"  passed  April  3d,  1807,  or  for  the  purpose 
of  opening,  extending,  enlarging,  straightening,  altering,  or 
otherwise  improving  any  street,  or  part  of  a  street,  or  public 
place,  already  laid  out  or  hereafter  to  be  laid  out,  in  that 
part  of  the  said  city  not  laid  out  into  streets,  avenues,  squares 

Commissioners  and  public  placcs,  by  the  commissioners  aforesaid,  the  said 

of  estimate  not  .      .  /,       *     .  ,  i      11 

restricted,  but  to  commissioncrs   01    estimate  and   assessment   shall   not,  m 
jands  benefited,     making  their  estimate  and  assessment  of  the  value   of  the 

and  which  they     i/.  ii  r     \  •  ^  •  i  r»i 

may  include  in  bencht  and  advantage  oi  the  said  operation,  be  connned  to 
any  definite  limits,  but  shall  be  and  hereby  are  authorized  to 
extend  such  estimate  and  assessment  to  any  and  all  such 
lands,  tenements,  hereditaments  and  premises  as  they  may 
deem  to  be  benefited  by  the  said  operation,  and  which  they 
may  judge  expedient  to  include  in  their  report  in  the  premises: 
Pi'ovided,  That  in  all  and  every  case  of  opening  any  street 
or  avenue,  or  part  or  section  of  any  street  or  avenue,  laid 
out  by  the  aforesaid  commissioners  of  streets  and  roads,  the 
said  commissioners  of  estimate  and  assessment  shall  not  be 
at  liberty  to  extend  such  estimate  andassesment  of  the  value 
of  the  benefit  and  advantage  thereof  to  any  lands,  tenements, 
Assessments  hereditaments  or  premises,  lying  on  either  side  of  such 
street  or  avenue,  and  beyond  half  the  distance  of  the  next 
street  or  avenue  thereto. 


Powers  of  pres- 
ent and  future 
commissioners 
the  same. 


33.  §  II.  And  be  it  further  enacted,  That  the  authority 
herein  and  hereby  given  to  commissioners  of  estimate  and 
assessment  hereafter  to  be  appointed  as  aforesaid,  is  hereby 
vested*  in  all  the  commissioners  of  estimate  who  have  here- 
tofore been  appointed  by  the  said  supreme  court,  for  any  of 
the  purposes  aforesaid,  and  who  have  not  yet  made  their  re- 
port of  estimate  and  assessment  to  the  said  court  in  the  pre- 
And  further,  That  the  like  authority  is  vested  in  the 


mises 


STREETS— OPENING.  "745 

commissioners  of  estimate    and  assessment,  who  may  be  gjveTto  thL'^com' 
hereafter  appointed  for  the  purpose  of  performing  the  duties  o^JninT^Hudwn 
relative  to  the  opening  and  extending  of  Hudson  street  to  *"^^' 
the  ninth  avenue. 


[Thirty-Ninth  Session.^Vol  4,  a.   172.] 
CHAR  CLX. 

^iV  ACT  further  to  extend  the  Poxcers  and  Duties  of  Com- 
missioners of  Estimate  and  Assessment  on  opening  and  im- 
proving of  Streets  in  the  city  of  New-York. 

Passed  April  16,  1816. 

Whereas  the  mayor,  aldermen  and  commonalty  of  the  Preamble, 
city  of  New- York,  have  by  their  memorial  represented  to 
the  legislature  that  the  opening  and  improving  of  streets  in 
the  compactly  built  part  of  the  said  city,  will  not  unfrequently 
render  it  necessary  that  a  new  regulation  should  take  place 
in  the  elevation  or  depression  of  streets  already  regulated 
previo'us  to  such  improvement ;  that  by  such  new  regulation, 
the  buildings  erected  upon  such  streets  in  conformity  with 
the  previous  regulation  thereof,  may  be  esseniially  damaged  ; 
and  that  no  provision  is  made  by  the  existing  laws  to  aftbrd 
indemnity  to  the  owners  of  property  thus  injured,  for  the  loss 
and  damage  which  may  be  sustained  by  them  in  the  premi- 
ses, and  have  prayed  legislative  aid  for  the  purpose  of  such 
indemnity :  Therefore, 

34.  §  f.  Be  it  enacted  by  the  People  of  the  State  of  New-  oi-St*?i^?"' 
Yo7'kf  represented  in  Senate  and  Assembly ^  That  whenever  I'he  cmpoJatton.^ 
and  as  often  as  commissioners  of  estimate  and  assessment 
shall  hereafter  be  appointed  under,  and  by  virtue  of  the  act, 
entitled  "  An  Act  to  reduce  several  laws  relating  particularly 
to  the  city  of  New- York  into  one  act,"  passed  April  9th,  1813, 
to  perform  the  duties  prescribed  by  the.  said  act,  and  the  acts 
amending  the  same,  relative  to  the  opening,  extending,  en- 
larging, straightening,  altering,  or  otherwise  improving  any 
street  or  streets,  or  part  of  a  street,  or  public  place  or  places, 
in  any  part  of  the  said  city,  not  laid  out  into  streets,  avenues, 
squares  and  public  places,  by  the  commissioners  of  streets 
and  roads  in  the  said  city,  under  and  by  virtue  of  the  act, 
entitled  "  An  Act  relative  to  improvements  touching  the  lay- 

94 


746  STREETS— opExiNO. 

ing  out  of  streets  and  roads  in  the  city  of  New- York,  and  for 
other  purposes,"  passed  April  3d,  1807 ;  and  also  in  all  and 
every  case  and  cases  where  such  commissioners  of  estimate 
and  assessment  have  been  heretofore  appointed  under  the 
first  above  mentioned  act,  to  perform  the  said  duties,  and 
have  not  yet  made  their  report  of  estimate  and  assessment  to 
the  supreme  court  of  this  state,  it  shall  be  the  duty  of  the 
said  commissioners,  in  each  case  before  the  completion  of 
their  estimate  and  assessments  in  the  premises,  to  obtain 
from  the  corporation  of  the  city  of  New- York  a  profile  or 
plan,  showing  the  intended  regulation  of  such  street,  or  part 
of  a  street,  or  public  place,  as  to  the  elevation  or  depression 
thereof,  after  the  same  shall  be  opened,  extended,  enlarged, 
straightened,  altered,  or  otherwise  improved  as  the  case  may 
be ;  and  also  profiles  or  plans,  if  they  shall  deem  the  same 
useful,  shewing  the  intended  regulation  of  the  adjacent  street 
or  streets,  as  to  the  elevation  or  depression  thereof,  after 
such  improvement ;  and  if  the  said  commissioners  of  esti- 
mate and  assessment  shall  judge  that  such  intended  regula- 
tion will  injure  any  building  or  buildings  not  required  to  be 
taken  for  the  purpose  of  opening,  extending,  enlarging, 
straightening,  altering  or  improving  such  street,  or  part  of  a 
street,  or  public  place,  they  shall  proceed  to  make  (together 
with  the  other  estimates  and  assessments  required  by  the  first 
above  mentioned  act  to  be  made  by  them)  a  just  and  equita- 
ble estimate  and  assessment  of  the  loss  and  damage  which 
mKid'assess-  will  accruc,  by  and  in  consequence  of  such  intended  regula- 
ment  to  be  made.  ^^^^^  ^^  ^^^  respective  owncrs,  Icssccs,  and  parties  and  per- 
sons respectively  entitled  unto  or  interested  in  the  said  build- 
ing or  buildings  so  to  be  injured  by  the  said  intended  regula- 
tion ;  and  the  sums  or  estimates  of  compensation  and  recom- 
pense for  such  loss  and  damage,  shall  be  included  by  the  said 
commissioners  in  their  general  report  of  estimate  and  as- 
sessment, which  they  shall  make  in  relation  to  the  intended 
improvement  of  the  street  or  public  place  so  to  be  opened, 
extended,  enlarged,  straightened,  altered  or  improved :  and 
the  report  of  the  said  commissioners,  as  to  such  damage  and 
loss,  and  as  to  the  persons  or  parties  who  are  to  receive  the 
compensation  or  recompense  reported,  shall  be  made  in  the 
manner  directed  by  the  first  above  mentioned  act,  as  to  other 
damages  reported  by  the  said  commissioners. 


STREETS— OPENING,  "^47 

36.  §  II.  A7id  be  it  further  enacted,  That  the  sums  or  esti-  ro^damagf-f^i. 
mates  of  compensation  or  recompense  for  the  damages  afore-  ^^^  to  be  ma  e. 
said,   reported  by  the  said  commissioners,  shall  be  paid  by 
the  said  mayor,  aldermen  and  commonalty  of  the  city  of 
New- York,  at  the  time  and  in  the  manner  prescribed  by  the 
first  above  mentioned  act,  for  the  payment  of  the  damages  re- 
ported by  commissioners  of  estimate  and  assessment,  in  fa- 
vor of  the  persons  and  parties  whom  they  deem  entitled 
thereto  ;  and  the  said  sums  or  estimates  of  compensation 
and  recompense,  shall  be  borne  and  reimbursed  to  the  said 
mayor,  aldermen  and  commonalty,  by  the  persons  and  parties 
interested  and  entitled,  as  owners  or  otherwise,  unto  or  in  the 
lands,  tenements,  hereditaments  and  premises,  deemed  to  be 
benefited  by  the  opening,  extending,  enlarging,  straightening, 
altering  or  improving  the  street  or  public  place,  the  opening, 
extending,  enlarging,  straightening,  altering  or  improving  of 
which,  and  the  subsequent  regulation  of  the  same  or  of  the    ' 
adjacent  street,  shall  or  may  produce  such  damage  or  loss ; 
and  the  said  commissioners,  or  the  assessors  to  be  appointed 
by  the  said  mayor,  aldermen  and  commonalty,  under  and  by 
virtue  of  the  said  first  above  mentioned  act,  shall  assess  the 
said  sums  upon  and  among  the  said  persons  and  parties  inter- 
ested and  entitled,  as  owners  or  otherwise,  unto  or  in  the  said 
lands,  tenements,  hereditaments  and  premises  deemed  to  be 
benefited  by  the  opening,  extending,  enlarging,  straighten- 
ing, altering  or  improving  such  street  or  public  place,  in  the 
same  manner  as  though  the  said  sums  had  been  awarded  for 
damages  for  lands  or  premises,  required  for  the  purpose  of 
opening,  extending,  enlarging,  straightening,  altering  6r  im^ 
proving  the  said  street  or  public  place. 


[Forty-First  Session,  Vol.  4,  c.  p.  !96.] 

CHAP.  CCX. 

AN  ACT  relative  to  the  Opening  and  Enlarging  of  Streets 
in  the  Citij  of  New-York, 

Passed  April  20,  J 818. 

37.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New-  N^'^vKk" Uy 
York,  represented  in  Senate  and  Assembly,  That  the  mayor,  fec-^fSJaifmhS 
aldermen  and  commonalty  of  the  city  of  New-York,  may  ^"^' 


748  STREETS — public  square  reducbd* 

suspend  the  opening,  extending,  enlarging,  altering  and  im- 
proving of  any  street,  road,  avenue  or  public  place,  which 
may  be  ordered  to  be  opened,  ex^tended,  enlarged  or  altered 
in  the  said  city,  in  pursuance  of  the  provisions  of  the  act, 
entitled  "  an  act  to  reduce  several  laws  relating  particularly 
to  the  city  of  New- York  into  one  act,"  for  such  time  or 
times  as  they  shall  think  proper,  not  exceeding  fifteen 
months  in  the  whole,  after  the  confirmation  of  the  report  of 
qiar"edtoVaytiS  ^^^  commissioncrs  of  estimate  and  assessment:  And  further, 
umi'/.&r'''''^*^  "^^^^^  th^  said  mayor,  aldermen  and  commonalty  shall  not  be 
required  to  pay  any  sums  of  money,  which  may  be  awarded 
to  any  person,  on  account  of  the  opening,  extending,  enlarg- 
ing, altering  and  improving  of  any  such  street,  road,  avenue 
or  public  place,  until  the  expiration  of  four  months  after  the 
expiration  of  the  time  or  times  which  may  be  appointed  by 
them  as  aforesaid,  for  carrying  the  said  improvements  into 
effect. 

may"dSs[er       38-  §  H.  And  be  it  further  enacted.  That  it  shall  be  lawful 
certain  oaths.     ^^^  ^^  commissioncrs  of  estimate  and  assessment,  who  qre, 
or  who  may  be  hereafter  appointed  by  the  supreme  court,  in 
pursuance  of  the  provisions  of  the  act  last  aboi^e  mentioned, 
to  administer  oaths  in  all  cases,  in  any  manner  appertaining 
^  to  the  opening,  extending,  enlarging  or  altering  of  any  street 

or  public  place  in  the  said  city. 


[Thirty- Seventh  Session,  Vol.  3,  b.  p.  206.] 
CHAP.  CLXXV. 

[    Sect.  1.  Public  square,  called  the  parade,  reduced,  and  certain  streets  extended. 

2.  Rights  of  owners  to  certain  blocks. 

3.  Damages  of  opening  certain  streets  how  estimated. 

.  AN  ACT  to  amend  an  act,  entitled  "  an  act  relative  to  im- 
provements, touching  the  laying  out  of  Streets  and  Roads  in 
the  City  of  New-York,  and  for  other  purposes." 

Passed  April  15,  1814. 

Recital,  Whereas  the  mayor,  aldermen  and  commonalty  of  the 

city  of  New- York,  have,  by  their  memorial  represented  to 
the  legislature,  that  the  public  square,  or  place  laid  out  by 
the  commissioners  appointed  by  the  act  hereby  amended,  by 


STREETS— PUBLIC  SQUARE  REDtCEO*  74D 

the  name  of  the  parade,  is  much  larger  than  is  requisite,  and 
that  if  the  same  should  be  opened  conformably  to  the  map 
or  plan  made  and  published  by  the  said  commissioners,  the 
expenses  thereof  will  be  enormous,  and  infinitely  beyond  the 
advantages  which  can  possibly  arise  therefrom,  and  have 
accordingly  prayed  the  legislature  to  reduce  the  said  square: 
And  whereas,  The  prayer  of  the  said  memorial  appears  rea- 
sonable and  praper  to  be  granted  ;  Therefore, 

1.  §  I.  Be  it  enacted  hii  the  People  of  the  State  of  New -York,    PuWic  square 

'  .  ^  i         .'  J       ^  called  the   pa- 

represented  in  Senate  and  Assembly,  That  the  public  square  rade, reduced  and 

*'  *  '^  how,  and  certain 

or  place  designated  on  the  said  map  or  plan,  by  the  name  of  streets  extende<i. 
the  parade,  shall  be  reduced  and  altered  in  the  manner  fol- 
lowing, that  is  to  say :  The  fourth  avenue  and  the  sixth 
avenue  shall  be  extended  and  continued  northwardly  from 
twenty- third  street  through  the  land,  which,  by  the  said 
plan,  was  intended  to  form  a  part  of  the  said  parade,  so  as  > 

to  meet  and  unite  with  the  said  fourth  avenue  and  sixth 
avenue  respectively  at  thirty-fourth  street ;  the  street  de- 
signated on  the  said  map  or  plan  as  thirty-first  street,  shall 
be  extended  and  continued  eastwardly  from  the  seventh 
avenue  through  the  said  land,  which,  by  the  said  plan  was 
intended  to  form  part  of  the  said  parade,  so  as  to  meet  and 
unite  with  the  said  thirty-first  street  at  the  third  avenue  ; 
the  streets  designated  on  the  said  map  or  plan  as  thirty- 
second  street  and  thirty-third,  street,  shall  be  extended  and 
continued  eastwardly  from  the  seventh  avenue  through  the 
said  land,  w^hich,  by  the  said  plan,  was  intended  to  form 
part  of  the  said  parade,  so  as  to  meet  and  unite  with  the 
said  thirty-second  street  and  thirty-third  street  respectively, 
at  the  easterly  side  of  the  eastern  post  road;  the  streets 
designated  on  the  said  map  or  plan,  as  twenty-fourth 
street,  twenty-fifth  street,  twenty-sixth  street,  twenty-se- 
venth street,  twenty-eighth  street,  twenty-ninth  street  and 
thirtieth  street,  shall  be  extended  eastwardly  from  the  se- 
venth avenue,  through  the  said  land,  which,  by  the  said 
plan,  was  intended  to  form  part  of  the  said  parade,  and  shall 
be  respectively  continued  in  a  straight  line  to  the  said  sixth 
avenue  so  as  aforesaid  extended  and  continued ;  and  the 
said  streets  designated  on  the  said  map  or  plan,  as  twenty- 
fourth  street,  twenty-fifth  street,  twenty-sixth  street,  twenty- 
seventh  street,  twenty-eighth  street,  twenty-ninth  street 
and  thirtieth  street,  shall  be  extended  westwardly  from  the 


750  STREETS — PUBLIC  squaru  reduced. 

third  avenue,  through  the  said  land,  which,  by  the  said 
plan,  was  intended  to  form  part  of  the  said  parade,  and  shall 
be  respectively  continued  in  a  straight  line  to  the  fourth 
avenue  so  as  aforesaid  extended  and  continued  :  and  the  fifth 
avenue  shall  be  extended  southwardly,  from  thirty-fourth 
street,  through  the  land,  which,  by  the  said  plan,  was  in- 
tended to  form  part  of  the  said  parade,  and  shall  be  continued 
in  a  straight  line  to  the  said  thirty-first  street  so  as  aforesaid 
extended  and  continued;  and  instead  of  the  boundaries  to 
the  said  parade,  as  directed  and  prescribed  by  the  said  com- 
missioners, it  shall  be,  and  hereby  is,  bounded  northwardly 
by  thirty-first  street,  continued  as  aforesaid,  eastwardly  by 
the  fourth  avenue,  continued  as  aforesaid,  southwardly  by 
twenty-third  street,  being  the  present  south  boundary,  and 
westwardly  by  the  sixth  avenue,  continued  as  aforesaid. 

inc\udld  ?ir'Sr-  ^'  ^  ^^'  ^^^^  ^^  it  further  enacted,  That  the  several  and  re- 
Sev'L'^wrtaiu  spective  owners  and  proprietors  of  the  lands  and  tenements 
rights,  &c.  which  shall  be  included  in  the  blocks  or  plots  of  ground 

formed  and  to  be  formed  by  the  extension  of  the  several 
streets  and  avenues,  which,  by  this  act  are  directed  to  be 
extended  as  aforesaid,  shall  have,  hold,  occupy,  possess  and 
enjoy  the  same,  in  the  same  manner  as  they  would  have 
been  entitled  to  do  if  the  commissioners  had  not  included 
such  lands  and  tenements  in  the  said  parade,  but  had  laid  out 
the  said  square,  called  the  parade,  in  the  manner  in  which 
it  is  reduced  and  designated  by  this  act. 

Damages  on  3.  §  III.  And  bc  it  fiirtker  cuacted,  That  the  public  square, 
BtSJfhow'esti"  or  placc,  Called  the  parade,  and  the  streets  and  avenues  which 
™*  *  ■  are  in  and  by  this  act,  directed  to  be  extended  and  continued, 

shall  be  opened  and  the  damage  and  benefit  estimated,  as- 
sessed and  paid  in  the  same  manner  as  the  same  would 
have  been  done  if  the  said  square  or  place,  and  streets  and 
avenues  had  been  laid  out  by  the  said  commissioners,  in  the 
manner  in  which  the  said  square  is  reduced  and  designated 
by  this  act. 


STREETS— EXTENSION  OF.  751 


CHAP.  CCLXIV. 


1.  Corporation  authorized  to  extend  Mercer,  Green,  Wocster,  McDougal  and  Lcrris  streets. 

AN  ACT  authorizing  the  Extension  of  certain  Streets  in  the 
City  of  New-York. 

Passed  April  19,  1828'  p.  338. 

The  People  of  the  State  of  New-York,  rej)resented  in  Senate 
and  Assembly,  do  enact  as  follows : 

1.  §  1.  Mercer  street,  Greene  street,  Wooster  street,  and 
McDougal  street,  in  the  ninth  ward  of  the  city  of  New- York, 
and  Lewis  street,  in  the  eleventh  ward  of  the  said  city,  shall 
and  may  be  extended  by  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New- York,  upon  their  present  lines,  and 
of  their  present  respective  widths,  northerly  from  their 
present  termination,  to  Eighth-street,  any  thing  contained 
in  the  act,  entitled  "  An  act  relative  to  improvements 
touching  the  laying  out  of  streets  and  roads  in  the  city  of 
New- York,  and  for  other  purposes,"  passed  April ,  3d,  1807, 
to  the  contrary  notwithstanding ;  and  whenever  the  said 
mayor,  aldermen  and  commonalty  of  the  city  of  New- York, 
shall  deem  it  desirable  for  the  public  convenience  so  to  ex- 
tend the  said  streets,  or  any  of  them,  as  aforesaid,  they  may 
order  and  direct  the  same  to  be  done  in  like  manner,  and  the 
like  proceedings  shall  be  thereupon  had  in  relation  to  the  said 
extension  or  extensions,  as  if  the  said  extension  or  exten- 
sions were  in  a  part  of  the  said  city  not  laid  out  into  streets, 
avenues,  squares  and  public  places,  by  the  commissioners  of 
streets  and  roads  in  the  city  of  New- York,  under  and  by  vir- 
tue of  the  said  last  mentioned  act ;  and  all  the  provisions 
relative  to  the  extension  of  streets  in  that  part  of  the  said 
city  not  laid  out  as  aforesaid,  which  are  contained  in  the  act, 
entitled  "  An  act  to  reduce  several  laws  relating  particularly 
to  the  city  of  New- York,  into  one  act,"  passed  April  9th, 
1813,  and  the  several  acts  altering  and  amending  the  satne, 
shall  be  construed  to  apply  to  the  said  extension  of  all  and 
every  of  the  before  mentioned  streets. 


752  STREETS— REGULATioNOF. 


CHAP.  CCXXXIX. 

Srct.  1.  Act  of  April  10th,  1823,  repealed. 

2.  Limits  prescribed  for  vessels. 

3.  Cisterns  in. 

AN  ACT  relative  to  the  act^  entitled  "  An  act  to  provide  for  the 
permanent  regulation  of  certain  Streets  in  the  City  of  New- 
York"  passed  April  1 0th,  1823. 

Passed  April  14,  1827,  p.  24?. 

Act  of  1823  r^'      l>  ^  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York^ 
pealed.  represented  iu  Senate  and  Assembly,  That  the  act  entitled  "  An 

act  to  provide  for  the  permanent  regulation  of  certain  streets 
in  the  city  of  New- York,"  passed  April  10th,  1823,  be  and  the 
same  is  hereby  repealed  ;  and  that  the  commissioners  therein 
mentioned  to  be  appointed,  be  and  they  hereby  are  discharg- 
ed from  the  trust  and  duties  imposed  on  them  by  the  said  act, 
and  that  all  or  any  proceedings  which  may  have  been  com- 
menced, carried  on  or  completed,  for  pitching  or  pitching  and 
paving  any  street  or  avenue  in  the  city  of  New- York,  south 
of  Fourteenth  street,  and  westward  of  the  Bowery,  and  with- 
in the  purview  of  the  act  hereby  repealed,  under  and  by  vir- 
tue of  the  one  hundred  and  seventy-fifth  section  of  the  act 
entitled  "  An  act  to  reduce  several  laws  relating  particularly 
to  the  city  of  New- York  into,  one  act,"  passed  April  9th, 
1813,  or  under  any  other  section  thereof,  or  any  other  act 
than  that  above  mentioned,  in  addition  to  or  amending  the  said 
act  of  the  9th  April,  1813,  shall  be  valid  and  effectual  to  all  in- 
tents and  purposes,  in  like  manner  as  if  the  act  hereby  re- 
pealed had  never  been  in  effect. 

Limits  prescribed  2.  §  2.  And  be  it  further  enacted,  That  the  limits  on  the  East 
^or^certain  ves-  j^'^gj.  jj^  relation  to  vcsscls  coming  to  the  city  of  New- York, 
as  prescribed  in  the  third  section  of  the  act  to  provide  against 
infectious  and  pestilential  diseases,  passed  March  21st,  1823, 
be  and  the  same  are  hereby  extended  southwardly  to  a  point 
where  Eighth-street  meets  said  river. 


STREETS.  753 

[Foftieth  Session— 'Vol.  4.  b.  p.   18.] 
CHAP.  XXV. 

Sect.  I.  Common  council  authorized  to  make  ciaterna. 

AN  ACT  relative  to  Cisterns  in  the  Streets  of  the  City  of 

New-York. 

Passed  January  31,1817. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That  whenever  in 
the  opinion  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  in  common  council  convened,  it  shall  be 
expedient  to  make  a  public  cistern  in  any  of  the  public  streetsi 
roads,  or  places  in  the  said  city,  it  shall  be  lawful  for  the 
said  common  council  to  order  the  same  to  be  done  accordingly 
in  such  manner  and  at  such  places  as  they  shall  think  most 
advisable,  and  the  expense  thereof  shall  be  estimated  and  as- 
sessed among  all  the  owners  or  occupants  of  the  houses  and 
lots  of  ground  intended  to  be  benefited  thereby,  in  the  man- 
ner directed  in  and  by  the  one  hundred  and  seventy-fifth  sec- 
tion of  the  act,  entitled  "  An  act  to  reduce  several  laws  rela- 
ting particularly  to  the  city  of  New- York  into  one  act,"  passed 
April  9th,  1813,  and  shall  be  binding  and  conclusive,  in  the 
manner  therein  prescribed,  and  shall  be  collected  in  the  man- 
ner therein  directed,  or  in  the  manner  directed  in  the  two 
hundred  and  fifty-ninth  section  of  the  said  act. 


[Fiftieth  Session— Vol  7,  c.  p.  295.] 
CHAP.  CCLXVin. 

Sect.  1.  The  mayor  and  commonalty  may  extend  La  Fayette  Place 

AN  ACT  authorizing  the  extension  of  La  Fayette  Place. 

Passed  April  14,  1827. 

§  I.  Be  it  enacted  by  the  People  of  the  State  of  New-York,  ^Power  to  extend 
represented  in  Seriate  and  Assembly,    That   the  street  or 
place  called  La  Fayette  Place,  in  the  ninth  ward  of  the  city 
of   New- York,  extending   from   Jones-street   northerly   to 
Art-street,  and  being   of  the  width   of   one  hundred  feet 

95 


La  Fayette Placf. 


754  STREETS. 

throughout,  shall  and  may  be  extended  by  the  mayor,  alder- 
men and  commonalty  of  the  citj^  of  New-York,  whenever 
they  shall  deem  it  desirable  for  the  public  convenience  so  to 
do,  upon  its  present  lines  and  of  its  present  width,  northerly 
from  Art-street  through  the  plot  of  ground  made  by  the  in- 
tersection of  Broadway,  Art-street  and  Eighth-street,  to  the 
southwesterly  side  of  Eighth-street,  any  thing  contained  in 
the  act  entitled  "  an  act  relative  to  improvements,  touching 
the  laying  out  of  streets  and  roads  in  the  city  of  New- York, 
and  for  other  purposes,"  passed  April  3d,  1807,  to  the  con- 
trary notwithstanding  ;  and  that  whenever  the  said  mayor, 
or  aldermen  and  commonalty  of  the  city  of  New-York,  shall 
deem  it  desirable  for  the  •  public  convenience  so  to  extend 
La  Fayette  Place  as  aforesaid,  they  may  order  and  direct 
the  same  to  be  done  in  like  manner,  and  that  the  like  pro- 
ceedings shall  be  thereupon  had,  in  relation  to  the  said  exten- 
sion of  La  Fayette  Place,  as  if  the  said  extension  of  La 
Fayette  Place  was  in  a  part  of  the  said  city  not  laid  out  into 
streets,  avenues,  squares  and  public  places,  by  the  commis- 
sioners of  streets  and  roads  in  the  city  of  New- York,  under 
and  by  virtue  of  the  said  mentioned  act ;  and  that  all  the 
provisions  relative  to  the  extension  of  streets  in  that  part  of 
the  said  city  not  laid  out  as  aforesaid,  which  are  contained 
in  the  act  entitled,  "  an  act  to  reduce  several  laws  relating 
particularly  to  the  city  of  New- York  into  one  act,"  passed 
April  9th,  1813,  and  the  several  acts  altering  and  amending 
the  same,  shall  be  construed  to  apply  to  the  said  extension 
of  La  Fayette  Place. 


CHAP.  CLII. 

1.  Powers  of  the  commissioners  of  estimate  and  assessment  extended. 

2.  Certain  expenses  to  be  paid  by  corporation. 

3.  Commissioners  how  to  proceed. 

4.  Sections  of  a  former  act  applicable  to  opening  public  squares,  defined  and  explained. 

AN  ACT  relative  to  Public  Squares  and  Places  in  the  City 
of  NeW'Yorh 

Passed  April  11,1815. 

mambie;         Whereas  the  mayor,  aldermen  and  commonalty  of  tjie 
city  of  New- York  have,  by  their  memorial  to  the  legislature, 


STREETS.  755 

prayed,  for  the  reasons  therein  contained,  that  the  act  to  re- 
duce several  laws  relating  particularly  to  the  city  of  New- 
York  into  one  act,  passed  April  9th,  1813,  may  be  amended 
in  the  manner  hereinafter  specified.  And  whereas  such 
prayer  appears  proper  to  be  granted:  Therefore, 

1.  §  I.  Be  it  enacted  hy  the  People  of  the  State  of  New-York,    Powers  of  the 

77mi  1  commissionera  of 

represented  in  taenate  and  Assembly.   Ihat  whenever  and  as  estimate  and  a«- 

r  .      .  1  r-         1  -111       sessment  extend- 

oiten  as  commissioners  may  hereaiter  be  appointed  by  the  ed. 
supreme  court  of  judicature  of  this  state,  or  by  one  of  the 
justices  thereof,  under  and  by  virtue  of  the  one  hundred  and 
seventy-eighth  section,  or  one  hundred  and  eighty-seventh 
section  of  the  act  hereby  amended,  for  the  purpose  of  open- 
ing any  or  either  of  the  public  squares  or  places  (other  than 
and  except  the  streets  and  avenues)  laid  out  by  the  commis- 
sioners of  streets  and  roads  in  the  city  of  New- York,  under 
and  by  virtue  of  the  act  entitled  "  an  act  relative  to  improve- 
ments, touching  the  laying  out  of  streets  and  roads  in  the 
city  of  New- York,  and  for  other  purposes,"  passed  April  3d, 
1807,  or  any  or  either  of  the  said  public  squares  or  places, 
as  altered  by  the  legislature,  the  said  commissioners  of  es- 
timate and  assessment  shall  not,  in  making  their  estimate 
and  assessment  of  the  value  of  the  benefit  and  advantage 
of  such  public  square  or  place,  be  confined  to  the  lands, 
tenements,  hereditaments  and  premises  fronting  thereon  and 
lying  within  half  the  distance  of  the  next  street  or  avenue 
thereto  from  the  same  on  each  side  thereof,  but  on  the  con- 
trary thereof,  after  having  made  their  estimate  and  assessment 
of  the  loss  and  damage  over  and  above  the  benefit  and  ad- 
vantage, and  of  the  benefit  and  advantage  over  and  above  the 
loss  and  damage,  and  of  the  equality  of  the  benefit  and  ad- 
vantage to  the  loss  and  damage,  as  the  case  may  be,  to  the 
respective  owners,  lessees,  parties  and  persons  respectively 
entitled  unto  or  interested  in  the  lands,  tenements,  heredita- 
ments and  premises  so  required  for  the  purpose  by  and  in 
consequence  of  opening  such  public  square  or  place,  the 
said  commissioners  shall  proceed  to  make  a  just  and  equita- 
ble estimate  and  assessment  of  the  value  of  the  benefit  and 
advantage  of  such  public  square  or  place  so  to  be  opened  by 
the  respective  owners,  lessees,  parties  and  persons  respec- 
tively entitled  unto  or  interested  in  the  lands,  tenements,  here- 
ditaments and  premises  lying  out  of  the  limits  of  such  public 
square  or  place,  and  which  the  said  commissioners  may  deem  , 


756  STREETS. 

to  be  benefited  by  such  public  square  or  place,  in  respect  to 
the  respective  estates  and  interest  of  such  owners,  lessees, 
parties  and  persons  respectively  so  entitled  to  or  interested  in 
such  said  lands,  tenements,  hereditaments  and  premises  so 
deemed  benefited  thereby :  And  the  said  commissioners 
shall  and  may  extend  their  said  assessments  to  any  such  lands, 
tenements,  hereditaments  and  premises  as  they  may  deem  to 
be  benefited  by  the  opening  of  the  said  public  square  or  place, 
notwithstanding  such  said  lands,  tenements,  hereditaments 
and  premises  may  be  situated  without  and  beyond  half  the 
distance  of  the  next  street  or  avenue  thereto  from  such  said 
public  square  or  place,  or  any  side  thereof. 

Certain  expenses      2.  §  II.  And  be  it  further  enacted.  That  no  such  assessment 

to  be  paid  by  the  ^ 

corporation.  as  is  directed  in  and  by  the  one  hundred  and  eighty-fifth 
section  of  the  act  hereby  amended,  shall  be  made  after  the 
confirmation  of  the  report  of  the  commissioners,  in  cases  of 
the  opening  of  such  public  square  or  places  as  aforesaid, 
but  all  the  excess  and  balance  of  the  sums  or  estimates  of 
compensation  and  recompense  that  may  be  reported  by  the 
said  commissioners  in  favor  of  the  respective  persons  and 
parties  entitled  thereto,  and  of  the  expenses  and  charges  of 
the  estimate  and  assessment  and  report  that  may  be  made  in 
the  premises,  and  all  other  expenses,  disbursements  and 
charges  in  the  premises  over  and  above  the  amount  of  the 
sums  or  assessments  which  may  be  assessed  by  the  said  com- 
missioners upon  the  persons  and  parties,  lands  and  tene- 
ments, for  the  benefit  of  such  public  square  or  place,  shall 
be  borne  and  paid  by  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New- York,  without  any  such  assessment  and 
collection  as  is  directed  in  and  by  the  said  one  hundred  and 
eighty-fifth  section  of  the  said  act. 

u_  .  .  3.  §  III.  And  be  it  further  enacted.  That  the  said  commis- 

Commissioners  ^  •' 

how  to  proceed!  sioucrs  shall  in  all  things,  cxcept  as  above  mentioned,  pro- 
ceed in  the  execution  of  the  duties  of  their  appointment  in 
manner  direcfted  in  and  by  the  act  hereby  amended  ;  and  the 
report  to  be  made  by  them  shall,  except  as  aforesaid,  be  made 
in  the  manner  specified  by  the  said  act,  and  the  like  proceed- 
ings shall  be  had  as  to  the  deposit  of  the  said  report  in  the 
clerk's  office  of  the  city  of  New- York,  and  notice  thereof, 
and  the  confirmation  of  such  report  by  the  court,  or  the  re- 


STREETS.  T57 

ference  back  to  the  same  commissioners,  or  to  new  commis- 
sioners, as  are  prescribed  in  and  by  the  said  act. 

4.  §  IV.  And  he  it  further  enacted^  That  all  and  singular  mer  act"  apJiiJ^Il 
the  provision  of  the  act  hereby  amended,  as  to  the  conclusive  pu*biic°  squ\"res^ 
effect  of  the  report,  the  rights  accruing  to  and  liabilities  im-  explained  ^ 
posed  upon  the  corporation  of  New- York  thereupon,  and  all 
and  every  the  other  provisions  contained  in  the  one  hundred 
and  seventy-seventh,  one  hundred  and  seventy-eighth,  one 
hundred  and  seventy-ninth,  one  hundred  and  eightieth,  one 
hundred  and  eighty-first,  one  hundred  and  eighty-second,''one 
hundred  and  eighty-third,  one  hundred  and  eighty-foui^th,  one 
hundred  and  eighty-sixth,  one  hundred  and  eighty-seventh, 
one  hundred  and  eighty-eighth,  one  hundred  and  eighty-ninth, 
and  one  hundred  and  ninetieth  sections  of  the  said  act  shall 
be,  and  they  are  hereby  declared  to  be  applicable  to  the 
opening  of  any  public  square  or  place  in  the  city  of  New- 
York,  excepting  only  that  the  commissioners  appointed  for 
that  purpose  shall  not  be  confined  in  their  estimate  and  as- 
sessment of  benefits  to  any  limit  or  limits  whatsoever,  and 
excepting  also  the  damages  awarded  by  the  said  commis- 
sioners, and  the  expenses,  disbursements  and  charges  in  the 
premises  shall  be  borne  and  paid  by  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New-York,  out  of  the  amounts  or 
sums  that  may  be  assessed  by  the  said  commissioners  upon 
the  parties  and  persons,  lands  and  tenements  deemed  by  them 
benefited  by  the  opening  of  such  public  square  or  place,  so 
far  as  such  amounts  or  sums  assessed  may  extend,  and  the 
surplus  of  such  damage,  expenses,  disbursements  and  charges 
shall  be  defrayed  out  of  the  city  treasury. 


Revised  Statutes^  Vol.  1,  p.  75. 
SUNDAY— Observance  of. 

ARTICLE  EIGHTH. 

OF    THE    OBSERVANCE    OF    SUNDAY. 

Sect.  69.  Service  of  cerlain  process,  &:c.  on  Sunday  probihited  and  void,  &•. 

70.  Certain  sports  and  acts,  on  Sunday,  prohibited;  penalty. 

71.  Goods  not  to  be  sold  on  Sunday  ;  to  be  forfeited  ;  proceedingg. 

72.  Tavern-keepers,  grocers.  &c.  not  to  sell  liquor  on  Sunday. 

§  69.  No  v^rit,  process,  warrant,  order,  judgment,  decree,    cmain 


procMi 


or  other  proceeding  of  any  court  or  officer  of  justice,  shall  In  su°ndayi"^* 


758  SUNDAY— OBSERVANCE  OF. 

be  served  or  executed  upon  the  first  day  of  the  week,  called 
Sunday,  except  in  cases  of  breach  of  the  peace,  or  appre- 
hended breach  of  the  peace,  or  f^r  the  apprehension  of  per- 
sons charged  with  crimes  and  misdemeanors,  or  the  violation 
of  any  of  the  provisions  of  this  and  the  preceding  Article, 
and  except  where  such  service  shall  be  specially  authorized 
Service  void,  &c.  by  law.  The  service  of  any  such  process,  or  proceeding, 
in  all  other  cases,  shall  be  utterly  void,  and  shall  subject  the 
party  offending  to  damages,  at  the  suit  of  any  person  ag- 
grieved. (93) 

Certain  sports  on  §  *70.  There  shall  be  no  shooting,  hunting,  fishing,  sport- 
i1ngjaboring';&^  iHg,  playing,  horsc-racing,  gaming,  frequenting  of  tippling- 
prohibued.  houscs,  or  any  unlawful  exercises  or  pastimes,  on  the  first 
day  of  the  week,  called  Sunday  ;  nor  shall  any  person  travel 
on  that  day,  unless  in  cases  of  charity  or  necessity,  or  in  go- 
ing to  or  returning  from  some  church  or  place  of  worship 
within  the  distance  of  twenty  miles,  or  in  going  for  medical 
aid  or  for  medicines,  and  returning,  or  in  visiting  the  sick  and 
returning,  or  in  carrying  the  mail  of  the  United  States,  or  in 
going  express  by  order  of  some  public  officer,  or  in  remov- 
ing his  family  or  household  furniture  when  such  removal  was 
commenced  on  some  other 'day ;  nor  shall  there  be  any  ser- 
Exceptions.  yilc  laboring  or  Working  on  that  day  excepting  works  of  neces- 
sity and  charity,  unless  done  by  some  person  who  uniformly 
keeps^  the  last  day  of  the  week,  called  Saturday,  as  holy 
time,  and  does  not  labor  or  work  on  that  day,  and  whose  la- 
bor shall  not  disturb  other  persons  in  their  observance  of  the 
first  day  of  tl  e  week  as  holy  time.  Every  person  being  of 
the  age  of  fourteen  years,  offending  against  the  provisions  of 
this  section,  shall  forfeit  one  dollar  for  each  offence. 

Goods  not  to  be      §  71.  No  pcrsou  shall  expose  to  sale  any  wares,  merchan- 

Boid  on  Sunday;  ^.^^^  ^_^^  hcrbs,  goods  or  chattels,  on  Sunday,  except  meats, 

milk  and  fish,  which  may  be  sold  at  any  time  before  nine  of  the 

clock  in  the  morning;  and  the  articles  so  exposed-for  sale  shall 

maybesdzed     ijc  forfeited  to  the  use  of  the  poor,  and  may  be  seized  by  vir- 

aud forfeited  „  ,  i  •    i  •      ^-  r  .i 

tue  of  a  warrant  for  that  purpose,  which  any  justice  ot  the 
peace  of  the  county,  or  mayor,  recorder  or  alderman  of  the 
city,  is  hereby  authorized  to  issue,  upon  a  conviction  of  the 
offender.     When  seized,  they  shall  be  sold  on  one  day's  no- 

(93)  2  R.  L.  195,  ^  5 ;  193,  ^  2  &  3. 


SUPREME  COURT   COMMTSSIONER.  759 

tice  being  given,  and  tlie  proceeds  shall  be  paid  to  the  over- 
seers of  the  poor  of  the  town  or  city. 

§  72.  No  keeper  of  an  inn  or  tavern,  or  of  anv  ale-house,  Liquor  not  to  be 

^  1^  .  ^^'^  ^'^  Sunday. 

or  porter-house,  or  grocery,  nor  any  other  person  authorized 
to  retail  strong  or  spirituous  hquors,  shall  on  Sunday,  sell  or 
dispose  of  any  ale,  porter,  strong  or  spirituous  liquors,  ex- 
cepting to  lodgers  in  such  inns  or  taverns,  or  to  persons  ac-  Exception, 
tually  travelling  on  that  day  in  the  cases  allowed  by  law. 
Every  person  offending  against  this  provision,  and  being 
thereof  duly  convicted,  shall  forfeit  the  sum  of  two  dollars 
and  fifty  cents. 


SUPERVISORS. 

Revised  Statutes,   Vol.  1,  p.  368. 

Sect.  1.  Mayor,  recorder  and  aldermen  to  be  supervisors.  ^ 

1.  §  17.  The  mayor,  recorder  and  aldermen  of  the  city  of  New-York. 
New- York,  shall  be  the  supervisors  of  the  city  and  county  of 
New- York ;  and  all  the  provisions  of  this  article  shall  be 
construed  to  extend  to  them  respectively,  except  where  spe- 
cial provisions  inconsistent  therewith,  are  or  shall  be  made 
by  law,  in  relation  to  the  city  and  county  of  New- York.  (13) 


Supreme  Court  Commissioner. 

CHAP.  CXXVIII. 

AN  ACT  relating  to  the  Supreme  and  Circuit  Courts. 

Passed  April  13,  1832,  p.  188. 

§  3.  No  person  acting  as  supreme  court  commissioner  in 
the  city  of  New- York,  shall  be  authorized  to  make  any  order 
or  do  any  act  relative  to  suits  pending  in  the  supreme  courts 
but  in  the  absence  from  the  city  of  New- York,  or  sickness 
of  the  circuit  judge  of  the  first  circuit,  such  duties  may  be 
performed  by  the  first  judge  of  the  common  pleas,  or  re- 
corder of  the  city. 

(13)  2  Revised  Laws,  399,  $  150;  Laws  of  1823,  p.  398,  $  20, 


760 


SURROGATES.— SWINE. 


Revised  Statutes,  Vol.  l.p.  382. 
ARTICLE  SIXTH. 


Bond; 


Penalty. 


Sufficiency  of 
sureties. 


OF    SURROGATES. 

Sect.  87.  Surrogates  to  give  bond ;  penalty  thereof. 

88.  Clerk  of  county  to  judge  of  sufficiency  of  sureties,  ^ 

§  87.  Every  person,  hereafter  appointed  to  the  office  of 
surrogate  of  any  county,  shall,  within  twenty  days  after  re- 
ceiving notice  of  such  appointment,  execute  to  the  people  of 
this  state,  with  two  or  more  sureties,  being  freeholders,  a 
joint  and  several  bond,  conditioned  for  the  faithful  perform- 
ance of  his  duty,  and  for  the  application  and  payment  of  all 
monies  and  effects  that  may  come  into  the  hands  of  such  sur- 
rogate in  the  execution  of  his  office.  The  bond  of  the  sur- 
rogate of  the  city  and  county  of  New- York,  shall  be  in  the 
penal  sum  of  ten  thousand  dollars  ;  of  every  other  surrogate 
in  the  sum  of  five  thousand  dollars.  (45) 

§  88.  The  clerk  of  the  county  for  which  such  surrogate 
shall  have  been  appointed,  shall  be  the  judge  of  the  suffi- 
ciency of  the  sureties  ;  and  in  case  he  shall  be  satisfied  by 
the  oath  of  the  sureties,  or  otherwise,  that  they  are  good 
and  sufficient,  he  shall  endorse  on  the  bond,  a  certificate  of 
his  approval,  and  file  such  bond  in  his  office,  there  to  re- 
main a  matter  of  record.  (45) 


SWINE- 

[Forty-Fourth  Session. — Vol  5,  c.p.  63.] 
CHAP.  LXXI. 

Sect.  1.  Powers  of  corporation  in  regard  to  swine. 

AN  ACT  concerning  Swine  in  the  City  of  New-York. 

Passed  February  27,  1821. 

§  1.  Be  it  enacted  by  the  People  of  the  State  of  New-York 
corporation     in  represented  in  Senate  and  Assembly,  That  it  shall  be  lawfu' 

regard  to  swine. 

(45)  Laws  of  1820,  p.  65,  $  2,  6. 


TAXES— COLLECTION  OF,  '5^61 

for  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York  in  common  council  convened,  or  the  major  part  of  them, 
to  make  and  establish,  from  time  to  time,  such  laws  and  or- 
dinances as  they  may  deem  necessary  for  the  purpose  of 
preventing  swine  from  running  at  large  in  any  of  the  streets, 
alleys,  lanes  and  public  places  in  the  said  city,  and  for  im- 
pounding or  forfeiting  all  swine  which  shall  be  found  so  run- 
ning at  large  in  said  city,  for  such  uses  and  purposes  as  the 
said  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York  in  common  council  convened,  may  direct. 


TAXES—Collectioii  of. 


5ect.  1.  Sales  for  taxp?  may  be  postponed  fifteen  niunthb. 

2.  Notice  of  postponement. 

3.  Sales  how  and  by  wlioni  made. 

4.  Payments. 

5.  Act  wJien  to  take  ctfect. 
0.  Board  of  assessors. 

7.  May  adjourn,  &c. 

8.  May  make  rules,  &c. 

9.  Assessment  rolls  to  be  compared. 

10.  Alterations  made  by  vote. 

11.  Fair  copies  to  be  made. 

12.  Book  of  minntcs. 

13.  Supervisors  to  examine  roils. 

14.  Pay  of  assessors. 

15.  Tavern  keepers  to  give  names  of  boarders. 
IG.  Penalty. 

17.  Duty  of  assessors. 

13.  Supervisors  of  New-York,  tlieir  powers  and  duty. 

19.  Exemption  from  taxation. 

20.  Manner  of  collecting  tax. 

21.  Provision  as  to  other  acts. 

22.  A  certain  sectiim  extended  and  assessments  declared  a  lien. 
2}.  Regulations  as  to  raising  and  filling  up  lots. 

21.  Provision  where  lands  taxed  are  held  by  more  than  one  owner. 

25.  Redemption  of  lands  sold. 

2G.  Interest  when  cliargeable  on  tax. 

27.  When  14  per  cent,  to  be  added  on  delinquents  paying. 

28.  Taxes  how  to  be  levied. 

*  29.  Proceedings  where  taxes  remains  unpaid. 

^  30.  Lands  may  be  sold  for  a  term  of  years. 

31.  Sale  may  be  when  warrant  of  distress  issued. 

32.  This  act  not  to  prevent  sale  of  goods. 

33.  Former  provisions  shall  apply  to  arrears  of  taxes. 

34.  How  to  be  credited. 

3.5,  3G.  Certain  sections  of  a  former  law  repealed. 

37.  Mayor,  recorder  and  aldermen  to  be  supervisors  of  the  city  of  N.  Y. 

38.  Chamberlain  to  be  treasurer  of  the  city,  and  subject,  &c. 

39.  Kow  monies  received  by  him  shall  be  paid. 

40.  How  many  to  constitute  a  quorum  of  supervisors. 

41.  Penalty  on  supervisors  fof  neglect  of  duty. 

42.  Collectors  of  taxes  when  to  pay  and  exhibit  their  asaessment  roil. 

96 


im 


TAXES — coLLEGTiorf  or. 


Sales  may  be 
postponed  15 
months. 


Notice  thereof. 


CHAP.  II. 

AN  ACT  to  amend  an  Act  passed  April  12th;  1816,  entitled 
"  An  Act  for  the  more  effectual  collection  of  taxes  and  as- 
sessments in  the  City  of  New-York:' 

Passed  January  13,  1830. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

1.  §  1.  It  shall  be  lawful  for  the  mayor,  aldermen  and  com- 
monalty of  the  city  of  New- York,  wlienever  they  shall  deem 
it  expedient,  by  a  resolution  to  be  passed  in  common  council, 
to  suspend  or  postpone  aiw  sale  or  sales  of  lands  and  tene- 
ments, or  any  portion  thereof,  which  shall  have  been  adver- 
tised for  sale  in  pursuance  of  the  second  section  of  the  act 
hereby  amended,  to  any  time  not  exceeding  fifteen  months 
from  the  day  specified  in  any  such  advertisement. 

2.  §  2.  All  sales  which  shall  be  postponed  or  suspended  by 
virtue  of  this  act,  shall  be  made  without  further  advertise- 
ment other  than  a  general  notice  of  such  postponement,  to* 
be  published  in  two  or  more  of  the  public  newspapers  in  the 
city  of  New- York,  at  Ifeast  once  a  week  until  the  time  of 
sde  ;  and  such  sales,  when  made,  shall  be  as  valid  and  ef- 
fectual as  if  the  same  had  taken  place  at  the  time  for  that 
purpose'  first  advertised. 


Sales  how  and 
by  whom  made. 


3.  §  3.  AS  sales  of  lands  and  tenementsr  for  assessments' 
under  and  by  virtue  of  this  act^  or  of  the  act  hereby  amended, 
may  hereafter  be  conducted  by  the  street  commissioner  of 
the  city  of  New- York,  or  by  his  assistant  or  deputy  ;  and  all 
such  sales  for  taxes  may  hereafter  be  conducted  by, the  comp- 
troller of  the  said  city,  or  by  his  assistant  or  deputy  ;  and 
it  shall  not  be  necessary  to  employ  a  public  auctioneer 
for  any  such  sales. 


paymtnts,  4.  ^  4.  All  advertisements  hereafter  to  be  published  prior 
to  any  sale  of  lands  and  tenements  for  taxes  or  assessments, 
in  pursuance  of  the  provisions  of  the  second  section  of  the 
act  hereby  amended,  shall  require  the  owner  of  such  lands 
and  tenements  to  pay  the  amount  of  such  tax  or  assessment, 
with  interest  and  charges,  as  specified  in  the  said  act,  tc? 


TAXES — COLLECTION  or.  76f 

such  person  'or  persons,  to  be  named  in  such  advertisements, 
as  may  be  appointed  by  the  common  council  to  collect  the 
same,  instead  of  the  treasurer  or  chamberlain  of  the  said 
city^  as  by  the  said  act  hereby  amended  is  directed. 

5.  §  5.  The  provisions  of  this  act  shall  be  in  force  and  take  Act  when  to  tak« 
effect  from  and  immediately  after  the  passing  thereof. 


CHAR  CCCVII. 

AN  ACT  to  amend  an  Act  passed  April  6th,  1825,  entitled 
"  An  Act  respecting  the  collection  of  Taxes  in  the  city  of 
New-York:' 

Passed  April  20,  1830. 

The    People   of  the  State    of  New-York^  represented    in 
Senate  and  Assembly,  do  enact  as  follows  : 

6.  ^  1.  It  shall  be  the  duty  of  the  assessors  annually  cho- Bojird  of  a«ie». 
sen  in  the  several  wards  of  the  city  of  New- York,  before  ^"' 

they  proceed  to  assess  the  property  in  their  respective  wards, 
to  meet  together  in  the  City  Hall  of  the  said  city,  at  eleven 
o'clock  in  the  forenoon,  to  wit :  in  the  present  year,  on  the 
first  Tuesday  of  May  next,  and  annually  thereafter  on  the 
first  Tuesday  after  they  shall  have  been  sw^orn  into  office, 
and  then  and  there  to  appoint  from  among  themselves  a  pre- 
sident and  secretary,  and  to  organize  themselves  into  a  board 
for  the  transaction  of  business,  to  be  called  the  general  board 
of  assessors. 

7.  §  2.  The   said  general  board  of  assessors  shall  have    Their  powe«. 
power  to  adjourn  to  meet  again  at  such  time  and  place,  and 

from  time  to  time,  as  they  may  think  fit;  and  the  secretary 
thereof  shall  keep  a  regular  book  of  minutes  of  all  the  pro- 
ceedings of  the  said  board.  • 

8.  §  3.  It  shall  be  the  duty  of  the  said  general  board  of  To  make  miw. 
assessors,  either  at  their  first  or  at  any  subsequent  meet- 
ing, before  the  members  thereof  proceed  to  assess  property 

in  their  respective  wards,  to  adopt  such  rules  or  by-laws  as 
may,  in  their  opinion,  be  best  calculated  to  produce  equality 


764  TAXES—COLLECTION  OF. 

and  uniformity  in  the  different  valuations  of  property  and 
assessments  in  the  several  ward^. 

Assignment  roiia      9.  §  4.  After  the  Several  assessment  rolls  for  all  the  v^^ards 

to  be  compared.        r     i  •  i      • 

01  the  said  city  shall  have  been  completed  by  the  assessors 
for  each  ward  respectively,  and  before  fair  copies  thereof 
are  made  for  the  inspection  of  the  inhabitants  of  the  said 
wards  respectively,  it  shall  be  the  duty  of  the  president  of 
the  said  general  board  of  assessors,  to  convene  the  members 
thereof;  and  the  said  board  shall  thereupon  examine  and 
compare  the  said  several  assessment  rolls,  for  the  purpose  of 
ascertaining  whether  the  valuations  in  one  ward  bear  a  just 
relation  to  the  valuations  in  all  the  wards  of  the  said  city ; 
and  they  may  increase  or  diminish  the  aggregate  valuations 
of  real  estates  in  any  ward,  by  adding  or  deducting  such  sum 
upon  the  hundred  as  may,  in  their  opinion,  be* necessary  to 
produce  a  just  relation  between  all  the  valuations  of  real  es- 
tate in  the  said  city  ;  but  they  shall  in  no  instance  reduce  the 
aggregate  valuations  of  all  the  wards  below  the  aggregate 
valuation  thereof,  as  made  by  the  assessors  of  the  said  wards 
respectively. 

Alteration  made      10.  §  5.  The  Said  flfcneral  board  of  assessors  shall  have 

by  vote.  ^  ^  _ 

power,  by  a  vote  of  the  majority  of  all  the  assessors,  to  al- 
ter or  correct  any  such  assessment  roll  by  increasing  or  di- 
minishing the  valuation  of  any  property  or  assessment  there- 
in contained. 

fair  eopieatobe       H.  §  0.  After  the  Said  assessmciit  rolls  shall  have  been  so 
"^'^^^'  examined  and  compared,  or  altered  or  corrected,  the  same 

shall  be  returned  to  the  assessors  of  the  several  wards  respec- 
tively, who  shall  cause  fair  copies  thereof  to  be  made  out  and 
left  with  one  of  their  number,  and  shall  proceed  thereupon 
to  give  notice  according  to  law,  of  their  having  completed 
^    such  assessments. 

Bookofminuteg.  12.  §  7.  It  shall  be  the  duty  of  the  secretary  of  the  said 
general  board  of  assessors,  to  deliver  to  the  supervisors  of 
the  city  of  New- York,  at  their  first  annual  meeting,  the  book 
of  minutes  of  the  proceedings  of  the  said  board,  and  to  at- 
tend before  the  said  supervisors  when  required. 


TAXES— COLLECTION  OF.  '^^ 

13.  §  8.  The  supervisors  of  the  said  city  shall,  at  their  ^^^;»^Re-^^^^^^^^^ 
annual  meetings,  examine  the  assessment  rolls  of  the  several 
wards,  for  the  purpose  of  ascertaining  whether  the  valuations 

in  one  ward  bear  a  just  relation  to  the  valuations  in  all  the 
wards  of  the  said  city ;  and  they  may  increase  or  diminish 
the  a'Tf'-reo-ate  valuations  of  real  estates  in  any  ward,  by  ad- 

OC3        o  ... 

ding  or  deducting  such  sum  upon  the  hundred  as  may,  in  their 
opinion,  be  necessary  to  produce  a  just  relation  between  all 
the  valuations  of  real  estates  in  the  said  city  ;  but  they  shall 
in  no  instance  reduce  the  aggregate  valuations  of  all  the 
wards,  below  the  aggregate  valuation  thereof  as  made  by  the 
assessors. 

14.  §  9.   The   compensation  to  be    allow^ed  to   assessors  payor  assesaors 
and  collectors  of  taxes  in  the  city  of  New- York,  for  their 
services,  shall  be  determined  by  the  supervisors  of  the  said 

city,  at  such  time  or  times  as  they  may  think  proper. 

15.  §  10.  All  keepers   of  taverns,   boarding-houses,  and  Tavem-keeptrs, 

,  ,  ,  ,      .      ,      .  ,  ,  &r.   to  pivc    tlie 

Other  house-keepers,  upon  their  being  requested  by  any  as-  names  of  boaru- 

sessor  of  the  ward  in  which  such  tavern,  boarding-house  or 

other  house  may  be  situated,  shall  give  such  assessor -a  true 

account  of  all  persons  boarding  or  lodging,  or  being  tenants 

in  such  house,  and  their  several  names,  if  known;  to  the 

end  that  any  such  person  liable  to  taxation,  maybe  assessed 

according  to  law. 

16.  §  11.  If  any  person  of  whom  such  information  is  de-    p<.nany. 
manded,  shall  refuse  to  give  the  same,  or  shall  wilfully  give 
erroneous  account,  such  person  shall   forfeit  and  pay  one 
hundred  dollars  to  the  collector  of  such  ward,  who  may  sue 

for  and  recover  the  same,  with  costs,  in  any  court  having 
cognizance  thereof;  and  the  sums  so  recovered  shall  be  ap- 
plied to  make  good  any  delinquency  in  the  collectors  of 
taxes  in  such  ward. 


766  TAXES— COLLECTION  of. 

[Forty-Eighth  Session,  fol  7,  a.  p.  123.] 
CHAP.  LXXXIIL 

AN  ACT  respecting  the  Collection  of  Taxes  in  the  City  of 

New-York. 

Passed  ApnhS,  1825. 

DiityofasgessorB.  17.  §  I.  Be  it  enacted  by  the  People  of  the  State  of  New- 
York,  represented  in  Senate  and  Assembly,  That  the  assessors 
annually  chosen  in  each  ward  in  the  city  of  New- York,  shall 
on  or  before  the  fifth  day  of  May  next,  after  being  chosen, 
proceed  to  assess  the  property  in  their  respective  wards  ac- 
cording to  law :  and  shall  complete  their  assessments  ac- 
cording to  law,  on  or  before  the  fifth  day  of  July  next  fol- 
lowing, and  make  out  one  fair  copy  thereof  to  be  left  with 
one  of  their  board ;  and  shall  thereupon  according  to  law, 
give  notice  of  their  having  completed  such  assessments,  and 
that  a  copy  thereof  is  left  with  one  of  their  number,  (naming 
him)  where  the  same  may  be  seen  and  examined  by  any  of 
the  inhabitants  during  ten  days,  and  that  they  will  meet  at 
the  expiration  of  the  said  ten  days,  at  a  place  in  the  said  no- 
tice to  be  specified,  to  review  their  assessments  on  the  ap- 
plication of  any  person  conceiving  himself  aggrieved  ;  and 
such  proceedings  shall  thereupon  take  place  as  is  by  law 
provided  ;  and  such  assessors  shall  sign  the  said  assessment 
roll  and  deliver  the  same,  on  or  before  the  first  day  of  Au- 
gust next  ensuing,  to  the  comptroller  of  the  said  city,  who 
shall  deliver  the  same  to  the  supervisors  of  the  said  city  at 
their  next  meeting ;  and  that  for  any  neglect,  omission  or  re- 
fusal to  perform  the  requiren:ients  of  this  section,  the  par- 
ties ofiending  shall  be  liable  to  the  penalties  mentioned  in 
the  eleventh  section  of  the  act  of  April  23,  1823,  entitled 
"  An  act  for  the  assessment  and  collection  of  taxes." 

Supervisors  of  N.       18.  §  II.  And  be  it  further  enacted.  That  the  mayor,  re- 
York.  aad  pow-  ^^^^^^  ^^^  aldcrmcu  of  the  city  of  New- York,  shall  be  the 
'  supervisors  of  the  said  city,  and  as  such  shall  annually,  on 

the  third  Tuesday  of  August,  meet  together  at  the  City  Hall 
of  the  said  city,  or  at  such  other  places  or  at  such  other 
times  as  they  shall  find  necessary,  and  shall  examine  the  se- 
veral assessment  rolls,  and  equalize  and  correct  the  valua- 


TAXES COLLECTION  OF.  767 

tions,  and  do  and  perform  all  other  things  and  acts  required 
by  law,  and  shall  cause  the  assessment  roll  of  each  ward 
when  corrected  according  to  law,  or  a  fair  copy  thereof,  to 
be  delivered  to  the  collector  of  each  of  the  said  w^ards,  on  or 
before  the  first  day  of  October  thereafter,  with  warrants  an- 
nexed, directing  and  requiring  them,  respectively,  to  collect 
the  several  sums  therein  mentioned  according  to  law,  and  to 
pay  the  same  to  the  chamberlain  or  treasurer  of  the  city,  on 
or  before  the  first  day  of  April  thereafter,  or  at  such  shorter 
periods  as  the  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York  :in  common  council  convened,  shall  or  may 
appoint  or  require. 

19.  §  III.  And  he  it  further  enacted,  That  the  exemption  Exemption  frosi 

f  ■  r  .11  ,-  ,1  r  •  taxation,  &c. 

from  taxation  of  any  building  for  public  worship,  or  any 
school,  under  and  by  virtue  of  the  third  section  of  the  said 
act  of  the  23d  of  April,  1823,  entitled  "  An  act  for  the  as- 
sessment and  collection  of  taxes,"  shall  not  extend  or  apply 
to  any  such  buildings  or  premises  in  the  said  city,  unless  the 
same  shall  be  exclusively  used  for  such  purposes,  and  exclu- 
sively the  property  of  a  religious  society,  or  the  New- York 
Free  School  Society. 

20.  §  IV.  And  be  it  further  enacted^  That  if  any  person  shall     Manner  of  coi-' 
refuse  or  neglect  to  pay  the  sum  or  sums  at  which  any  real 

estate,  owned  or  occupied  by  him  or  her,  or  his  or  her  per- 
sonal estate  in  the  city  of  New- York,  shall  be  taxed,  the  col- 
lector of  such  tax  is  hereby  authorized  and  required  to  levy 
the  tax  on  the  real  estate  by  distress  and  sale  of  the  goods 
and  chattels,  either  of  the  persons  owning  or  occupying  the 
same,  or  of  any  goods  and  chattels  in  the  possession  of  either 
such  person,  wheresoever  the  same  may  be  found  in  the  said 
city;  and  the  tax  on  the  personal  estate  of  any  person  may 
be  levied  and  collected  in  like  manner,  by  distress  and  sale 
of  the  goods  and  chattels  of  the  person  taxed,  wherespever 
the  same  may  be  found  in  the  said  city. 

21.  §  V.   And  be  it  further  enacted,  That  nothing  contain-     rrovision  a«  ta 
ed  herein,  or  in  the  act,  entitled,  "  An  act  for  the  assessment  ^^^^^  ^'^^• 
and  collection  of  taxes,"  passed  the  28d  day  of  April,  1823, 

or  any  law  in  addition  or  amending  the  same,  shall  be  deem- 
ed or  construed  to  repeal  or  affect  any  of  the  provisions  of 


^68  TAXES  AND  ASSESSMENTS. 

the  act,  entitled  "  An  act  for  the  more  effectual  collection 
of  taxes  and  assessments  in  the^city  of  New- York,"  passed 
April  12th,  1816,  nor  the  21st,  i50th,  151st,  152d,  153d, 
154th  and  155th  sections  of  the  act  of  the  9th  of  April, 
1813,  entitled  "An  act  to  reduce  several  laws  relating  par- 
ticularly to  the  city  of  New- York,  iato  one  act,"  excepting 
as  it  relates  to  the  time  of  annual  meeting  prescribed  in  the 
aforesaid  150th  section:  And  furllier,  That  under  the  said 
155th  section,  the  common  council  therein  mentioned,  may, 
as  well  as  the  chamberlain  or  treasurer,  require  the  collec- 
tors to  pay  the  moneys  by  them  from  time  to  time  collected, 
as  often  as  they  may  deem  necessary,  under  the  like  penalty 
therein  mentioned. 


[Forty -Seventh  Session. —  Vol.  6,  c.  p.  39.] 

CHAR  LXXXI. 

AN  ACT  to  amend  an  Act,  entitled  ^^  An  Act  to  reditce  seve" 
ral  Laws,  relating  particularly  to  the  City  of  New- York,  into 
one  act,''^  passed  Ajjril  9,  1813. 

Passed  February  21,  1823. 

I'lTanibie  Whereas  doubts  havc  aHscn  whether  the  two  hundred 

and  seventieth  section  of  the  act  above  mentioned  applies  to 
all  the  laws  and  ordinances  of  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  in  common  council 
convened,  touching  any  acts,  works,  or  labor  to  be  done  and 
performed,  and  improvements  to  be  made  in  the  said  city, 
which  under  that  act,  or  any  other  act  or  acts  of  the  legisla- 
ture, they  are  authorized  to  pass,  order  and  direct,  and  the 
expenses  of  which  may  be  estimated  and  assessed  on  the 
owner  or  occupants  of  all  the  houses  and  lots  intended  to  be 
benefited  thereby,  by  skilful  and  competent  disinterested 
persons  appointed  by  the  said  common  council :  There- 
fore, 
A  certain  section  22.  §  I.  Be  it  encictcd  by  the  Peop)le  of  the  State  of  New- 
York,  represeritcdin  Senate  and  Assembly,  That  the  provisions 
of  the  above  section  shall  apply  to  all  and  every  the  laws, 
ordinances,  orders,  and  directions  which  the  said  corporation 
are  authorized  to  make  under  and  by  virtue  of  any  part  or 


TAXES  AND  ASSESSMENTS.  769 

section  of  the  aforesaid  act,  or  of  any  other  act  or  acts  of  the 
egislature  ;  and  that  the  two  hundred  and  seventy-first  sec- 
tion shall  in  like  manner  apply  thereto,  and  that  assessments 
for  any  such  expenses,  with  interest,  may  be  made  as  direct- 
ed in  and  by  the  one  hundred  and  seventy-fifth  section  of  said 
act,  and  shall  be  a  real  encumbrance  upon  the  houses  and  lots, 
lands  and  tenements  therein  mentioned,  which  may  be  sold 
for  any  such  assessment  thereon,  and  every  remedy  and 
proceeding  had  for  the  collection  thereof,  according  to  the 
provisions  of  an  act  entitled  "  An  act  for  the  more  effectual 
collection  of  taxes  and  assessments  in  the  city  of  New- York," 
passed  April  12,  1816,  and  any  act  amendatory  thereof. 

23.  §  II.  And  be  it  further  enacted,  That  it  shall  and  may  be  Regulations  as  to 
lawful  for  the  said  mayor,  aldermen  and  commonalty,  in  all  up  iota, 
cases  where  they  may  deem  it  necessary  for  the  more 
speedy  execution  of  any  by-law  or  ordinance  requiring  the 
owner  or  joint  owners,  agent  or  joint  agents,  lessee  or  joint 
essees,  and  occupant  or  joint  occupants  of  any  lot  or  lots,  to 
fill  up  or  raise  such  lot  or  lots  forthwith  upon  the  passage  of 
such  by-law  or  ordinance,  or  at  any  time  thereafter,  when 
they  may  deem  it  expedient  to  cause  such  lot  or  lots  to  be 
filled  up  or  raised,  at  their  own  expense,  on  account  of  such 
owner  or  owners,  agent  or  agents,  lessee  or  lessees,  and  oc- 
cupant or  occupants  respectively  ;  and  the  said  mayor,  al- 
dermen, and  commonalty  shall  have  full  power,  and  are 
hereby  authorized  to  levy  the  same,  with  lawful  interest 
and  all  reasonable  costs  and  expenditures  attending  such 
proceedings,  by  distress  and  sale  of  the  goods  and  chattels  of 
such  owners,  agents,  lessees  or  occupants,  or  to  recover  the 
amount  of  every  such  expense,  by  action  of  debt,  in  any 
court  of  record,  from  the  persons  respectively  on  whose 
account  the  same  shall  have  been  incurred,  their  respective 
heirs,  executors,  or  administrators  ;  in  all  which  actions  they 
shall  also  recover  lawful  interest  upon  the  said  amount,  with 
full  costs  of  suit.  And  further.  That  the  amount  of  the  mo-  Amount  declared 
nies  which  the  said  mayor,  aldermen,  and  commonalty  shall 
have  advanced  for  the  above  purposes,  with  lawful  interest 
for  the  same,  shall  be  deemed  a  lien  on  such  lot  or  lots,  and 
that  such  lot  or  lots  may  be  sold  therefor,  according  to  the 
provisions  of  the  said  act  for  the  more  effectual  collection  of 
taxes  and  assessments  in  the  city  of  New- York,  or  any  act 

97 


•770  TAXES— COLLECTION  or. 

amendatory  thereof,  in  the  same  manner  as  if  the  said  amount 
'     and  interest  had  been  charged  on^  the  said  lot  or  lots  by  vir- 
tue of  an  assessment. 


CHAP.  CXLIX. 

AN  ACT  to  amend  an  act,  entitled  ''An  act  for  the  moreef^ 
fectual  collection  of  Taxes,  and  Assessments,  in  the  City  of 
New-York:' 

Passed  March  23, 1821. 

sFs'^wS  'randa  ^^'  ^  ^'  ^^  ^^  euactcd  bij  the  People  of  the  State  ofNew-Yorkf 
inoS*  ^'■^^••^id  by  represented  in  Senate  and  Assemhy,  That  if  a  sum  of  money, 
owner.  f^  gross,  has  been  or  shall  be  assessed  or  taxed,  upon  any 

lands  or  premises  in  the  city  of  New- York,  by  virtue  of  any 
Jaw  of  this  state,  any  person  or  persons  claiming  any  divided 
or  undivided  part  thereof,  may  pay  such  part  of  the  sum  of 
money  so  assessed  or  taxed,  and  also  of  the  interest  and 
charges  due  or  charged  thereon,  as  the  mayor,  aldermen  and 
commonalty  of  the  city  of  New- York,  in  common  council 
convened,  ma}^  deem  to  be  just  and  equitable,  and  the  re- 
mainder of  the  sum  of  money  so  assessed  or  taxed,  together 
with  the  interest  and  charges,  shall  be  a  lien  on  the  residue 
of  the  land  only,  which  may  be  sold  in  pursuance  of  the  pro- 
visions of  the  act  entitled  "  An  act  for  the  more  effectual 
collection  of  taxes  and  assessments  in  the  city  of  New- 
York,"  to  satisfy  the  residue  of  such  assessment  or  tax,  in- 
terest and  charges,  in  the  same  manner  which  it  could  have 
been,  provided  the  residue  of  said  assessment  or  tax  had 
been  imposed  upon  the  residue  of  said  lands  and  tenements  : 
Provided  always,  That  nothing  herein  contained  shall  be  so 
construed  as  to  release  the  occupant  of  any  such  premises 
from  his  liability  to  pay  assessments  and  taxes  upon  the 
whole  of  the  premises,  which  he  is  or  shall  be  in  the  occupa- 
tion of. 

Redemption  of  25.  §  II.  And  he  it  farther  enacted,  That  the  proprietor  of 
any  lands,  sold  or  which  shall  be  sold  for  taxes  or  assess- 
ments in  the  city  of  New- York,  in  pursuance  of  the  provi- 
sions of  said  act,  shall  not  be  permitted  to  redeem  the  same 
within  the  two  years  mentioned  in  the  said  act,  unless  he 


TAXES DELINQUENTS  PAYING.  '''^l 

shall  pay  to  the  street  commissioner  of  the  city  of  New- 
York,  for  the  use  of  the  purchaser,  his  executors,  administra- 
tors, or  assigns,  in  addition  to  the  sum  which  such  purchaser 
shall  have  paid  for  the  same,  at  the  time  of  sale,  by  virtue  of 
said  act,  all  such  sums  of  money  which  the  said  purchaser 
shall  have  paid  since  the  sale  of  said  lands  for  taxes  or  as- 
sessments on  the  same,  and  also  for  the  costs  and  charges 
attending  the  advertising  of  the  same,  and  all  other  costs  and 
charges  thereon,  together  with  the  interest  thereof,  at  the 
rate  of  fourteen  per  centum  per  annum,  from  the  time  of 
making  such  payments. 


26.  §  III.  And  be  it  further  enacted,  That  the   owner  of  ,i"^«''^st  when 

■^  ♦^  '  chargeable  on  a 

any  lands  or  tenements  in  the  city  of  New- York,  upon  whom,  ^^x. 
or  on  whose  lands,  any  assessment  has  been  or  shall  be  made 
or  imposed,  who  shall  neglect,  or  has  neglected,  to  pay  the 
same,  for  the  space  of  sixty  days,  after  the  said  assessment 
was  or  shall  be  confirmed  according  to  law,  shall  be  liable  to 
pay  inierest  thereon,  at  the  rate  of  seven  per  centum  per 
annum,  to  be  calculated  from  the  time  of  the  confirn^ation  of 
jaid  assessment. 


[Forty-Third  Session,  Vol.  5,  h.  p.  69.] 

CHAP.  LXXXII. 

AN  ACT  to  enable  the  May  07%  Recorder  and  Aldermen  of  the 
City  of  New-York,  to  raise  Money  by  a  Tax. 

Passed  March  10, 1S20. 

27.  §  lY.  And  be  it  further  enacted.  That  whenever  any  tax  h  per  cent,  to  be 

.       .  1         '     1        '"ifltled    to    delin- 

of  any  description,  on  the  estates,  real  and  personal,  ol  the  quema  in  paying, 
freeholders  and  inhabitants  of,  and  situated  within  the  said 
city,  shall  remain  unpaid  on  the  day  upon  which  the  col- 
lectors are  limited  bylaw  to  account  for  the  collection  of  the 
same,  and  the  collector  of  the  ward  in  which  the  same  shall 
be  charged,  shall  make  such  affidavit  in  relation  to  the  said, 
tax,  as  is  specified  in  the  eleventh  section  of  the  act,  enti- 
tled, "  An  act  for  the  assessment  and  collection  of  taxes," 
passed  April  5th,  1.812,  an  interest  after  the  rate  of  fourteen 
per  cent,  per  annum,  to  be  calculated  from  the  date  of  the 
bond  of  the  collector  of  he  ward  in  which  the  same  was 


772  TAXES— COLLECTION  of. 

rormertaxes.      charged,  sliall  be  added  to  the  said  tax:  And  further,  That 

&c.  how  enforo-  .,,,/,        ^  ,  ^  * 

«d.  it  shall  be  lawful  to  enforce  the  collection  of  the  said  taxes 

and  interest,  and  also  all  taxes  heretofore  imposed  upon  the 
personal  estate  of  the  inhabitants  of  said  city,  in  the  manner 
prescribed  in  and  by  the  act,  entitled  ''An  act  for  the  more 
effectual  collection  of  taxes  and  assessments  in  the  city  of 
JNew-York,"  passed  April  12th,  1816. 


[Thirty -Ninth  Session,  Vol.  4,  a,  113.] 

CHAP.  CXV. 

AN  ACT  for  the  more  effectual  Collection  of  Taxes  and  As- 
sess nents  in  the  City  of  New-York. 

Passed  April  12,  1816. 

Taxes  hew  to  be  28.  §  I.  Be' it  enacted  by  the  People  oj  the  State  of  New-York, 
represented  in  Senate  and  Assembly,  That  whenever  any  tax, 
of  any^description,  on  lands  or  tenements  in  the  said  city, 
shall  remain  unpaid  on  the  day  upon  which  the  collectors  are 
limited  by  law  to  account  for  the  collection  of  the  same,  and 
the  collector  of  the  w^ard  in  which  the  same  shall  be  charged, 
shall  make  such  affidavit  in  relation  to  the  said  tax  as  is  spe- 
cified in  the  eleventh  section  of  the  act  entitled  "  an  act  for 
the  assessment  and  collection  of  taxes,"  passed  April  5th, 
1813,  it  shall  be  lawful  for  the  mayor,  recorder  and  alder- 
men of  the  said  city,  or  any  five  of  them,  of  wdiom  the  mayor 
or  recorder  shall  be  one,  to  issue  a  w^ari'ant  under  their 
hands  and  seals,  directed  to,  and  requiring  some  proper  per- 
son to  levy  the  said  tax,  by  distress  and  sale  of  the  goods 
and  chattels  of  the  owner  or  owners  of  such  lands  or  tene- 
ments respectively,  wheresoever  the  said  goods  and  chat- 
tels may  be  found  in  the  said  city,  together  w^ith  the  costs 
and  charges  of  such  distress  and  sale,  rendering  the  over- 
plus, if  any,  to  the  person  or  persons  whose  goods  and  chat- 
tels shall  be  so  distrained  and  sold. 

Proceedings  in      29.  §  II.  And  be  it  further  enacted,  That  w^henever  any 

MmaiDunpa?d^^^  such  tax  shall  remain  unpaid  as  aforesaid,  and  the  collector 

shall  make  such  affidavit  as  is  above  ;  and  also  wherever  and 

whenever  any  assessment  upon  any  lands  or  ten^njents,  in 


TAXES— COLLECTION  OF.  773 

the  said  city,  hath  heretofore  been  or  hereafter  shall  be  made 
and  confirmed  according  to  law,  and  the  amount  of  such  as- 
sessment hath  not  been  or  shall  not  be  collected:  the  collector 
shall  make  affidavit  of  his  demanding  the  money  two  several 
times  of  such  ow^ner  or  owners  of  the  said  lands  or  tenements 
as  may  reside  in  the  said  city,  and  that  they  have  neglected  , 

or  refused  to  pay  the  samcj  or  shall  make  affidavit  that  the 
owner  or  owners  of  any  such. lands  or  tenements  cannot, 
upon  diligent  inquiry,  be  found  in  the  said  city,  then  and  in 
any  such  case  it  shall  and  may  be  lawful  for  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New-York,  to  take 
order  for  advertising  the  said  lands  and  tenements,  or  any  of  j^JJ^  ^'^ '**  p"^" 
them,  for  sale,  in  two  or  more  of  the  public  newspapers  print- 
ed in  the  said  city,  for  three  months,  once  in  each  week.;  and 
by  such  advertisements  the  owner  or  owners  of  such  lands 
and  tenements  respectively,  shall  be  required  to  pay  the 
amount  of  such  tax  or  assessment  so  remaining  unpaid,  to- 
gether with  interest  thereon,  at  the  rate  of  seven  per  cent, 
per  annum  (the  interest  on  said  tax  to  be  calculated  from  the 
time  of  making  the  above  mentioned  affidavit,  and  the  inter- 
est on  such  assessment  to  be  calculated  from  the  time  of  the 
confirmation  of  the  said  assessment)  to  the  time  of  payment, 
with  the  charges  of  such  notice  and  advertisement,  to  the 
treasurer  or  chamberlain  of  the  said  city  ;  and  notice  shall 
be  given  by  such  advertisements,  that  if  default  shall  be  made 
in  such  payment,  such  lands  and  tenements  will  be  sold  at 
public  auction,  at  a  day  and  place  therein  to  be  specified,  for 
the  lowest  term  of  years  at  which  any  person  or  persons 
shall  offer  to  take  the  same,  in  consideration  of  advancing 
the  said  tax  or  assessment,  and  the  interest  thereon  as  afore- 
said, to  the  time  of  sale,  and  together  vnth  the  charges  of  the 
above  mentioned  notice  and  advertisement,  and  the  hereinaf- 
ter mentioned  certificate,  lease  and  advertisement,  and  all 
other  costs  and  charges  accrued  therecn:  And  if,  notwith- i-cnds  mny  be 
standing  such  notice,  the  owner  or  owners  shall  refuse  or  yca.s!^'^'^  ^""  ° 
neglect  to  pay  such  tax  or  assessment,  with  interest  as  afore-  ^^ 
said,  and  the  charges  attending  such  notice  and  advertise- 
ment, then  it  shall  and  may  be  law^ful  to  and  for  the  said 
mayor,  aldermen  and  ccmmonalty,  to  cause  such  lands  and 
tenements  to  be  sold  at  public  auction,  for  a  term  of  years, 
for  the  purpose  and  in  the  manner  expressed  in- the  said  ad- 
vertisements ;  and  such  sales  shall  be  made  on  the  day  for 


774  TAXES— COLLECTION  of. 

that  purpose  mentioned  in  the  said  advertisements,  and  shall  be 
continued  from  day  to  day,  if  necessary,  until  all  the  lands  and 
tenements,  so  advertised,  shall  be  sold  :  And  the  said  mayor, 
and  commonalty  shall  give  to.  the  purchaser  or  purchasers  of 
any  such  lands  and  tenements,  a  certificate,  in  writing,  de- 
.  scribing  the  lands  and  tenements  so  purchased,  the  term  of 
years  for  which' the  same  shall  have  been  sold,  the  sum  paid 
therefor,  and  the  time  w^hen  the  purchaser  will  be  entitled  to 
a  lease  for  the  said  lands  and  tenements  :  And  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New- York,  shall  at 
least  six  months  before  the  expiration  of  two  years  after  any 
such  sale,  cause  an  advertisement  to  be  published,  at  least 
once  in  each  week  for  four  weeks  successively,  in  the  news- 
paper printed  by  the  printer  to  this  state,  and  in  one  of  the 
public  newspapers  printed  in  the  city  of  New- York,  in  suck 
form  as  they  shall  deem  best  calculated  to  give  notice  of  such 
sale  ;  and  that  unless  the  lands  sold  be  redeemed  by  a  cer- 
tain day  they  would  be  conveyed  to  the  purchaser :  And  if 
the  person  claiming  title  to  the  said  lands  and  tenements, 
or  some  one  on  his  or  her  behalf,  shall  not  within  two  years 
from  the  date  of  the  above  mentioned  certificate,  pay  t'o  the 
street  commissioner  of  the  city  of  New- York,  for  the  use  of  the 
purchaser,  his  executors,  administrators  or  assigns,  the  sum 
mentioned  in  such  certificate,  together  with  the  interest  there- 
of, at  the  rate  of  twenty  per  centum  per  annum,  from  the  date 
of  such  certificate,  the  mayor,  aldeniien  and  commonalty  of 
the  said  city,  shall  at  the  expiration  of  the  said  two  years, 
,  execute  to  the  purchaser,  his  executors,  administrators  or  as- 
signs, a  lease,  under  the  common  seal  of  the  said  city,  of  the 
lands  and  tenements  so  sold,  for  such  term  of  years  as  the 
same  shall  have  been  sold  ;  and  such  lease  shaH  be  conclu- 
sive evidence  that  the  sale  was  regular,  according  to  the  pro- 
visions of  this  act:  And  such  purchaser  or  purchasers,  his, 
her,  or  their  executors,  administrators  and  assigns,  shall,  by 
virtue  thereof,  and  of  this  act,  lawfully  hold  and  enjoy  the 
said  lands  and  tenements,  in  the  said  lease  mentioned, 
for  his,  her  or  their  own  proper  use,  against  the  owner  or 
owners  thereof,  and  all  claiming  under  him,  her  or  them, 
until  such  purchaser's  term  therein  shall  be  fully  complete 
and  ended:  And  the  said  purchaser  or  purchasers,  his, 
her  or  their  executors,  administrators  and  assigns,  shall  be 
at  liberty  to  remove  all  the  buildings  and  materials  which  he, 


TAXES— COLLECTIOPf  OF.  775 

she  or  they  shall  erect  or  place  thereon,  during  the  said  term, 
within  one  month  after  the  expiration  of  the  said  term,  but 
leaving  the  lands  and  tenements,  with  the  streets  fronting  the 
same,  in  the  order  required  by  the  regulations  of  the  com- 
mon council :  Provided  always,  That  no  such  proceedings  proviso. 
by  advertisement  and  sale,  as  aforesaid,  shall  take  place  un- 
der any  assessment  heretofore  made  and  confirmed,  unless  in 
cases  where  the  same  now  is  a  lien  or  charge  on  the  lots 
assessed. 

31.  §  III.  And  he  it  further  enacted,  That  the  above  men-  saiemayhe 

.,  Til-  11  1         ^  made  notwitJi- 

tioned  proceeding  by  advertisement  and  sale,  mav  take  place  standing  a  war- 

r      ^    ^  .  ^  .1  "  .  ,  rant  of  distreB* 

m  any  case  or  such  unpaid  tax,  as  is  above  mentioned,  not-  issued, 
withstanding  a  warrant  of  distress  may  have  been  issued  for 
the  collection  thereof,  in   the  manner  above  mentioned,  in 
case  the  whole  or  any  part  of  such  tax  shall  be  uncollected 
thereupon. 

32.  §  IV.  And  be  it  farthS^  enacted,  That  this  act  shall  not    Tins  act  not  to 

,  ,  "ill"/'  prevent  the  sale 

be  construed  to  prevent  the  collection  of  any  assessment  or  of  goods,  &c. 
assessments  by  distress  and  sale  of  the  goods  and  chattels 
of  the  owner  or  owners,  occupant  or  occupants  of  any  lands 
or  tenements  therein  or  thereby  assessed. 

33.  §  V.  And  be  itfitrther  enacted,  That  all  the  provisions  Former  provi- 
herein  before  made,  relative  to  the  sale  of  lands  and  tene-  ?i°a?rca^jy^ 
ments,  within  the  city  of  New- York,  for  unpaid  taxes,  shall 

apply  to  all  such  taxes  charged  on  lands  and  tenements  within 
the  said  city,  as  shall  appear  by  the  returns  of  the  respective 
collectors,  at  any  time  heretofore  to  have  been  in  arrear. 

34.  §  V.  And  be  it  further  enacted.  That  whenever  the  ar-  Howtobecred- 
rearages  of  any  tax  shall  be  collected,  in  manner  aforesaid, 

the  same  shall  be  carried  to  the  credit  of  the  ward  in  which 
it  shall  be  charged. 


sections 


35.  §  VI.  And  be  it  further  enacted,  That  the  one  hundred  certain 
and  fifty-sixth,  one  hundred  and  fifty-seventh,  one  hundred  repeaier*^  '^^^ 
and  fifty-eighth,,  two  hundred  and  fifty-ninth  and  two  hundred 
and  sixtieth  sections  of  the  act  entitled  "  An  act  to  reduce 
several  laws  relating  particularly  to  the  city  of  New-York, 


776  TAXES-<^OLLECTION  OF. 

into  one  act,"  passed  April  9th,  1813,  be  and  the  same  here- 
Proviao.  by  are  repealed :  Provided  hoiceS)er,  That  such  repeal  shall 

not  effect  any  act  done,  or  proceedings  had  or  commenced 
under  the  said  sections  hereby  repealed ;  but  every  such 
act  and  proceeding  shall  remain  as  valid  as  if  the  said  sec- 
tions had  remained  in  full  force:  And  provided  particularly, 
That  the  proceedings  for  the  sale  of  certain  lands  and  tene- 
ments, for  certain  unpaid  assessments,  which  are  now  pend- 
ing, shall  and  may  proceed,  be  continued  and  completed  in 
«  the  same  manner  as  if  this  act  had  not  been  passed,  but  the 
said  two  hundred  and  fifty-ninth  section  of  the  said  act  had 
remained  in  full  force. 


[Thirty -Eighth  SessioUy  Vol.  3,  c.  151.] 
CHAP.  CXLIX.      . 

AN  ACT  relative. to  Taxes  and  Assessment  in  the  City  of 

New-York. 

Passed  April  11,  1815 

Whereas  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New- York,  have,  by  their  memorial,  represented  that 
a  compliance  with  the  law  requiring  taxes  and  assessments 
in  the  said  city  to  be  registered  in  the  office  of  the  register 
in  and  for  the  said  city,  would  be  not  only  very  expensive, 
but  also  altogether- unnecessary,  and  have  therefore  prayed 
that  the  said  law  may  be  repealed,  and  whereas  the  said 
prayer  appears  reasonable :  Therefore, 
Certain  sections  §  36.  Be  it  cnactcd  by  the  People  of  the  State  of  New-York, 
Repealed.  represented  in  Senate  and  Assembly,  That  the  one  hundred 

and  sixty-second,  and  one  hundred  and  sixty-third  sections  of 
act,  entitled  "An  act  to  reduce  several  laws  relating  par- 
ticularly to  the  city  of  New- York  into  one  act,"  passed 
April  6th,  1813,  so  far  forth  as  the  same  relate  to  any  assess- 
ment, tax,  charge,  debt,  duty  or  demand  whatsoever,  in  fa- 
vor of  or  payable  to  the  mayor,  aldermen  and  commonalty 
of  the  city  of  New- York,  be  and  the  same  hereby  are  re- 
pealed. 


TAXES— COLLECTION  OF.  *i^1 

[Thirty-Sixth  Session.— Vol  2,  p.  399.] 

CHAP.  CLXXXVI. 

AN  ACT  to  Reduce,  ^^c— Passed  April  9,  1813. 

COLLECTION  OF  TAXES. 

37.  §  CL.  And  he  it  further  enacted,  That  the  mayor,  re-  l]^JZdelmen^tl 
corder  and  aldermen  of  the  city  of  New- York,  shall  be  the  su-  fhVdty  of  New^ 
pervisors  of  the  said  city,  and  as  such  shall  annually  on  the  ^^^''• 
second  Tuesday  of  July,  meet  together  at  the  city-liall  of  the 

said  city,  and  at  such  other  times  and  places  as  they  shall 
find  necessary,  and  examine  and  ascertain  what  sums  of  mo- 
ney are  by  law  imposed  on  the  said  city  in  that  year,  for  the  J^^^^'^^^y'^*^° 
maintenance  of  the  poor,  for  defraying  the  contingent  charges 
of  said  city,  and  for  other  purposes,  and  shall  cause  the  same 
to  be  raised,  levied  and  collected  in  the  said  city,  in  the 
manner  as  the  contingent  charges  of  the  several  coun- 
ties of  this  state  are  directed  to  be  levied  and  collected,  by 
the  act,  entitled  "  An  act  for  defraying  the  public  and  ne- 
cessary charges  in  the  respective  counties  of  this  state,"  and 
the  same  shall  in  like  manner  be  paid  to  the  chamberlain  of 
the  said  city  ;  And  the  said  mayor,  aldermen  and  common- 
alty, and  chamberlain  shall  respectively  proceed  relative 
thereto  in  like  manner,  and  subject  to  the  like  restrictions 
and  regulations  as  the  supervisors  and  treasures  of  the  other 
counties  of  this  state  are  by  the  said  act  respectively  re- 
quired to  do  in  relation  to  the  contingent  charges  of  the  said 
counties. 

38.  §  CLI.  And  be  it  further  enacted,  That  the  chamberlain   chamberlain  to 

■^  ./  '  be  treasurer  of 

of  the  said  city  shall,  in  respect  to  all  monies  so  to  be  levied  ^^^l^'  *"<^  subject 

J  '  -t^  tolikeregulationw 

and  collected,  and  also  in  respect  to  all  monies  to  be  levied  ?^  °^^^''  '^"""'^ 

'  ^  treasurers. 

and  collected  in  the  said  city,  for  the  use  of  this  state,  per- 
form the  like  duties  as  the  treasurers  of  the  several  counties 
of  this  state,  are  by  the  said  act  required  to  do  and  perform, 
and  be  accountable  in  like  manner  to  the  said  mayor,  recorder 
and  aldermen,  as  the  supervisors  of  the  said  city,  and  once 
in  every  year,  between  the  third  Tuesday  of  November  and 
the  first  Tuesday  of  December,  and  at  such  other  times  and 
at  such  places  as  the  said  mayor,  recorder  and  aldermen 

98 


778  TAXES COLLECTION  OP. 

shall  direct,  exhibit  to  them  his  book  of  accounts,  and  all 
vouchers  relating  to  the  same,  to  "be  examined  and  audited  ; 
and  shall  also  before  entering  upon  the  execution  of  his  of- 
fice, give  the  like  security  by  bond,  to  the  mayor,  aldermen 
and  commonalty  of  the  said  city,  and  the  obligors  in  such 
bond,  their  heirs,  executors  or  administrators,  shall  jointly 
and  severally  be  liable  to  be  prosecuted  on  such  bond,  and 
such  chamberlain  shall  also  be  liable  to  such  other  actions, 
and  in  the  like  cases,  as  the  said  treasurers  of  the  other 
counties  are  respectively  liable  to  by  the  said  act,  and  the 
monies  recovered  in  any  such  action  shall  be  paid  and  applied 
in  the  like  manner  ;  and  in  case  of  the  death,  resignation  or 
removal  from  6ffice  of  such  chamberlain,  all  the  books  and 
papers  belonging  to  his  office,  shall  be  delivered  to  his  suc- 
cessor in  office,  upon  oath,  in  like  manner  as  in  the  case  of 
the  death,  resignation  or  removal  from  office  of  the  treas- 
urer of  any  other  county,  and  upon  refusal  or  neglect,  so  to 
do  when  lawfully  demanded,  every  person  so  refusing  or  neg- 
lecting shall  forfeit  the  like  penalties  to  the  mayor,  alder- 
men and  commonalty  of  the  said  city,  to  be  recovered  and 
applied  in  lihe  manner  as  in  the  case  of  such  refusal  or  neg- 
lect, on  the  death,  resignation  or  removal  from  office  of  the 
treasurer  of  any  other  county. 

How  monies  ra-       39.  §  CLII.  And  be  it  further  enacted,  That  all  monies  which 

ceiven      bv  him 

•hall  be  paid.  shall  comc  to  the  hands  of  the  chamberlain  of  the  said  city, 
for  the  maintenance  of  the  poor,  and  for  defraying  the  other 
contingent  expense^  of  the  said  city,  or  for  any  other  purpose 
in  the  said  city,  and  for  any  penalties  or  forfeiture  incurred 
by  virtue  of  this  act,  and  appropriated  hereby  to  the  use  of 
the  said  city,  shall  be  paid  by  him  to  such  persons  and  in 
such  manner  as  the  mayor,  aldermen  and  commonalty  of  the 
said  city  in  common  council  convened,  by  warrant  under  the 
hand  of  the  mayor  or  recorder  of  the  said  city,  presiding  in 
-  such  common  council,  shall  from  time  to  time  direct ;  and 
His  salary.  ^\^q  gg^jfj  chamberlain  shall  be  entitled  to  retain  for  his  servi- 
ces, the  sum  of  five  hundred  dollars  per  annum  ;  and  he  shall 

Annually  to  pub-  aunuallv  ou  the  first  Monday  in  December,  publish  in  one  or 

lish    an   account  •'  •'  \ 

of  receipts  and  jnorc  of  the  public  newspapers  in  the  said  city,  a  statement 
of  all  monies  received  by  him,  for  the  use  of  the  said  city, 
and  the  purposes  to  which  the  same  have  been  applied,  as 
mentioned  in  such  warrants. 


TAXES— COLLECTION  OF.  779 

40.  §  CLIII.  And  be  it  further  enacted,  That  it  shall  be    How  many  to 

'  ♦^  ,  constitute      quo- 

lawful  for  the  mayor,  recorder  and  aldermen  of  the  said  citv,  mm  of  supcrvi-. 

•'  "     sors. 

or  any  five  or  more  of  them, .of  v/hom  the  mayor  or  recorder 
shall  always  be  one,  to  do  and  perform  every  act  which  the 
said  mayor,  recorder  and  aldermen,  are  by  this  act  authoriz- 
ed or  required  to  do  in  relation  to  taxes,  and  all  questions  at 
any  meeting  shall  be  determined  by  the  opinion  of  the  m.a- 
jority  of  the  members  attending  the  same. 

41.  §  CLIV.  And  be  it  further  enacted,  That  if  any  mayor,  ^rj;';;^^;^^^^^^^ 
recorder  or  aldermen  of  the  said  city  or  county  of  New- York,  ^^  ^*^*y- 
shall  wilfully  neglect  or  refuse  to  perform  any  of  the  duties 
required  of  him  by  the  four  last  preceding  sections  of  this 

act,  he  shall  for  every  such  offence  incur  the  like  forfeiture 
as  in  the  case  of  such  refusal  or  neglect  by  any  supervisor  in 
the  other  counties  of  this  state,  by  virtue  of  the  said  act,  and 
to  be  recovered  and  applied  in  like  manner. 

40.  §  CLV.  And  be  it  further  enacted.  That  the  collectors  collectors  of 

„  ...  1  "^  r-vT  \7-      1        1      11  n      taxes  whento  pay 

of  taxes  m  the  city  and  county  of  New-iork,  shall  severally  monies  (•oiiened 
on  the  first  Monday  of  each  and  every  month,  and  oftener 
if  thereunto  required  by  the  said  chamberlain  or  treasurer, 
pay  to  the  said  chamberlain  or  treasurer  the  monies  by  them 
from  time  to  time  collected,  and  shall  exhibit  to  him  their 
respective  assessment  rolls  whenever  they  shall  be  so  re- And  exhibit  their 

^  1  1  1        1  r         1  assessment  rolls. 

quired  to  do  by  the  said  chamberlain,  for  the  inspection  of  the 
mayor,  aldermen  and  commonalty  aforesaid,  under  the  pe- 
nalty of  two  hundred  and  fifty  dollars  for  each  default  in  the  Penalty  fomeg 

.  ,  ,    „        .  ,         .  .  ^lect. 

premises,  to  be  sued  lor  in  any  court  having  cognizance  oi 

the  same ;  and  it  shall  be  the  duty  of  the  said  mayor  alder-  ^n^JJ^nlTp'ropria?- 

men  and  commonalty  in  common  council  convened,  to  prose-  ^^■ 

cute  for  the  same,  and  to  appropriate  such  penalties  when 

recovered  to  the  support  of  the  poor  of  said  city. 


780 


VAGRANTS. 


Enumeration  of 
vagrants. 


Revised  Statutes,   Vol.  1,  p.  632. 
TITLE  II. 

OF  BEGGARS  AND  VAGRANTS.* 

Sect.  1.  Persons  enumerated  who  are  to  be  deemed  vagrants. 

2.  Constables  when  required,  to  carry  vagrants  before  magistrates. 

3.  Authority  of  magistrates;  when  to  commit  vagrant  to  poor-house,  when  to  jail. 

4.  Children  begging,  to  be  sent  to  poor-house,  and  may  be  bound  out. 

§  1.  All  idle  persons  who,  not  having  visible  means  to 
maintain  themselves,  live  without- employmemt ;  all  persons 
wandering  abroad  and  lodging  in  taverns,  groceries,  beer- 
houses, out-houses,  market-places,  sheds  or  barns,  or  in  the 
open  air,  and  not  giving  a  good  account  of  themselves  ;  all 
persons  wandering  abroad  and  begging,  or  who  go  about 
from  door  to  door,  or  place  themselves  in  the  streets,  high- 
ways, passages,  and  other  public  places,  to  beg  or  receive 
alms,  shall  be  deemed  vagrants.  (24) 


To  be  brought  be-  ^  ^-  ^^  ^^^^^^  be  tlic  dutv  of  cvcrv  constablc  or  other  peace- 
fore  magistrates.  Qfl^cer,  whcnevcr  required  by  any  person,  to  carry  such  va- 
grant before  a  justice  of  the  peace  of  the  same  town,  or  be- 
fore the  mayor,  recorder,  or  any  one  of  the  aldermen  of  the 
city  in  which  such  vagrant  shall  be,  for  the  purpose  of  ex- 
amination. 


Proceedings. 


When  vagrants 
to  be  sent  to 
county  poor- 
house,  when  to 
jail. 


§  3.  If  such  justice  or  other  officer  be  satisfied  by  the 
confession  of  the  offender,  or  by  competent  testimony,  that 
such  person  is  a  vagrant,  within  the  description  aforesaid,  he 
shall  make  up  and  sign  a  record  of  conviction  thereof,  which 
shall  be  filed  in  the  office  of  the  clerk  of  the  county  ;  and 
shall,  by  warrant  under  his  hand,  commit  such  vagrant,  if  he 
be  not  a  notorious  offender,  and  be  a  proper  object  for  such 
relief,  to  the  county  poor-house,  if  there  be  one,  or  to  the 
alms-house  or  poor-house  of  such  town  or  cit)^  for  any  time 
not  exceeding  six  months,  there  to  be  kept  at  hard  labor ;  or 
if  the  offender  be  an  improper  person  to  be  sent  to  the  poor- 

*  Vide  Title  "  Police,"  act  of  1833,  p.  602.  So  early  as  13th  of  May,  1691,  V.  S.  Vol.  1, 
p.  4,  an  act  was  passed  in  relation  to  "  maintaining  the  poor  and  preventing  vagabonds." 
The  subsequent  enactmenls  may  be  lound  in  Jones  &.  V.  Vol.  2,  p.  2^21  .Gr.  Vol.  2,  p.  52. 

K.  &  R.  Vol.  1,  p.  123. 

(24)  1  R.  L.  114,  $  I. 


VESSELS SUBJECT  TO  QUARANTINE.  "^^l 

house,  then  he  shall  be  committed  to  the  bridewell  or  house 
of  correction  of  such  city  or  county,  if  there  be  one,  and  if 
none,  to  the  common  jail  of  such  county,  for  a  term  not  ex- 
ceeding sixty  days,  there  to  be  kept,  if  the  justice  think  pro- 
per so  to  direct,  upon  bread  and  water  only,  for  such  time  as 
shall  be  directed,  not  exceeding  one  half  the  time  for  which 
he  shall  be  committed. 

§  4.  If  any  child  shall  be  found  begging  for  alms,  or  solicit-  iVo^^'^dJit'w^Th"*' 
ing  charity  from  door  to  door,  or  in  any  street,  highway,  or 
public  place  of  any  city  or  town,  any  justice  of  the  peace,  on 
complaint  and  proof  thereof,  shall  commit  such  child  to  the 
county  poor-house,  if  there  be  one,  or  to  the  alms-house  or 
other  place  provided  for  tiie  support  of  the  poor,  there  to  be 
detained,  kept,  employed  and  instructed  in  such  useful  labour 
as  such  child  shall  be  able  to  perform,  until  discharged  there- 
from by  the  county  superintendents  of  the  poor,  or  bound  out 
as  an  apprentice  by  them,  or  by  the  commissioners  of  the 
alms-house,  or  the  overseers  of  the  poor. 


VE§.§EIjS— Siil>ject  to  quarantine. 

Vide  Title  "  public  health,"  p.  608. 

Revised  Statutes,  Vol.  1,  p.   49. 

§  8.  No  vessel  subject  to  quarantine  in  the  port  of  New-  Certain  vessel 
York,  shall  proceed  beyond  the  place  of  quarantine  on  Staten-  Jagc- 
Island,  to  the  village  of  Brooklyn,  without  a  permit  from  the 
health  officer  of  the  city  of  Ncw-Yo.k, 

§  9.  The  master  of  every  such  vessel  arriving  in  the  vil-  Duty  of  maBter.. 
lage  of  Brooklyn,  simll  within  six  hours  after  such  arrival,  de- 
liver the  permit  of  the  health  officer  to  the  president  of  the 
board  of  health  of  the  village,  or  to  such  person  as  he  shall 
direct. 


§  10.  Every  master  who  shall  violate  the  provisions  of 
either  of  the  last  preceding  sections  shall  be  deemed  guilty  of 
a  misdemeanor,  punishable  by  fine  or  imprisonment,  or  both, 
in  the  discretion  of  the  court  by  which  he  shall  be  tried  ;  the 


Penalties. 


782  WEIGH  MASTERS^THEiR  duty. 

fine  for  each  offence  not  to  exceed  two  hundred  and  fifty  dol- 
lars, nor  the  imprisonment  six  months. 


VICE  CHANCELLOR. 

Sec.  1.  To  reside  in  the  city  of  New- York. 

2.  To  be  of  the  degree  of  councellor,  appointment  and  salary. 

3.  Jurisdiction  of. 

CHAP.  XVI. 

AN  ACT  to  establish  the   Office  of  Vice  Chancellor  of  the 
First  Circuit, 

Passed  January  28,  1831,  p.  12. 

The  People  of  the  State  of  New -York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

§  1.  There  sliall  be  an  officer  of  the  court  of  chancery, 
who  shall  reside  in  the  city  of  New- York,  and  be  denomina- 
ted the  vice  chancellor  of  the  first  circuit. 

§  2.  He  shall  be  of  the  degree  of  councellor  of  the  court 
of  chancery;  shall  be  appointed  in  the  same  manner,  and 
liold  his  office  by  the  same  tenure  as  the  circuit  judges,  and 
shall  receive  an  annual  salary  of  two  thousand  dollars,  to  be 
paid  quarterly  out  of  the  general  fund  of  the  state. 

§  3.  After  the  first  day  of  May  next,  he  shall  have  and 
exercise  the  jurisdiction  and  power,  and  perform  the  duties 
which  by  the  Revised  Statutes  or  otherwise,  are  conferred 
upon  or  required  to  be  performed  by  the  circuit  judge  of  the 
first  circuit,  as  a  vice-chancellor  of  the  court  of  chancery  ; 
and  as  to  such  jurisdiction,  powder  and  duties,  shall  be  sub- 
stituted in  the  place  of  the  said  circuit  judge,  and  all  the  pro- 
visions of  law  which  are  applicable  to  the  said  circuit  judge, 
as  a  vice  chancellor,  shall  be  considered  as  applying  to  the 
vice  chancellor  of  the  first  circuit,  to  be  appointed  under  this 
act. 


WEIGH  MASTERS—Tlicir  duty. 

1.  WeigJi  masters  to  be  appointed  and  their  oath. 

ACT  to  reduce,  <^c.— Passed  April  9,  1813,;?.  437. 

Corporation  to       1.  §  CCXX  XVIII.  And  bc  it  further  enactdd,  That  the  said 
maC^^'^*''  mavor,  aldermen  and  commonalty,  may  appoint  as  many 


i 


WEIGHTS  AND  MEASURES.  783 

weighmasters  for  the  said  city  as  they  shall  from  time  to 
time  think  necessary,  and  the  same  displace  and  appoint 
others  in  their  stead  whenever  they  may  think  proper,  and 
also  fix  and  alter  the  compensation  to  such  weigh  masters  : 
and  every  weigh  master  so  by  them  to  be  appointed,  shall, 
before  he  enters  upon  the  duties  of  his  office,  take  and  sub- 
scribe the  following  oath,  or  affirmation,  before  the  mayor 
or  recorder,  of  the  said  city,  viz : 

"I,  ,  do  solemnly  and  sincerely  swear     Their  oath, 

(or  affirm,  as  the  case  may  be,)  that  I  will  faithfully  and  hon- 
estly, to  the  best  of  my  skill  and  understanding,  perform  the 
duties  of  a  weigh  master  in  the  city  of  New-York." 


WEIGHTS  ANI>  MEASURES. 

Revised  Statutes,  Vol.  1,  p.  608. 

TITLE  II. 

OF  WEIGHTS  AND  MEASUERS. 

1.  But  one  standard  of  weights,  &c.  throughout  the  state. 

2,  3.  'Standard  yard  established  and  precisely  defined. 

4.  Standard  yard  how  to  be  prepared  ;  how  restored  in  case  of  loss. 

5.  Yard  to  be  divided  into  feet,  inches,  &c. 

0,  Rud,  pole  or  perch  ;  furlong  and  mile  defined. 

7.  Acre  liow  to  be  measured  ;  its  contents. 

8.  Standard  weight  to  he  the  pound  ;  definition  of  ounces. 

9.  Standard  pound  how  to  be  made;  how  restored  in  case  of  loss. 

10.  Pound  divided  into  ounces;  definition  thereof. 

11.  Standard  of  raeasuies  of  capacity,  to  be  the  gallon  ;  definition  thereof. 

12.  Standard  gallon  how  to  be  made;  how  restored  in  case  of  loss. 

13.  Ail  other  measures  of  capacity  to  be  derived  from  gallon. 

14.  Definition  of  the  standard  bushel. 

15.  i6.  Bushel  to  be  the  standard  in  heaped  measure;  how  made  aud  heaped. 

17.  Dry  commodities  not  heaped,  how  to  be  measured,  &c. 

18.  Future  contracts  to  be  construed  in  reference  to  standards  herein  established. 

19.  How  liquors  paying  duties  to  U.  S.  may  be  sold. 

20.  Original  standards  where  toTie  deposited. 

21.  22,  23.  Copies  of  standards  to  be  made ;  how  distributed  and  compared. 
24, 25.  Devices  to  be  impressed  on  copies;  how  to  be  recorded. 

20.  Town  sealers  to  compare  ;-opies  once  in  three  years. 

27.  Weights  ^nd  measures  when  to  be  sealed  and  marked. 

28.  Fees  of  sealers. 

29.  Sealer  resigning,  &c.  to  deliver  to  successor  all  standards  in  his  possession. 

30.  Like  delivery  by  representatives  of  sealer  dying. 

31.  32.  If  not  delivered,  successor  to  sue  ;  rule  of  damages,  &c. 

33.  Liability  of  persons  using  weights,  &c.  not  conformable  to  this  Title. 
S"..  Surveyors  to  make  oath  to  accuracy  of  chain  used  by  them. 

35.  Plundred  r/eight  and  ton  defined. 

36.  Standard  weight  of  certain  grain  established. 

37.  Load  in  Kings  county,  &c. 

38.  Fees  of  measurers. 

39.  Common  council  of  Xew- York  may  appoint  inspectors,  &c. 

40.  Duties  and  fees  of  inspectors,  &:c- 


784  WEIGHTS  AND  MEASURES, 

Weights, &€.  to       §  1,  There  shall  be  but  one  standard  of  measure  of  len<xth 

be  uiiiloriu.  .  o 

and  surface,  one  of  weight,  and  one  of  measure  of  capacity, 
throughout  this  state.  (1) 

standard  yard.  ^  2.  The  Unit  or  Standard  measure  of  length  and  surface, 
from  whence  all  other  measures  of  extension,  whether  they 
be  Hneal,  superficial,  or  solid,  shall  be  derived  and  ascertain 
ed,  shall  be  the  yard,  as  used  in  this  state  on  the  fourth  day 
o-f  July,  one  thousand  seven  hundred  and  seventy-six.(l) 

iwd.  ^  3,  YoY  the   precise  definition  of  the   said  yard,  and  in 

order  to  its  recovery  in  case  of  loss,  it  is  declared  (until  the 
measure  of  the  pendulum  shall  be  transferred  to  some  appro- 
priate public  building,)  that  such  yard  has  been  found,  by 
experiments  made  with  a  pendulum,  with  a  brass  rod  at  Co- 
lumbia college,  in  the  city  of  New-York,  in  the  latitude  of  forty 
degrees,  forty-two  minutes,  and  forty-three  seconds  north, 
to  bear  to  the  pendulum  of  that  place,  vibrating  seconds  in  a 
vacuum,  at  the  temperature  of  melting  ice,  the  proportion  of 
one  million,  to  one  million  eighty-six  thousand  one  hundred 
and  forty-one.  (1) 

Ibid.  5  4.  The  standard  yard-  thus  defined,  shall  be  measured  in 

a  straight  line  between  two  points  engraven  upon  golden 
disks,  inserted  into  a  straight  brass  rod ;  and  in  case  the 
same  shall  be  lost,  or  otherwise  destroyed,  defaced,  or  in- 
jured, it  shall  be  restored  according  to  the  proportions  men- 
tioned in  the  preceeding  section,  under  the  direction  of  the 
secretary  of  state,  as  state  sealer  of  weights  and  measures. 

division  of  yard.  §  5-  The  yard  shall  be  divided  .  into  three  equal  parts,- 
called  feet,  and  each  foot  into  twelve  equal  parts,  called 
inches  ;  and  for  measures  of  cloths,  and  other  commodities 
commonly  sold  by  the  yard,  it  may  be  divided  into  halves, 
quarters,  eighths  and  sixteenths. 

Rod,  furlong  and  ^  ^^  ^hc  rod,  polc,  or  pcrch,  shall  contain  five  such  yards  ; 
and  a  half;  the  furlong,  two  hundred  and  twenty  such 
yards  ;  and  the  mile,  one  thousand  seven  hundred  and  sixty 
such  yards. 

{1)1R.  L.  376,  §]. 


WEIGHTS  AND  MEASURES.  785 

§  7.  The  acre,  for  land  measure,  shall  be  measured  horizon-  contenta  of  acr«. 
tally,  and  shall  be  equal  to  a  rectangle  sixteen  such  perches 
in  length,  and  ten  in  breadth,  and  shall  contain  one  hundred 
and  sixty  square  perches,  or  four  thousand  eight  hundred 
and  forty  square  yards  ;  six  hundred  and  forty  such  acres 
being  contained  in  a  square  mile (2) 

§  8.  The  unit  or  standard  of  weight,  from  which  all  other  define"^  ^"^^ 
weights  shall  be  derived  and  ascertained,  shall  be  the  pound, 
of  such  magnitude,  that  the  weight  of  a  cubic  foot  of  distill- 
ed water,  at  its  maximum  density,  weighed* in  a  vacuum  with 
brass  weights,  shall  be  equal  to  sixty-two  and  a  half  such 
pounds. 

§  9.  Such  standard  pound  weight  shall  be  made  of  brass,  J^.  how  made, 
and  in  case  of  loss,  shall  be  restored  by  making  a  new  stand- 
ard, determined  according  to  the  proportions  mentioned  in 
the  last  section,  under  the  direction  of  the   state   sealer  of 
weights  and  measures. 

§  10.  The  pound  shall  be  divided  into  sixteen  equal  parts,  ib.  divided  into 

,  ounces. 

called  ounces,  of  which  parts  the  cubic  foot  of  distilled  wa- 
ter, under  the  same  circumstances,  mentioned  in  the  eighth 
section  shall  weigh  one  thousand. 

§  11.  The  unit  or  standard  of  measures  of  capacity,  as  standard  gallon 
well  for  liquids,  as  for  dry  commodities,  not  measured  by 
heaped  measure,  from  which  all  other  measures  of  capacity 
shall  be  derived  and  ascertained,  shall  be  the  gallon,  which 
shall  be  a  vessel  of  such  capacity,  as  to  contain,  at  the  mean 
pressure  of  the  atmosphere,  at  the  level  of  the  sea,  ten  pounds 
of  distilled  water,  at  its  maximum  density. 

§  12.  Such  standard  gallon  shall  be  made  of  brass,  and  in    ib.  how  made, 
case  of  loss,  shall  be  restored  according  to  the  proportions 
mentioned  in  the  last  section,  under  the  direction  of  the  state 
sealer  of  weights  and  measures. 

§  13.  All  other  measures  of  capacity  shall  be  derived  of  M^adty*"*^^ 
from  the  gallon,  by  continual  multiplication  or  division  by 
the  number  two,  being  in  the  descending  scale,  half  gallons, 

(2)  1  R.  L.  109. 

i)9 


78(5  WEIGHTS  AND  MEASURES. 

quarts,  pints,  half  pints,  and  gills  ;  and  in  in  the  ascending^ 
scale,  pecks,  half  bushels,  and  bushels. 

Bushel  defined.  J  14^  ^]^q  bushel  shall  Contain,  at  the  mean  pressure  of 
the  atmosphere,  at  the  level  of  the  sea,  eighty  pounds  of 
distilled  water,  at  its  maximum  density. 

Heaped  measure.  ^  i^.  The  Standard  mcasurcs  of  capacity  for  coal,  ashes, 
marl,  manure,  Indian  corn  in  the  ear,  fruit  and  roots  of  every 
kind,  and  for  all  other  commodities,  commonly  sold  by  heap- 
ed measure,  shall  be  the  aforesaid  bushel;  and  the  measures 
used  to  measure  such  commodities,  shall  be  made  round, 
with  a  plain  and  even  bottom,  and  shall  be  of  the  following 
diameters  at  top,  measured  from  outside  to  outside  ;  the 
bushel,  nineteen  and  a  half  inches ;  the  half  bushel,  fifteen 
and  a  half  inches ;  and  the  peck,  twelve  and  a  third  inches.- 

'*••  §  16.  All  commodities  sold  by  heaped  measure,  shall  he 

duly  heaped  up  in  the  form  of  a  cone,  the  outside  of  the 
measure  by  which  the  same  shall  be  measured,  to  be  the 
extremity  of  the  base  of  such  cone,  and  such  cone  to  be  as 
high  as  the  articles  to  be  measured,  will  admit. 

Dry  artfcici  not  §  17.  The  mcasurcs  used  for  measuring  dry  commoditfes 
not  heaped,  shall  be  stricken  with  a  round  stick  or  roller^ 
straight,  and  of  the  same  diameter  from  end  to  end. 

howeonnS!^*  ^  ^®-  ^^^  contracts  hereafter  to  be  executed,  made  withinf 
this  state,  for  any  work  to  be  done,  or  for  any  thing  to  be 
sold,  delivered,  done,  or  agreed  for,  by  weight  or  measure, 
shall  be  taken  and  construed,  to  be  made  according  to  the 
standard  weight  and  measures  thus  ascertained. 

duUMTo'aS'"^  §  19.  Nothing  contained  in  the  present  Title  shall  pre 
vent  the  sale  of  liquors  and  wines,  paying  duties  to  the  go- 
vernment of  the  United  States,  by  the  measures  of  capacity 
used  in  the  custom-houses,  while  the  original  casks  or  other 
vessels  in  which  the  same  were  imported. 

Original  stand-      §  20.  The  Original  standards,  which  shall  be  made  in  con- 
formity to  the  provisions  of  this  Title,  shall  be  deposited  in 


WEIGHTS  AND  MEASURES.  787 

the  office  of  the  state  sealer  in  a  chest,  under  three  locks, 
whereof  the  keys  shall  be  kept  by  the  chancellor,  the  chief 
justice,  and  the  state  sealer  for  the  time  being ;  which  chest 
shall  only  be  opened  in  the  presence  of  two  of  such  officers, 
for  the  sole  purpose  of  comparing  such  standards  with  the 
copies  herein  after  described ;  unless  by  a  joint  resolution 
of  the  two  houses  of  the  legislature,  or  on  the  call  of  either 
house  for  information,  or  by  order  of  the  governor  for  scien- 
tific purposes. 

§  21.  Copies  of  the  said  original  standards,  to  be  made  of  copiet  thereof 
such  materials  as  the  state  sealer  shall  direct,  shall  be  depos-  ^°*^  '*"''*°* 
ited  by  him  in  the  offices  of  the  clerks  of  the  supreme  court 
at  New- York,  Albany  and  Utica,  in  chests  under  two  locks, 
whereof  the  keys  shall  be  kept  by  a  judge  and  the  clerk  of 
the  court ;  which  chests  shall  only  be  opened  in  the  pres- 
ence of  such  judge,  for  the  purpose  of  comparing  such 
copies  with  the  copies  herein  after  directed  to  be  deposited 
with  the  county  clerks  for  general  use  ;  unless  by  a  joint  re- 
solution of  the  two  houses  of  the  legislature,  or  on  the  call 
of  either  house  for  information,  or  by  order  of  the  governor 
for  scientific  purposes. 

§  22.  Copies  of  such  original  standards  for  general  use,  to  *"d. 
be  made  of  such  materials  as  the  state  sealer  shall  direct, 
shall  be  deposited  by  him,  in  the  offices  of  the  assistant  state 
sealers,  the  sealer  of  the  city  and  county  of  New-York, 
and  the  several  county  sealers,  who  shall  severally  be  re- 
sponsible for  the  preservation  of  the  copies  respectively 
delivered  to  them,  and  shall  cause  them  to  be  compared,  once 
in  every  five  years,  with  the  copies  existing  in  the  offices  of 
of  the  clerks  of  the  supreme  court. 

^  23.  Like  copies  of  such   original  standards,   shall  be  rb.  of  eounty  by 

•        11         1  1  1  1  .  1  act  of  1831,  p.  ai. 

transmitted  by  the  state  sealer,  to  the  several  county  sealers, 
to  be  furnished  by  them  to  town  sealers  in  their  respective 
counties,  at  the  expense  of  the  towns. 


§  24.  The  state  sealer  shall  cause  to  be  impressed  on  each  Devices  on  eoan- 
of  the  copies  of  such  original  standards,  the  letters  N.  Y.  ^**^^'^' 
and  such  other  additional  device,  as  he  shall  direct  for  the 


788  WEIGHTS  AND  MEASURES. 

particnlar  county ;  which  device  shall  be  recorded  in  the 
secretary's  office,  and  a  copy  thereof  delivered  to  the  re- 
spective county  sealers. 

SfpYe'L^'  °"  ^°^  5  2^-  '^^^  several  county  sealers  of  weights  and  nneas- 
ures,  except  in  the  city  and  county  of  New-York,  shall  fur- 
nish the  town  sealer  of  each  town,  in  their  respective  coun- 
ties, with  copies  of  such  standards  at  the  expense  of  the 
town,  on  which  the  county  sealer  shall  impress,  in  addition 
to  the  state  device  and  the  county  device,  such  other  device 
as  the  board  of  supervisors  shall  direct,  for  the  several  towns 
in  the  county  ;  which  town  device  shall  be  recorded  in  the 
clerk's  office  of  the  county. 

Towncopiescom-  ^  26.  It  shall  be  the  duty  of  the  town  sealers  of  weights 
and  measures,  to  compare  such  copies  once  in  every  three 
years,  with  those  existing  in  the  office  of  the  county  seal- 
er.(3) 

JL'ied  aAd  maX-      §  ^7.  The  scvcral  assistant  state  sealers,  the  sealer  of  the 
^^'  city  and  county  of  New- York,  the  county  sealers  and  town 

sealers,  shall  compare  all  w^eights  and  measures,  which  shall 
be  brought  to  them  for  that  purpose,  with  the  above  mention- 
ed copies  of  such  standards  in  their  possession ;  and  when 
the  same  are  found  or  made  by  him  to  conform  to  the  legal 
standard,  the  officer  comparing  them,  shall  seal  and  mark 
such  weights  and  measures.  (4) 

Fees  of  sealers.  ^28.  Each  sealcr  shall  be  entitled  to  receive  for  his  servi- 
ces, at  and  after  the  following  rates  : 

For  sealing  and  marking  every  beam,  twelve  and  a  half 
cents  : 

For  sealing  and  marking  measures  of  extension,  at  the 
rate  of  twelve  and  a  half  cents  per  yard,  not  to  exceed  fifty 
cents  for  any  one  measure : 

For  sealing  and  marking  every  weight,  three  cents : 

For  sealing  and  marking  liquid  and  dry  measures,  if  the 
same  be'  of  the  capacity  of  a  gallon,  or  more,  twelve  and  a 
cents.  He  shall  also  be  entitled  to  a  reasonable  compensa- 
tion for  making  such  weights  and  measures  conform  to  the 
standard  established  by  this  Title.  (4) 

(3)  1  R.  L.  377,  §  7.  (4)  lb.  vS  8. 


WEIGHTS  AND  MEASURES.  789 

§  29.  Whenever  either  of  the  assistant  state  sealers  shall  |7'^^  J^^,f  s^;"^, 
resign,  be  removed  from  office,  or  remove  from  the  city  of  standards. 
Albany  or  the  county  of  Oneida;  or  whenever  any  city, 
county,  or  town  sealer  shall  resign,  be  removed  from  office, 
or  remove  from  the  city,  county  or  town  for  which  he  shall 
have  been  appointed  or  elected,  it  shall  be  the  duty  of  the 
person  so  resigning,  removed  or  removing,  to  deliver  to  his 
successor  in  office,  all  the  standard  beams,  weights  and  meas- 
ures in  his  possession. 

§  30.  In  case  of  the  death  of  any  such  sealer  of  weights  ib.  sealer  dying, 
and  measures,  his  representatives  shall,  in  like  manner,  de- 
liver to  his  successor  in  office,  such  beams,  weights  and 
measures.  (5) 

§31.  In  case  of  refusal  or  neglect  to  deliver  such  stand-  penalty  fomeg 
ards  entire  and  complete,  the  successor  in  office  may  main- 
tain an  action  on  the  case  against  the  person  or  persons  so 
refusing  or  neglecting,  and  recover  double  the  value  of  such 
standards  as  shall  not  have  been  delivered.  And  in  every 
such  action,  in  which  judgment  shall  be  rendered  for  the 
plaintiff,  he  shall  recover  double  costs.  (6) 

§  32.  One  moiety  of  the  damages  recovered  in  every  such  appS!"  *'*'"' 
action,  shall  be  retained  by  the  person  recovering ;  and  the 
other  shall  be   by  him  applied  to  the  purchase  of  such  stan- 
dards, as  may  be  required  in  his  office.  (6) 

§  33.  If  any  person  or  persons    shall   hereafter   use   any  xjsing  weights, 
weights,  measures,  or  beams,  in  weighing  or   measuring,  n/ahie'tothfr 
which  shall  not  be  conformable  to  the  standards  of  this  state,  ^"''" 
established  in  this  Title,  whereby  any  purchaser  of  any  com- 
modity or  article  of  trade  or  traffic,  shall  be  injured  or  de- 
frauded, such  purchaser  may  maintain  an  action  on  the  case 
against  the  offender  ;  and  if  judgment  shall  be  rendered  for 
the  plaintiff,  he  shall  recover  treble  damages  with  costs  of 
suit.  (7) 

§34.  No  surveyor  shall  give  evidence  in  any  cause  de-  surveyors  to 
pending  in  any  of  the  courts  of  this  state,  or  before  arbitra- 
tors, respecting  the  survey  or  measurement  of  lands,  unless 

{5)  1  R.  L.  377,  $  11.    •      (6)  Ib.  (7)  lb.$  12. 


'3'90  WEIGHTS  AND  MEASURES. 

such  surveyor  shall  make  oath,  if  required,  that  the  chain  or 
measure  used  by  him  was  confoo-mable  to  the  standards  of 
this  state,  established  by  law  at  the  time  such  survey  was 
made.  (8) 

Hundred  weight       §  35.  The  huudrcd  weight  shall  consist  of  one  hundred 

and  ton.  ^ 

pounds  avordupois,  and  twenty  such  hundreds  shall  consti- 
tute a  ton. 

tl^er^Z^  ^"'2''*  §  36.  Whenever  wheat,  rye,  or  Indian  corn  shall  be  sold 
by  the  bushel,  and  no  special  agreement  as  to  the  measure- 
ment or  weight  thereof,  shall  be  made  by  the  parties,  the 
bushel  shall  consist  of  sixty  pounds  of  wheat,  and  of  fifty- 
six  pounds  of  rye,  or  Indian  corn. (9) 

«';Load"  in  §  37.  In  the  counties  of  Kings,  Queens  and  Richmond, 

Kintis  &c.  o    '      w  T 

fourteen  bushels  of  heaped  measure,  shall  be  estimated  to 
make  a  load.(lO) 

^^^Feesof  meas-  ^  yg^  rpj^^  scvcral  mcasurcrs  of  grain  shall  be  entitled  to 
receive  for  measuring  flaxseed,  wheat,  rye,  corn,  buckwheat, 
or  any  other  article  usually  sold  by  the  bushel,  one  half  cent 
per  bushel  and  no  more  ;  the  one  half  to  be  paid  by  the  buy- 
er and  the  other  half  by  the  seller. 

Inspector  and         39.  §  IV.  And  be  it  further  enacted,  That  it  shall  be  lawful 

scalers  may  be  ■>  ^'  ' 

appointed.  Pass-  for  thc  mavor,  aldcrmeu  and  commonaltv  of  the  citv  of  New- 

ed  Marrli  27ih,  J        ■  *  .- 

1821,  vol.  5,  p.  70,  York,  in  common  council  convened,  to  appoint  an  inspector 
of  weights  and  measures,  and  as  many  sealers  of  weights 
,and  measures  as  they  may  deem  proper,  in  the  city  and  coun- 
ty of  New- York,  and  at  pleasure  to  remove  him  or  them  from 
office,  and  to  appoint  others  in  their  places. 

f)utiosandffe.sof      §  40.  V.  Aud  he  it  further  enacted.  That  it  shall  be  lawful 

inspectors  and  '^ 

^t^^'^'^'ow  ^^-  for  the  mayor,  aldermen  and  commonalty  of  the  city  of  New- 
York,  in  common  council  convened,  from  time  to  time  to  pass 
such  by-laws  and  ordinances  as  they  may  deem  proper  for 
regulating  the  duties  and  fees  of  the  said  inspector,  and  of 
the  sealers  of  weights  and  measures,  and  for  imposing  such 
penalties  for  using  weights  and  measures  and  scale-beams, 

(8)  1  R.  L.  377,  §  10.        (9)  Laws  of  1821,  p.  26,  $  3.        (10)  1  R.  L.  152,  ^  3. 


WEST  STREET.  "^^l 

which  shall  not  have  been  inspected  and  sealed,  in  conformi- 
ty to  such  by-laws  and  ordinances,  as  the  said  common  coun- 
cil may  from  time  to  time  pass  and  ordain  upon  the  subject : 
Provided,  such  by-laws  and  ordinances  shall  not  be  repug- 
nant  to  the  constitution  and  law^s  of  this  state  or  of  the  Uni- 
ted States* 


WEST-STREET. 

Sect.  1.  West-street  made  a  permanent  exterior  street. 
2.  Plan  of  may  be  changed. 

CHAP.  CXLIX. 

AN  ACT  relative  to  improvements  in  the  City  of  New-York, 
relating  to  West- Street. 

Passed  March  31 ,1828,  p.  163. 

Tile  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

1  §  I.  West-street,  along  the  North  or  Hudson  river,  as 
laid  out  and  approved  by  the  mayor,  aldermen  and  common- 
alty of  the  city  of  New- York,  shall  be  the  permanent  exte- 
rior street  on  the  North  or  Hudson  river,  from  the  present 
northerly  termination  of  West-street  to  its  intersection  wdth 
a  continuation  of  the  Great  Kil!  Road  ;  and  that  all  grants 
made  or  to  be  made  by  the  said  mayor,  aldermen  and  com- 
monalty, shall  be  construed  as  rightfully  made  to  extend 
thereto,  and  all  the  provisions  of  the  act,  entitled  "  an  act 
to  reduce  several  laws  relating  particularly  to  the  city  of 
New-York  into  one  act,"  passed  April  9th,  1813,  and  the 
several  acts  amendatory  thereof,  and  in  addition  thereto, 
shall  be  construed  to  apply  to  said  West-street  herein  and 
hereby  made  the  permanent  exterior  street  as  aforesaid. 


CHAP.  VIII. 

AN  ACT  relative  to  the  Line  of  West- street,  between  the  Al- 
bany Basi:i  and  Battery  Place,  (late  Mar  he  tfield- street,)  in 
the  City  of  New-York. 

Passed  January  18,  1830,  p.  8. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

2.  §  I.  It  shall  be  lawful  for  the  mayor,  aldermen  and  com- 
monaltv  of  the  city  of  New- York,  whenever  West-street 


"5^92  WELLS  AND  PUMPS. 

shall  be  made  between  the  Albany  basin  and  Battery  place, 
(late  Marketfield-street,)  in  the  said  city  to  alter  the  plan  or 
direction  thereof,  as  heretofore  laid  out,  approved  of  or 
agreed  upon,  in  such  manner  that  the  line  thereof  shall  run 
parallel  with  the  line  of  Washington-street,  and  that  the 
easterly  side  thereof  shall  be  one  hundred  and  eighty  feet 
distant  from  the  westerly  side  of  Washington-street,  at  the 
termination  of  the  said  streets,  or  Battery  place,  (late  Mar- 
ketfield-street,) in  the  said  city. 


WELI.S  AMD  PUMPS. 

[Thirty -Seventh  Session. —  Vol  2,  p,  425.] 

Sect.  1.  Wells  and  pumps  to  be  made  and  expenses  of. 
,  2.  Overseers  of  wells  and  pumps  to  be  appointed. 

3.  Duty  of  overseers. 

4.  Penalty  for  neglect  of  duty. 

5.  Overseers  to  account. 

6.  Penalty  for  persons  damaging  pumps,  how  recovered. 

Act  to  reduce,  <^c. — Po.ssed  1813. 
.,      1.  §  CC.  And  he  it  further  enacted,  That  whenever  in  the 

fjommon  council  ^  -^  ' 

am?^"um"'g^"o  be  <^pi^ic>n  of  the  mayor,  aldermen  and  commonalty  of  the  said 

made.  City,  in  commou  council  convened,  it  shall  be   expedient  to 

make  a  public  well  or  pump  in  any  street  or  road  of  the  said 

city,  it  shall  be  lawful  for  the  said  common  council,  to  order 

the  same  to  be  done  accordingly,  in  such  manner  and  at  such 

Expense,  jimv  placc  as  thcv  shall  think  most  advisable,  and  the  expense 

estimated,  assess-  ^  *^  n     u 

•«d  and  paid.  thereof  shall  be  estimated  and  assessed  among  all  the  own- 
ers or  occupants  of  the  houses  and  lots  of  ground  intended  to 
be  benefitted  thereby,  in  the  manner  directed  in  and  by  the 
one  hundred  and  seventy-fifth  section  of  this  act,  and  shall 
be  binding  and  conclusive  in  the  manner  therein  prescribed, 
and  shall  be  collected  in  the  manner  therein  directed,  or  in 
the  manner  directed  in  the  two  hundred  and  fifty-ninth  sec- 
tion of  this  act. 

Overseers  of  2.  §  CCI.  And  hc  it  further  enacted,  That  it  shall  and  may 
tTbeappoiS!"  be  lawful  to  and  for  the  mayor,  recorder  and  aldermen,  or  any 
five  or  them,  whereof  the  mayor  or  recorder  to  be  one,  and 
they  are  hereby  directed  and  required  on  the  first  Tuesday  in 
May  tiext,  and  on  the  first  Tuesday  in  May  in  every  year 
thereafter,  to  nominate  and   appoint  one  or  more  fit  person 


WELLS  AND  PUMPS.  793 

or  persons,  for  each  and  every  of  the  wards  of  the  said  city, 
being  inhabitants  of  the  said  city,  and  actually  resident  in  such 
respective  wards,  to  be  overseers  of  the  w^ells  and  pumps  in 
such  respective  wards,  for  the  year  next  ensuing  ;  all  which 
persons  so  to  be  appointed  as  aforesaid,  shall  have  the  care 
andcharge  of  all  and  every  the  public  wells  and  pumps,  which 
now  are  or  hereafter  shall  bs  sunk  or  made  in  the  ward  for 
which  he  or  they  shall  be  so  severally  appointed  overseers  as 
aforesaid,  of  which  appointment  so  to  be  made,  the  said  may- 
or or  recorder  with  three  or  more  aldermen,  shall,  within 
three  days  thereafter,  send  notice  in  writing,  to  each  and 
every  of  the  said  persons  so  by  them  to  be  appointed  over- 
seers as  aforesaid,  and  if  any  public  well  or  pump  shall  stand 
in  a  street  where  two  wards  do  join,  then  the  aldermen  of 
the  two  wards  so  joining,  or  if  they  disagree,  the  mayor  or 
recorder  with  them,  shall  direct  and  appoint  which  of  the 
overseers  shall  take  the  care  and  charge  of  such  well  or 
pump  ;  and  if  any  public  well  or  pump  shall  stand  in  a  street 
where  three  wards  do  join,  that  then  the  aldermen  of  the 
said  wards  so  joining,  or  the  major  part  of  them,  shall  direct 
and  appoint  which  of  the  said  overseers  shall  take  the  care 
and  charge  of  such  w^ell  or  pump. 

8.  §  CCIT.  And  be  it  further  enacted.  That  each  and  every  Duty  of  over- 
person  so  to  be  appointed  overseer  as  aforesaid,  shall  within 
eight  days  next  after  his  being  so  appointed,  and  notice  there- 
of to  him  given  as  aforesaid,  cause  all  and  every  the  w^ells 
and  pumps  whereof  he  is  or  shall  be  appointed  overseer  as 
aforesaid,  to  be  viewed,  examined,  cleansed,  and  put  in  good 
order  and  repair,  and  shall  so  keep  and  maintain  them  from 
time  to  time  as  long  as  he  shall  continue  overseer  thereof, 
and  shall  also  from  time  to  time  cause  new  pumps  to  be  put 
in  such  wells  as  the  alderman  and  assistant  of  the  ward  shall 
iudffe  necessarv  ;  and  in  case  anv  one  or  more  of  the  overse-  Vacancies  how 

**       "  "  ,  *"  filled, 

ers  to  be  appointed  by  virtue  of  this  act,  shall  remove  out  of  the 
said  city,  or  shall  die  before  the  expiration  of  one  year  next 
after  his  being  appointed,  or  being  appointed  shall  refuse  to 
act,  that  then  and  in  either  of  the  said  cases,  it  shall  and  may  be 
lawful  to  and  for  the  said  mayor,  recorder  and  aldermen,  of 
the  said  city,  or  any  five  of  them,  whereof  the  mayor  or  re- 
corder to  be  one,  by  a  majority  of  voices  to  appoint  another 
or  others  in  his  or  their  room  and  stead,  and  so  as  often  as 

iOO 


794  WELLS  AND  PUMPS. 


Overseers  t« 
keep  true  ac 


such  case  shall  happen '.  And  further,  That  all  and  every  the 
duu"e8°^  ^''P^"'  overseers  to  be  appointed  by  the  said  mayor,  recorder  and 
aldermen,  by  virtue  of  this  act,  shall  keep  just,  fair  and  exact 
accounts  of  all  and  every  sum  and  sums  of  money  which 
they  or  any  of  them  shall  pay  and  expend  in,  about  and  to- 
wards the  cleansing,  maintaining  and  keeping  in  good  repair 
the  w^ells  and  pumps  in  his  or  their  charge. 

Penalty  for  ncg-  4.  §  CCIIL  And  he  it  further  enacted,  That  in  case  any  or 
either  of  the  overseers,  so  to  be  appointed  by  virtue  of  this 
act,  shall  neglect  or  refuse  to  accept  the  office,  or  having 
accepted  thereof,  shall  neglect  or  refuse  to  do  his  duty  there- 
in, as  is  required  by  this  act,  every  such  person  shall,  for 
every  such  refusal,  neglect  or  delay,  forfeit  the  sum  of  twelve 
dollars  and  fifty  cents,  lawful  money  of  this  state,  to  be  re- 
How  rceovcrcd    CO  veered  by  action  of  debt,  with  costs  of  suit,  in  any  court 

and  appropriated  r       -xi  •        i  •  i-        •  •  i  r  i 

withm  this  state  havmg  cognizance  thereof,  by  any  person  or 
persons  w^ho  shall  sue  and  prosecute  the  same  to  effect ;  one 
half  of  which  forfeiture,  when  recovered,  shall  be  paid  to 
he  treasurer  or  chamberlain  of  the  said  city,  for  the  time 
being,  and  applied  towards  repairing  such  public  wells  and 
pumps  in  the  same  manner  as  the  other  monies  to  be  raised 
for  that  purpose  are  directed  to  be  appropriated,  and  the 
other  half  to  the  person  w^ho  shall  sue  and  prosecute  for 
the  same  to  effect  as  aforesaid. 

V 

Overseers  to  ac-  5.  §  CCIV.  And  he  it  further  cuacted,  That  the  overseers 
montiis.  "^  of  the  public  wells  and  pumps  in  each  of  the  wards  of  the 
said  city,  shall  once  in  every  three  months  render  to  the  may- 
or,  aldermen  and  commonalty  of  the  said  city  of  New-York^ 
in  common  council  convened,  a  just  and  true  account  upon 
oath,  of  all  and  every  sum  and  sums  of  money  by  him  or 
them  respectively  paid  and  expended  in  and  about  the  cleans- 
ing, amending  and  repairing  the  wells  and  pumps  aforesaid, 
together  with  the  vouchers  and  receipts  for  the  same,  to  be 
by  them  inspected,  examined  and  filed,  and  the  said  common 
council  of  the  city  of  New- York,  shall  thereupon  forthwith 
issue  their  warrant,  to  be  signed  by  the  mayor  or  recorder 
presiding  at  such  common  council,  directed  to  the  treasurer 
or  chamberlain  of  the  said  city,  for  the  time  being,  and  re- 
quiring him  to  pay  to  such  overseer  so  producing  vouchers 


WELLS  AND  PUMPS.  7di 

5ind  making  oath  to  his  account,  the  full  amount  thereof,  out 
of  any  monies  remaining  in  his  hands  for  such  purpose. 

And  whereas,  divers  disorderly  persons  have  frequently 
been  guilty  of  cutting  well-ropes  and  breaking  the  handles  of 
pumps,  and  doing  other  mischief  to  both,  for  prevention 
whereof  for  the  future. 

6.  §  CCY.  Be  it  further  enacted,  That   if  any   person  or  fo^„"f^^;^°  Pf/j 
persons  shall  wilfully  or  maliciously  cut  any  of  the   public  pumps,  &«. 
well-ropes,  or  break  or  injure  the  handles  thereof,  or  do  any 
other  hurt  or  damage  to  any  of  the  said  wells  or  pumps,  and 
shall  thereof  be  convicted  before  the  mayor,  recorder,  or  any 
one  of  the  aldermen  of  the  said  city,  either  by  the  confession 
of  the  party  or  parties  so  offending,  or  by  the  oath  of  one  or 
more  credible  witness  or  witnesses,  he,  she  or  they  shall  for 
every  such  offence  forfeit  the  sum  of  five  dollars,  to  be  re- 
covered with  costs  of  suit,  and  levied  by  warrant  under  the  How  recovered, 
hand  and  seal  of  such  mayor,  recorder  or  aldermen,  before 
whom  such  offender  or  offenders  shall  be  convicted,  one  half 
of  which  forfeiture  to  be  paid  to  the  treasurer  or  chamber- 
lain of  the  said  city,  for  the  time  being,  to  be  applied  as  afore- 
said, and  the  other  half  to  the  person  or   persons  who  shall 
prosecute  for  the  same  to  effect ;  and  upon  refusal  of  pay- ^jj^.^l^f"**"'^"''*/' 
ment  of  such  forfeitures  or  forfeitures,  and  want  of  sufficient  f"."J">'"^'^  ^o 
distress  whereon  the  same  can  be  levied,  then  the  mayor,  re- 
corder or  aldermen,  before  whom  such  conviction  shall  take 
place,  is  hereby  empowered  ancl  required,  by  warrant  under 
his  hand  and  seal,  to  commit  every  such  offender  to  the  bride- 
well or  house  of  employment  of  the  said  city,  there  to  re- 
main without  bail  or  mainprise,  for  the  space  of  one  month, 
or  until  such  forfeiture  and  costs  shall  be  paid  ;  and  if  such 
offence  shall  be  committed  by  any  apprentice,  servant  or 
slave,  such  forfeiture  shall  be  paid  by  his  or  her  master,  mis-  ***'•"'■  ''*^'*  *"' 
tress  or   owner,  or   in  default  thereof,  such  apprentice,  ser- 
vant or  slave  shall  be  committed  to  the  bridewell  or  house  of 
employment  of  the  said  city,  in  manner  aforesaid. 


795  WHARFAGE  AND  CRANAGE. 

WHARFAGE  A^D  CRANAGE. 

Sect.  1.  Rates  of  wharfage. 

2.  Wharfage  while  vessels  are  repairing  or  careening. 

3. how  collected. 

I  4.  Vessels  fastened  to  another. 

5.  Persons  liable  to  pay  wharfage. 

6.  Wharfage  may  be  levied  by  distress. 

7.  Rates  of  cranage. 

8.  Collection  of  wharfage  in  the  village  of  Brooklyn. 

Act  to  reduce,  ^c. — Revised  Laws,  Vol.  2,  p.  429. 

Passed  April  9th,  1813. 

Rates  of  wharf-       1.  §  CCXII.  And  be  it  further  enacted,  That  it  shall  be  law- 
age. 

ful  for  the  owners  of  w^harves  in  the  city  of  New- York,  to 

ask  and  receive  to  their  ow^n  use,  the  following  rates  of  wharf- 
age for  all  ships  and  vessels  using  their  wharfs  respectively* 
that  is  to  say,  for  every  vessel  under  the  burthen  of  fifty  tons, 
at  the  rate  of  fifty  cents  per  day  ;  for  every  ship  or  other  vessel 
of  the  burthen  of  fifty  tons  and  under  the  burthen  of  one  hun- 
dred tons,  at  the  rate  of  sixty-two  and  a  half  cents  per  day  ; 
for  every  ship  or  other  vessel  of  the  burthen  of  one  hundred 
tons,  and  under  the  burthen  of  one  hundred  and  fifty  tons,  at 
the  rate  of  seventy- five  cents  per  day  ;  for  every  ship  or 
other  vessel  of  the  burthen  of  one  hundred  and  fifty  tons  and 
under  the  burden  of  two  hundred  tons,  at  the  rate  of  eighty- 
seven  and  an  half  cents  per  day  ;  for  every  such  ship  or  oth- 
er vessel  of  the  burthen  of  two  hundred  tons  and  under  the 
burthen  of  two  hundred  and  fifty  tons,  at  the  rate  of  one  hun- 
dred cents  per  day  ;  for  every  ship  or  other  vessel  of  the  bur- 
then of  two  hundred  and  fifty  tons,  and  under  the  burthen  of 
three  hundred  tons,  at  the  rate  of  one  hundred  and  twelve 
and  an  half  cents  per  day ;  for  every  ship  or  other  vessel  of 
the  burthen  of  three  hundred  tons  and  under  the  burthen  of 
thafee  hundred  and  fifty  tons,  at  the  rate  of  one  hundred  and 
twenty-five  cents  per  day ;  for  every  ship  or  other  vessel  of 
the  burthen  of  three  hundred  and  fifty  tons  and  under  the  bur- 
then of  four  hundred  tons,  at  the  rate  of  one  hundred  and 
thirty-seven  and  an  half  cents  per  day ;  for  every  ship  or 
other  vessel  of  the  burthen  of  four  hundred  tons  and  under 
the  burthen  of  four  hundred  and  fifty  tons,  at  the  rate  of  one 
dollar  and  fifty  cents  per  day  ;  for  every  ship  or  other  vessel 
of  the  burthen  of  four  hundred  and  fifty  tons,  and  under  the 
burthen  of  five  hundred  tons,  at  the  rate  of  one  hundred  and 


WHARFAGE  AND  CRANAGE.  79T 

sixty-two  and  an  half  cents  per  day  ;  for  every  ship  or  other 
vessel  of  the  burthen  of  five  hundred  tons  and  under  the  bur- 
then of  five  hundred  and  fifty  tons,  at  the  rate  of  one  hundred 
and  seventy-five  cents  per  day  ;  for  every  ship  or  other  ves- 
sel of  the  burthen  of  five  hundred  and  fifty  tons  and  under  the 
burthen  of  six  hundred  tons,  at  the  rate  of  one  hundred  and 
eighty-seven  and  an  half  cents  per  day  ;  for  every  ship  or 
other  vessel  of  the  burthen  of  six  hundred  tons  and  upwards,  to 
pay  twelve  and  an  half  cents  in  addition  for  every  fifty  tons 
in  addition  to  the  rate  last  mentioned,  for  every  da}'  such  ship 
or  vessel  shall  use  or  be  made  fast  to  any  of  the  said  wharves. 

2.  §  CCXIII.  And  be  it  further  enacted,  That  whenever  anv  wharfago  of 

.  "^  •    vps.<f  Is  while  re- 

ship  or  Other  vessel  shall  be  broucjht  to  anv  dock  or  wharf  to  pairing  or  ca- 

repair  or  careen,  and  it  be  found  necessary  to  sling  or  erect 

any  stage  or  stages  on  the  sides  of  the  said  vessel  for  the 

more  convenient  calking  or  repairing  the  same,  or  that  any 

boats,  scows  or  floating  stages  are  brought  along  side  said    * 

vessel  for  the  purpose  of  caulking,  repairing  or  careening  as 

aforesaid,  it  shall  or  may  be  lawful  for  the  owner  or  owners 

of  said  wharf,  to  ask,  demand,  take,  and  receive  thirty-three 

and  one  third  per  cent,  in  addition  to  the  sum  the  said  vessel 

is  liable  and  compelled  to  pay  for  her.  wharfage  as  aforesaid. 


3.  §  CCXIV.  And  be  it  further  enacted,  That  it  shall  be  wharfage  iww 
lawful  for  the   owner  of  any  wharf  in  the  said  city,  to  ap- 
point a  person  to  be  warfinger  thereof,  who  shall  continue 
at  the  pleasure  of  such  owner,  or  who  may  in  his  own  name, 
or  in  the  name  of  such  owner,  ask  and  receive  the  wharfage 
as  it  shall  become  due,  and  if  any  difference  shall  arise  be-  Disputes  to  be 
tween  such  owner  or  wharfinger  and  the  master,  owner  or  orwar'dens^of 
agent  of  any  ship  or  vessel  concerning  the  burthen  thereof,  "'''  ^'"^' 
either  party  may  apply  to  one  of  the  wardens  of  the  port  of 
New-York,  who  shall  decide  such  difierence  by  measurino- 
the  ship  or  vessel,  or  in  such  other  manner  as  he  shall  deem 
best,  and  shall  if  required  by  either  party,  certify  under  his 
hand  the  tonnage  of  such  ship  or  vessel,  and  the  same  shall 
be  final  in  respect  to  the  rate  of  wharfage  thereof,  and  the      * 
expenses  of  such  determination  shall  be  paid  by  the  partv 
against  whom  it  shall  be  given:  Provided  however,  That  the 
same  shall  not  exceed  one  dollar  and  twenty-five  cents. 


^^98  WHARFAGE  AND  CRANAGE. 

t^aShff'whld.  ^'  ^  ^CXV.  And  be  it  further  enacted,  That  every  ship 
pay'haif  wha,?-  ^^  ^^^^^  ^'^^^^^  ^^hich  shall  mak^  fast  to  any  other  ship  or 
''ge.  vessel  that  shall  be  fastened  to  any  wharf,  and  being  so  fast- 

ened shall,  load,  unload  or  careen,  shall  pay  the  one  half 
of  the  rate  of  wharfage  such  ship  or  vessel  would  have  been 
liable  to  pay  if  fastened  to  such  wharf,  and  there  loaded, 
unloaded  or  careened. 

Persons  liable  to  5.  §  CCXVI.  And  be  it  further  enacted^  That  the  master  or 
owner  of  any  ship  or  other  vessel,  or  in  their  absence,  the 
factor  or  agent  to  whom  such  ship  or  vessel  shall  be  con- 
signed, shall  be  liable  to  pay  the  wharfage  due  for  such  ship 
Proviso.  or  vessel :  Provided  however,  That  such  factor  or  agent 
shall  not  be  liable  for  the  same,  unless  an  account  of  the 
wharfage  due,  be  delivered  to  such  factor  or  agent,  or  if 
absent,  left  at  his  usual  place  of  abode,  and  the  money  there 
demanded  before  the  departure  of  such  ship  or  vessel  from 
the  port. 

vvha:/;-ige  may  C.  §  OCX  VII.  And  bc  it  further  enacted,  That  when  any  ship* 
distl^ei  ^  or  other  vessel  has  laid  twenty-four  hours  at  any  wharf,  and 
the  master  or  owner  refuses  or  neglects  to  pay  the  wharfage 
as  aforesaid,  or  give  satisfactory  securityfor  the  payment  of 
the  same,  being  thereunto  required  by  the  owner  or  wharf- 
inger, by  notice  in  writing,  being  left  on  board  with  the  mate 
or  one  of  the  hands  belonging  to  said  vessel,  it  shall  and  may 
be  lawful  for  the  owner  or  wharfinger  to  distrain  for  such 
wharfage  on  any  goods  or  chattels  found  on  board  such  ship 
or  vessel,  and  so  from  time  to  time  as  often  as  twenty-four 
hours  wharfage  shall  become  due,  and  the  goods  and  chattels 
so  distrained  to  sell  and  dispose  of,  in  the  same  manner  as 
is  provided  in  the  case  of  rent. 

Rates  of  cranase.  7.  §  CCXVIII.  And  bc  it  further  enacted,  That  the  owner 
of  any  crane  upon  any  of  the  wharves  aforesaid,  may  ask 
and  receive  to  his  use  from  the  master  or  owner  of  any  ship 
or  other  vessel  that  shall  employ  such  crane,  the  following 
rates,  to  wit :  For  taking  out  and  putting  in  the  mast  of  every 
sloop  of  the  burthen  of  eighty  tons  or  upwards,  the  sum  of 
ten  dollars  ;  and  for  taking  out  or  putting  in  the  mast  of  any  , 
sloop  of  eighty  tons  or  upwards,  six  dollars  and  twenty-five 
cents  ;  for  taking  out  and  putting  in  the  mast  of  any  square 


WHARFAGE  AND  CRANAGE. 

rigged  vessel,  of  the  burthen  of  two  hundred  tons  and  up- 
wards, the  sum  of  seven  dollars  and  fifty  cents  :  and  for 
taking  out  and  putting  in  the  mast  of  a  square  rigged  vessel 
or  schooner,  under  the  burthen  of  two  hundred  tons,  six  dol- 
lars and  twenty-five  cents  ;  for  taking  out  or  putting  in  the 
mast  of  any  square  rigged  vessel  of  the  burthen  of  two 
hundred  tons  or  upwards,  the  sum  of  six  dollars  and  twenty- 
five  cents,  and  for  taking  out  or  putting  in  the  mast  of  any 
square  rigged  vessel  or  schooner,  under  the  burthen  of  twa 
hundred  tons,  five  dollars. 


79a 


CHAP.  CCIY. 


AN  ACT  for  the  collection  of  Wharfage,  in  the   Village  of 

Brooklyn. 

Passed  April  15,  1828,  p.  248. 

The  People  of  the  State  of  New-York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

8.  §  1.  When  any  ship  or  other  vessel  has  laid  twenty-four 
hours  at  any  wharf  in  the  village  of  Brooklyn,  and  the  mas- 
ter or  owner  refuses  or  neglects  to  pay  the  wharfage  at  and 
after  the  rates  established  in  the  city  of  New- York,  or  to 
give  satisfactory  security  for  the  same,  being  thereunto  re- 
quired by  the  owner  or  wharfinger,  by  notice  in  writing  left 
on  board  with  the  mate  or  one  of  the  hands  belonging  to  said 
vessel,  it  shall  and  may  be  lawful  for  the  owner  or  wharfinger 
to  distrain  for  such  wharfage,  on  any  goods  or  chattels  found 
on  board  such  ship  or  vessel,  and  so  from  time  to  time,  as 
often  as  twenty-four  hours  wharfage  shall  become  due,  and 
the  goods  and  chattels  so  distrained,  to  sell  and  dispose  of,  in 
the  same  manner  as  is  provided  in  the  case  of  rent. 


«00  WHARVES,    PIERS  AND  SLIPS. 

WHARVES,  PIERS  AI^fD  SLIPS* 

[Thirty- Sixth  Session — Vol  2,  p.  431.] 
CHAP.  LXXXVI. 

Bkct.  1.  (Jommon  council  to  lay  out  wharves  and  slips  and  proceedings  thereon. 

2.  To  lay  out  streets  and  wharves  on  the  East  and  Hudson  rivers. 

3.  How  streets  and  wharves  to  be  made  and  filled  up. 

4.  &  19.  Corporation  may  cause  lots  to  be  filled  on  default  of  proprietors,  Sec. 

5.  Sums  expended  to  be  a  lien  on  lots  of  proprietors ;  how  collected!     ' 

6.  Corporation  to  direct  piers  to  be  made  and  on  default  corporation  may  make  them- 

7.  Interest  in  piers  may  be  granted  to  owners  of  adjoining  lots. 

8.  Covenants  in  grants  to  remain  in  force. 

9.  Building  not  permitted  on  wharves,  &c. 

10.  Corporation  to  sink  piers  and  form  basons  and  receive  wharfage. 

11.  Certain  wharves  and  slips  to  be  reserved  for  sloops  and  market  boats, 

12.  Corporation  may  enlarge  slips, 

13.  Corporation  may  join  witii  individuals  to  make  piers. 

14.  Notice  to  sink  piers,  how  given  and  refusal. 

15.  Penalty  for  discharging  ballast  on  wharf  or  in  dock. 

16.  Penalty  for  throwing  obstructions  in  docks. 

17.  Remedy  against  incumbering  wharves. 

18.  Common  council  to  regulate  wharves,  piers  and  slips. 

20.  Lots  when  and  how  advertised  for  sale. 

21.  Covenants  in  former  grants  not  prejudiced, 

92.  Corporation  empowered  to  regulate  and  designate  wharves,  &c.forstcamboats,  &c, 

AN  ACT  to  reduce,  ^c. — Passed.  April  9,  1813. 

'Com.  Council  1.  §  CCXIX.  And  he  it  further  enacted.  That  it  shall  be 

lay  out  wharves  lawful  foi'  tlic  mavor,  aldermen  and  commonalty  of  the  said 
^  '^^"  city,  in  common  council  convened,  to  lay  out  wharves  and 

slips  in  the  said  city,  whenever  and  wherever  they  shall  deem 
it  expedient ;  and  if  in  so  doing,  they  shall   require  for  such 
May  take  ground  purposcs,  the  gi'ouud  of  any  person,  notice  thereof  shall  be 
dwiduaisfor*"     givcn  to  the  owner  or  parties  interested  therein,  or  to  his  or 
os.ei>urpose8.     ^j^^'j.  ^gent  or  legal   representative,  and  the   said  common 
council  shall  treat  with  such  persons  for  the  same,  and  if  any 
such  person  shall  refuse  to  treat  for  such  ground,  it  shall  be 
lawful  for  the  mayor  or  recorder  and  any  two  or  more  alder- 
men, by  precept  under  their  hands  and  seals,  to  command  the 
sheriff  of  the  city  and  county  of  New- York,  to  empannel  and 
Damages sus-      Tetum,  and  he  is  hereby  required  to  empannel   and  return  a 
iwwassessed!'    jury  to  appear  before  the  mayor's  court  of  the  said  city,  at 
any  term  thereof,  not  less  than  three  weeks  from  the  date  of 
such  precept,  to  inquire  and  assess  the  damages  and  recom- 
pense due  to  the  owner  or  owners  of  such  ground,  and  at  the 


WHARVES,  PIERS  AND  SLIPS. 


SOI 


same  time  to  summon  such  owner  or  owners,  or  his  or  their 
agent  or  legal  representative,  by  notice  to  be  left  at  his  or 
their  most  usual  place  of  abode,  to  appear  before  the  said 
court  at  the  time«and  place  in  such  precept  to  be  mentioned, 
which  jury 'being  first  duly  swom  faithfully  and  impartially 
to  inquire  into  and  assess  the  damage  in  question,  and  hav- 
ing viewed  the  premises,  if  necessary,  shall  enquire  of  and 
assess  such  damages  and  recompense  as  they  shall,  under 
all  the  circumstances,  judge  fit  to  be  awarded  to  the  owner 
or  owners  of  such  ground  for  their  respective  losses  accor- 
ding to  their  several  interests  and  estates  therein,  and  the 
verdict  of  such  jury  and  the  judgment  of  the  mayor's  court 
thereupon  and  the  payment  of  the  sum  or  sums  of  money  so 
awarded  and  adjudged-  to  the  owner  or  owners  thereof,  or 
tender  and  refusal  thereof,  siiall  be  conclusive  and  binding 
against  the  said  owner  and  owners,  his  and  their  respective 
heirs,  executors,  administrators  and  assigns  claiming  any  es- 
tate or  interest  of,  in  or  to  the  same  ground,  and  it  shall 
thereupon  Be  lawful  for  the  said  mayor,  aldermen  and  com- 
monaltv,  to  cause  the  same  OTound  to  be  converted  to  and 
used  for  the  purposes  aforesaid. 

2.  §  CCXX.  And  he  it  further  enacted,  That  it  shall  be  law-  com.  council  to 
ful  for  the  said  mayor,  aldermen  and  commonalty,  to  lay  out,  a^iiVwimJves' 
as  far  as  the  same  has  not  already  been  done,  and  according  and  Hudson* 
to' the  plan  agreed  upon  for  that  purpose,  regular  streets  or  "^^ 
wharves  of  the  width  of  seventy  feet  in  front  of  those  parts 
of  the  said  city  which  adjoin  to  the  East  river  or  Sound  and 
to  the  North  or  Pludson's   river,  and  of  such  extent  along 
those  rivers  respectively  as  they  may  think  proper ;  and  that 
as  the  buildings  of  the  said  city  shall   be  further  extended 
along  the  said  rivers,  if  shall  be  lawful  for  the   said  mayor, 
aldermen  and  commonalty,  from  time  to  time  to  lengthen- 
and  extend  the  said  streets  and  wharves. 


3.  §  CCXXI.  And  be  it  further  enacted,  That  the  said  streets  u^^  ^^^j . 
made  and  completed,  according  to  the  ^^''^""'  ^^^^ 


or  wharves  shall  be 
said  plan  by  and  at  the  expense  of  the  proprietors  of  land 
adjoining  or- nearest  and  opposite  to  the  said  streets  or 
wharves,  in  proportion  to  the  breadth  of  their  several  lots, 
by  certain  days  to  be  for  that  purpose  appointed  by  the  said 
mayor,  aldermen  and  commonalty  :  and  that  the  respective 

101 


streets  and 
whnrvesto  be 
made  and  ad- 
joining lots 
tilled  up. 


S02  AVHARVES,  PIERS  AND  SLIPS. 

proprietors  of  such  of  the  said  Ipts  as  may  not  be  adjoining 
to  the  said  streets  or  wharves,  shall  also  fill  up  and  level  at 
their  own  expense  according  to  such  plan  and  by  the  said 
days  respectively,  the  spaces  lying  and  being  between  their 
said  several  lots  and  the  said  streets  and  wharves  ;  and  shall 
upon  so  filling  up  and  levelling  the  same  be  respectively  en- 
titled to  and  become  the  owners  of  the  said  intermediate 
spaces  of  ground  in  fee  simple. 

fa^use  su'irio";^  ^-  §  CCXXLI.  And  be  it  further  enacted,  That  if  any  of  the 
d^efa^uuof  pm-  ^^^^  proprietors  shall  neglect  or  refuse  to  fill  up  and  level 
Eover  eipenseT  ^"^^^  intermediate  spaces  of  ground,  by  the  said  days  to  be 
/romthsm.  g^^  ^^  aforcsaid  appointed,  it  shall  be  lawful  for  the  said 
mayor,  aldermen  and  commonalty,  to  cause  the  same  to  be 
done  for  and  on  behalf  of  the  said  proprietors,  and  to  charge 
them  with  the  expense,  and  if  the  said  proprietors  respec- 
tively shall  not  repay  the  said  expense,  with  lawful  interest, 
from  the  times  of  the  expenditure  within  one  year  and  six 
months  after  the  demand  for  that  purpose  made  by  the  said 
mayor,  aldermen  and  commonalty,  or  any  person  on  their  be- 
half, it  shall  be  lawful  for  the  said  mayor,  aldermen  and  com- 
monalty, to  levy  the  same,  together  with  the  interest  thereof, 
and  all  reasonable  costs  and  expenses  attending  such  pro- 
ceedings, by  distress  and  sale  of  the  goods  and  chattels  of 
such  proprietors  or  the  occupants  of  the  said  lots  respectively, 
or  to  recover  the  same  from  the  said  proprietors  respectively, 
by  action  of  debt  in  the  supreme  court  of  this  state,  wherein 
it  shall  be  sufficient  to  allege  generally  that  the  defendants 
respectively  are  indebted  to  the  said  mayor,  aldermen  and 
commonalty,  in  a  certain  sum,  for  money  expended  on  their 
account  by  virtue  of  this  act,  and  in  such  action  any  less  sum 
than  the  one  declared  for  may  be  recovered,  and  full  costs 
shall  be  taxed  for  the  plaintiffs  if  judgment  shall  be  given  in 
their  favor. 

Sums  expended  ^'  §  CCXXIII.  And  be  it  farther  enacted,  That  the  said 
prietor^!to^be-°  sums  SO  to  bc  cxpeuded  on  behalf  of  the  said  proprietors, 
tome  a  lieu  on  ^^^^  every  sum  which  hath  heretofore  been  assessed  among 
the  owners  or  occupants  of  any  houses  and  lots  in  the  said 
city,  by  virtue  of  the  act,  entitled  "  an  act  for  regulating  the 
buildings,  streets,  wharves  and  slips  in  the  city  of  New- 
York,"  passed  the  sixteenth  of  April,  one  thousand   seven 


WHARVES,  PIERS  AND  SLIPS.  S03 

hundred  and  eighty-seven,  or  by  virtue  of  an  act,  with  the 
same  title,  passed  the  third  day  of  April,  one  thousand  eight 
hundred  and  one,  and  not  refunded,  or  shall  hereafter  be  as- 
sessed by  virtue  of  this  act,  shall  be  a  lien  or  charge  upon 
the  houses  and  lots  in  respect  to  which  such  assessments 
shall  have  been  made,  and  shall  bear  lawful  interest  until 
paid,  and  shall  be  entitled  to  a  preference  before  all  other 
incumbrances  upon  the  same,  and  may  be  sued  for  and  recov-  Hofr  r»o«Tore*. 
ered  with  costs,  in  like  manner  as  if  the  said  houses  and  lots 
were  mortgaged  to  the  jnayor,  aldermen  and  commonalty, 
for  the  payment  thereof:  Provided  always^  That  nothing  pwtUo. 
herein  contained  shall  extend  to  charge  any  such  houses  or 
lots  which  may  have  been  bona  fide  sold  and  disposed  of  after 
the  making  of  such  assessment  thereon,  and  before  the  third 
day  of  April,  one  thousand  seven  hundred  and  ninety-eight. 

6.  6  CCXXIV.  And  he  it  further  enacted,  That  it  shall  be  corporation  to 

^  ,  direct  piera  to  b« 

lawful  for  the  said  mayor,  aldermen  and  commonalty,  to  n.ade  byowneri 

•^  •'of  the    adjolnme 

direct  piers  to  be  sunk  and  completed,  at  such  distances  and  lots,    i  caiao*^ 

^  '  '  Rep.  543. 

in  such  manner  as  they  in  their  discretion  shall  think  proper, 
in  front  of  the  said  streets  or  wharves  so  adjoining  and  ex- 
tending along  the  said  rivers,  and  the  said  piers  to  be  con- 
nected with  the  said  streets  or  wharves  by  bridges,  at  the 
expense  of  the  proprietors  of  the  lots  lying  opposite  to  the 
places  where  such  piers  shall  be  directed  to  be  sunk,  and  by 
such  days  and  times  as  the  said  mayor,  aldermen  and  com- 
monalty, may  for  that  purpose  limit  and  appoint ;  and  if  the 
said  proprietors  shall  neglect  or  refuse  to  sink  or  make  the 
said  piers  and  bridges  according  to  the  directions  of  the  said 
mayor,  aldermen  and  commonalty,  it  shall  be  lawful  for  the  ,?wne?s*!'?orpoiI!!' 
said  mayor,  aldermen  and  corjimonalty,  to  sink  and  make  the  luc"h  1JS«,"^and 
same  piers  and  bridges  at  their  own  expense,  and  receive  to  ''^  ** '*»?'<>  '• 
their  own  use,  wharfage  for  all  vessels  that  may  at  any  time 
or  times  lie  or  be  fastened  to  the  said  piers  or  bridges  which 
they  shall  so  make  as  aforesaid;  or  it  shall  be  lawful  for  the  Or may gremt the 

.  ,  11  1  II  ,  .     ,  -  right  to  any  othtu 

said  mayor,  aldermen  and  commonalty,  to  grant  the  right  of  penwn. 
making  such  piers  and  bridges,  and  the  right  of  receiving 
profits  thereof,  to  any  person  or  persons,  in  fee  or  otherwise, 
upon  such  terms  as  they  shall  think  proper.  ' 


804  WHARVES,  PIERS  AND  SLIPS. 

A  common  inter-      7.  §  CCXXV.  And  he  it  further  enacted,  That  it  shall  be 

est  in   piers  may  '  -'  ' 

ner^s'of  adSiUn-  ^^^^^^^  ^^'^  ^^^^  Said  mayoi',  aldermeuand  commonalty,  to  grant 
^°^^-  "  to  the  owners  of  lots  fronting  on  any  of  the  said  streets  of 

seventy  ieeX,  their  heirs  and  assigns,  a  common  interest  in 
the  piers  to  be  sunk  in  front  of  such  streets,  in  proportion  to 
the  breadth  of  their  respective  lots,  under  such  restrictions 
and  regulations,  and  within,  such  hmits  as  the  said  mayor, 
aldermen  and  commonalty  shall  deem  just  and  proper. 

covenantB      in      8.  6  CCXXVI.  And  hc  it  further  enacted.  That  every  clause. 

grants  to  remain  ^  i  i     •  ,  /-     i 

in  force.  covcnant  and  condition,  in  the  several  grants  of  the  mayor, 

aldermen  and  commonalty  of  the  said  city,  to  the  said  pro- 
prietors respectively,  or  those  undar  whom  they  claim,  to  be 
kept,  observed  or  performed  by  the  grantees  respectively,  and 
their  respective  heirs,  executors,  administrators  and  assigns, 
shall,  notwithstanding  this  act,  retain  their  full  force  and  va- 
hdity,  and  shall  be  in  no  manner  afiected  by  the  same,  or  by 
any  thing  to  be  done  or  performed  in  consequence  thereof, 
and  the  said  mayor,  aldermen  and  commonalty,  shall  have, 
possess  and  be  entitled  unto  the  like  payments,  rights  and  re- 
medies, by  virtue  of  the  said  grants,  as  they  might  or  icould 
have  had,  or  would  have  been  entitled  to,  if  this  act  had  never 
been  passed,  and  shall  not,  by  the  performance  of  shiy  thing 
herein  contained,  b3  deemed  to  have  broken  or  infringed  any 
of  the  covenants  or  conditions,  on  their  part,  contained  in  the 
said  grants. 

No  buildings  to  ^-  §  CCXXVII.  And  he  it  further  enacted.  That  no  building 
ari/Ytreetr  and  of  ^-Uy  kind  or  description  whatsoever,  other  than  the  said 
w  arves.  piers  and  bridges,  shall  at  any  time  hereafter  be  erected  upon 

the  said  streets  or  wharves,  or  between  them  respectively 
and  the  river  to  w^hich  they  respectively  shall  front  and  ad- 
join. 

Corporation  to  \0,  ^  CC^^Wll^  And  he  it  further  enacted,  That  it  shall 
form  basins  at  and  mav  bc  lawful  for  the  said  mavor,  aldermen  and  com- 

tbeir  discretion.  i    **  i     •  *^  •  i  i  i 

monalty,  at  their  own  expense,  to  cause  piers  to  be  sunk  and 
completed  in  such  places  and  manner  as  they  shall  think  eli- 
gible, between  the  White-hall-slip  and  the  east  side  of  the 
Exchange-slip,  in  the  said  city,  so  as  to  form  a  basin  for  the 
safety  and  the  accommodation  of  sloops  and  other  vessels 
using  the  trade  of  the  said  city  ;  and  also,  at  their  ow^n  ex- 


WHARVES,  PIERS  AND  SLIPS.  805 

peiise,  to  cause  such  and  so  many  other  public  basms,  to  be 
formed  and  completed  in  the  said  city  as  they  may  deem  ne- 
cessary for  the  trade  thereof,  and  to  take  for  their  own  use  ^JaiiJge.'^'*  ^^^ 
the  slipage  or  wharfage  arising  from  the  same,  any  law, 
usage  or  custom,  to  the  contrary  notwithstanding :  Provided  Proviso. 
always,  That  nothing  herein  contained  shall  be  construed  to 
deprive  any  persons  who  may  have  made  piers  by  the  direc- 
tions of  the  said  mayor,  aldermen  and  commonalty,  in  pur- 
suance of  the  act,  entitled  "  an  actfor  regulating  the  buildings, 
streets,  wharves  and  slips,  in  the  city  of  New- York,"  of  any 
legal  right  which  they  may  have  thereby  acquired,  or  to  in- 
terfere with  any  private  property  or  right  or  privilege  held 
under  grants  of  the  said  mayor,  aldermen  and  commonalty, 
■or  otherwise. 

11.  §  CCXXIX.  And  be  it  further  enacted,  That  it  shall  and  ^nrt',7/^sTobeTe' 
may  be  lawful  for  the  mayor,  aldermen  and  commonalty,  of  ^^i'<]'[//arket''S^ 
the  city  of  Ne-w-York,  to  reserve  all  that  part  of  the  water 
adjacent  to  the  wharves  of  the  said  city,  from  the  east  side  of. 
Coenties  slip,  to  the  west  side  of  VVhite-Hall-slip,  for  the 

sole  accommodation  of  sloops  and  other  market  vessels  using 
the  trade  of  the  said  city,  from  the  twentieth  day  of  March 
to  the  twentieth  day  of  December,  in  each  and  every  year, 
and  that  during  the  time  aforesaid,  no  registered  or  sea  ves- 
sel shall  be  suffered  to  use  the  slips  or  wharves  within  the 
above  described  limits  without  special  permission,  any  law, 
usage,  or  custom,  to  the  contrary  notwithstanding. 

12.  §  CCXXX.  And  be  it  further  enacted,  That  in  all  cases  corporation  may 
where  the   said  mayor,    aldermen    and   commonalty,  shall 

think  it  for  the  public  good  to  enlarge  any  of  the  slips  in  the 
said  city,  they  shall  be  at  liberty  to  have  full  power  so  to  do, 
and  upon  paying  one  third  of  the  expense  of  building  the 
necessary  piers  and  bridges,  shall  be  entitled  not  only  to  the 
slipage  of  that  side  of  the  said  piers  which  shall  be  adjacent 
to  such  slips  respectively,  but  also  to  one  half  of  the  wharf- 
age to  arise  from  the  outermost  end  of  the  said  piers. 

13.  §  CCXXXI.    And  be  it  fur  titer  enacted,  That  in  all  in  certain  cascF^ 

1  r   .^  •    J.  c  ^    j^     ^     '  '  -  corporation  may 

cases  where  any  ol  the  proprietors  oi  lots  lymg  opposite  to  join  with  indivi. 
the  places  or  streets  where  piers  shall  have  been^or  may  be  pi«'-«^ 
directed  to  be  sunk,  pursuant  to  the  powers  contained  in  the 


80G  WHARVES,  PIERS  AND  SLIPS. 

acts  last  aforesaid,  or  in  this  act,  shall  neglect  or  refuse  to 
join  with  the  other  proprietors  invsinking  and  making  such 
piers  and  bridges  thereunto  appertaining,  or  to  pay  his  or 
their  proportion  of  the  expenses  thereof,  then,  and  in  every 
such  case,  the  said  mayor,  aldermen  and  commonalty,  may, 
at  their  election,  join  with  the  other  proprietors  in  making 
and  finishing  the  said  piers  and  bridges  and  shall  become 
portiorof  whS-  entitled  to  the  proportion  of  wharfage  which  the  said  pro- 
^^*^'  prietors  so  neglecting  or  refusing  would  have  been  entitled 

to  if  they  had  joined  in  making  the  said  piers  and  bridges. 

Notice  to   sink      14.  §  CCXXXII.  A^id  hc  It  furtkcr  enacted,    That  in  all 

iiiors,  how  lobe  .  ...  ,.   ,  .  ,   .  ^ 

feiTen.  cases  a  notice  to  the  proprietors  of  lots  inserted  in  two  of 

the  public  newspapers  printed  in  the  said  city  for  six  weeks 
successively,  shall  be  sufficient  notice  to  all  the   said  pro- 
prietors of  tke  directions  of  the  said  mayor,  aldermen  and 
commonalty,  for  sinking    and   completing  such   piers    and 
bridges,  without  specifying  therein  the  names  of  the  said 
proprietors,  and  an  affidavit  made  before  a  judge  of  the  su- 
preme court,  or  master  in  chancery,  of  the  due  publication 
of  such  notice  in  manner  aforesaid,  shall  at  all  times  there- 
what  shall   he  after  be  deemed  prima  fack  evidence  thereof,  and  every  such 
loToiV'ihor^^^  proprietor  who  shall  not  begin  t!ie  making  of  the  said  piers 
with.  ^j.  |3j.[(jggg  by  the  period  for  that  purpose  appointed,  or  who 

shall  not  contribute  his  proportion  towards  the  expenses 
thereof,  as  the  same  shall  accrue,  shall  be  deemed  and  taken 
to  have  neglected  and  refused  to  comply  with  the  said  direc- 
tions according  to  the  true  intent  and  meaning  of  the  said 
last  mentioned  acts,  and  of  this  act. 

Fcnai-y  for  dis-       15.  §  CCXXXIII.  Aiid  he  it   farther  enacted,  That  if  the 

charging    ballast  _  ,  .  *^       ,  i       i      n 

upon  wharf  or  mastcr  or  owiicr  Of  anv  ship  or  otner  vessel,  shall  cause  to 

into  dock,  1         T       1  r        ""  in  •       • 

be  dischargea  therelrom  any  ballast,  consisting  of  earth,  gra- 
vel, or  stones,  into  any  dock,  or  upon  any  wharf  within  the 
said  city  of  New- York,  vv'ithout  the  consent  of  tlic  owner  or 
wharfinger  thereof,  the  master  or  owner  of  such  ship  or  other 
vessel,  shall,  for  every  such  offence,  forfeit  and  pay  to  the 
owner  of  such  dock  or  v^'harf,  two  dollars  and  fifty  cents,  to 
be  recovered  Vv'ith  costs  of  suit,  before  any  court  having  cog- 
nizance thereof,  in  the  name  of  the  said  owner  or  wharfinger  ; 
and  if  the  master  or  owner  of  such  ship  or  other  vessel, 
having  discharged  any  such  ballast  upon  any  wharf,  without 


WHARVES,  PIERS  AND  SLIPS/  »07 

consent  as  aforesaid,  and  after  notice  for  that  purpose  in  wri- 
ting, shall  neglect  or  refuse  to  remove  the  same,  he  shall  for- 
feit and  pay  for  every  day  during  such  neglect  or  refusal,  the 
same  sum  as  by  law  shall  be  chargeable  for  the  wharfage  of 
such  ship  or  vessel :  Provided  however^  That  no  rgentor  fac-  rrmiso. 
tor  transacting  business  for  any  person  residing  out  of  or  ab- 
sent from  this'state,  shall  be  hable  to  any  penalty  imposed  by 
this  section,  unless  an  account  be  delivered  to,  and  the  money 
demanded  of,  such  factor  or  agent  personally,  or  unless  the 
said  account  be  left  on  board  such  ship  or  vessel  with  the  mas- 
ter, mate,  or  one  of  the  hands,  belonging  to  such  ship  or  ves- 
sel. 


16.  §CCXXXIV.  Andhe  it  fiwlher  enacted,  That  if  any  ^^^y^^°'  „b. 
person  employed  in  repairing,  sheathing  or  graving,  any  ship  ^/^J^jJ^^^^""  ^"^'^ 
or  other  vessel,  being  in  any  dock  within  the  city  aforesaid, 
shall  cause  anv  timber  or  other  thin:;:  whatsoever,  tendins^  to 
fill  up  or  obstruct  such  dock,  to  be  tb.rown  into  such  dock,  he 
shall,  for  every  such  offence,  forfeit  and  pay  to  the  owner  or 
whargnger  of  such  dock,  the  sum  of  five  dollars,  to  be  re- 
covered in  manner  aforesaid. 

1/.  ^CLXXaV.  And  bcitjartlier  enacted,  i  hat  li  any  incnmijering  the 
wharf  in  the  said  city  shall  be  incumhercd  with  lumber  or 
other  articles,  so  as  io  incommode  tlie  loading  and  unloading 
of  vessels,  or  the  passing  and  re-passing  of  carts,  the  owner 
or  wharfinger  thereof  shall  give  personal  notice,  or  notice  in 
writing,  to  be  left  at  the  place  of  abode  of  the  owner  of  such 
lumber  or  other  articles,  or  his  Hictor  or  agent,  to  remove 
the  same  in  a  reasonable  time,  and  on  neglect  thereof,  or  if 
the  owner  of  such  articles,  or  his  factor  or  agent  cannot  be 
found  in  the  said  city,  and  have  no  place  of  residence  there- 
in, the  owner  or  wharfinger  of  such  wharf  may  remove  the 
same  and  keep  them  in  custody  till  the  charges  of  removal 
and  storage  of  the  articles  removed  be  paid. 

IS.^CCX.'^vXYl.  Andheitfitrther  enacted,  That  it  shall  fj,*^™^;^^"^^^^^^ 
be  lawful  for  the  said  mayor,  aldermen  and  commonalty,  in  anJfJJips'.   ^''^'^^' 
common  council  convened,  to  make  such  by-laws  and  ordi- 
nances as  they  shall  from  time  to  time  think  proper  for  regu- 
lating the  wdiarves,  piers  and  slips  in  the  said  city. 


808  WHARVES,  PIERS  AND  SLIPS. 

AN  ACT  to  amend  that  part  of  the  Act,  entitled  "  An  act 
to  reduce  several  laws  relating  particularly  to  the  city  of  New- 
York,  into  one  act,''  which  relates  to  Wharves,  Piers  and 
Slips. 

Passed  April  7,1820,  p  131. 

19.  §  I.  Be  it  enacted  hi/' the  people  of  the  State    of  New- 
York,  represented  in  Senate  and  Assembly,  That  if  the  pro- 
prietors of  the  lots   of  land,  or  land  under  water,  adjoining 
and  nearest,  and  opposite  to  the   East  River  or  Sound,  and 
to  the  North   or  Hudson  river,  in   the  city  of  New- York, 
shall   not  respectively  make  and    complete,  in  proportion 
to  the  breadth   of  their  said   lots  of  land    at    their    own 
expense,  regular  streets  or  wharves,  of  the  width  of  seventy 
feet,  according   to  the  plan  w^iich  has  been  agreed  upon 
for   that  purpose,  by   the   mayor,   aldermen   and  common- 
alty of  the  city  of  New- York,  for  the  formation  and  regula- 
tion of  South-street  and  West-street,  by  certain  days,  to  be 
for  that  purpose  appointed  by  the  said  mayor,  aldermen  and 
,     commonalty  ;  and  also  fill  up  and  level,  at  their  own  expense, 
according  to  such  plan,  the  spaces  lying  and  being  between 
their  said  several  lots  of  land  and  the  said  streets  and  wharves 
called  South-street  and  West-street,  and  on   a  level  there- 
with:  that  then  it  shall  and  may  be  lawful  for  the  said 
mayor,  aldermen  and  commonalty,  to  cause  the  said  streets 
or  wharves  and  the   said  intermediate    lots  or    pieces   of 
land,  or    land   under    water,   or    any  part   thereof,  to   be 
executed   and  done,  for  and   on  account  of  the  said  pro- 
prietors respectively,  and  to  charge  them  with  the  expense 
thereof;  and  if  the    said   proprietors  respectively  shall  not 
forthwith  repay  the  said  expense  with  lawful  interest  thereon, 
from  the  timeof  the  expenditure,  that  then  it  shall  be  lawful, 
for  the  said  mayor,  aldermen  and  commonalty,  to  levy  the 
same,  together  with  the  interest  thereof,  and  all  reasonable 
viPd'"ami''^how  costs  and  charges   attending  such  proceedings,  by  distress 
and  sale  of  the  goods  and  chattels  of  such  proprietors,  or  the 
occupants  of  tlie  said  lots  respectively,  by  virtue  of  a  war- 
rant to  be  issued  by  them  for  that  purpose,  to  any  suitable 
person,  or  to  recover  the  same  from  the  said  proprietors  re- 
spectively, by  action  of  debt,  in  the  supreme  court  of  this 
state,  wherein  it   shall  be  sufficient  to  allege  generally  that 
the  defendants  respectively  are  indebted  to  the  said  mayor, 
aldermen  andcommonalty,  in  a  certain  sum  of  money  expend- 


eollected. 


i 


WHARVES,  PIERS  AND  SLIPS.  S09 

ed  on  their  account  by  virtue  of  this  act ;  and  in  such  action 
any  less  sum  than  the  one  declared  for  may  be  recovered 
and  full  costs  shall  be  taxed  for  the  plaintiffs,  if  judgment 
shall  be  given  in  their  favor. 

20.  §  II.  And  be  it  farther  enacted,  That  whenever  any  such  ^^2^.  ^adrenied 
sums  of  money,  or  any  part  thereof,  shall  not  be  collected,  ^°'^"^^- 

and  the  person  to  whom  said  warrant  shall  be  directed  shall 
make  affidavit  of  his  demanding  the  same  two  several  times  of 
the  respective  proprietor  or  proprietors  of  such  lots  of  land 
or  of  land  under  water,  as  may  reside  in  said  city,  and  that 
they  have  neglected  or  refused  to  pay  the  same,  or  shall  make 
affidavit  that  the  proprietor  or  proprietors  of  such  lots  of  land 
cannot  be  fouixl  in  the  said  city,  then  and  in  such  case  it  shall 
and  may  be  lawful  for  the  mayor,  aldermen  and  commonalty 
of  the  city  o^  New-York,  to  take  order  for  advertising  and 
selling  the  said  lots  of  land,  or  any  of  them,  together  with  all 
the  rights  and  privileges  thereunto  appertaining  or  belonging, 
in  pursuance  of  the  second  section  of  the  act,  entitled  "  An 
act  for  the  more  effectual  collection  of  taxes  and  assessments 
in  the  city  of  New- York,"  and  the  said  second  section  of  the 
said  act,  shall  have  the  same  application,  and  the  like  force 
and  effect,  to  all  intents  and  purposes,  relative  to  the  premi- 
ses which  it  has  in  relation  to  the  premises  therein  men- 
tioned. 

21.  §  III.  And  he  it  further  enacted,  That  evcrv  clause,  co-  covenant.,   &c. 

.    ,        "  ,  ^        ,  in  former  jrrants 

venant  and  condition,  in  the  several  grants  of  the  mayor,  al-  "«*  prejudiced, 
dermen  and  commonalty  of  the  said  city,  to  the  said  proprie- 
tors respectively,  or  those  under  whom  they  claim,  to  be  kept 
observed,  or  performed,  by  the  grantees  respectively,  and 
their  respective  heirs,  executors,  administrators  and  assigns 
shall  notwithstanding  this  act,  retain  their  full  force  and  va- 
lidity, and  shall  be  in  no  manner  affected  by  the  same,  or  by 
any  thing  to  be  done  or  performed  in  consequence  thereof; 
and  the  said  mayor,  aldermen  and  commonalty  shall  have, 
possess,  and  be  entitled  unto  the  like  payments,  rights  and 
Remedies,  by  virtue  of  the  said  grants,  as  they  might  or  could 
haVe  had,  or  would  have  been  entitled  to,  if  this  act  had 
never  been  passed  ;  and  shall  not  by  the  performance  of  any 
thing  herein   contained,  be  deemed  to  have  been  broken  or 

102 


&c. 


810  YORK  AND  JERSEY  STEAM  BOAT  FERRY. 

infringed  any  of  the  covenants  or  conditions  on  the  part  con- 
tained in  the  said  grant. 


CHAP.  CCXXII. 

AN  ACT  for  the  tetter  regulation  of  the  Wharves,  Piers  and 
Slips  in  the   Gity  of  Nevj-York. 

Passed  April  IG,  1230,  p.  '^42. 

The  People  of  the  State  of  New-York,  represented  in  Sen- 
ate and  Assemhhj,  do  enact  as  follows : 

22.  §  1.  The  mayor,  aldermen  and  commonalty  of  the  city 
of  New- York,  in  common  council  convened,  shall  have  powder 
to  make  or  pass  such  laws. or  ordinances,  as  to  them  from 
time  to  time,  shall  seem  fit ;  to  designate  and  appropriate 
such  of  the  public  wharves,  piers  and  slips  of  the  said  city, 
as  they  may  deem  expedient,  and  such  private  wharves  and 
piers  in  the  said  city  as  the  owners  tliereof  rcspectiveh^  may 
apply  to  have  so  designated  or  appropriated,  for  the  exclu- 
sive use  of  steam-boats,  or  of  any  other  class  or  description 
of  ships  or  vessels  ;  and  to  restrain  and  prohibit  any  ship, 
steam-boat,  or  any  other  vessel  or  water  craft  whatever, 
from  coming  into,  or  lying,  mooring,  or  anchoring  at  or 
within  any  wharf,  pier  or  slip  of  the  said  city,  except  such 
as  may  be  so  designated  for  their  use  respectively;  and  to 
impose  such  penalties  as  they  may  thmk  reasonable  and 
proper,  for  the  violation  of  such  laws  or  ordinances. 


York  and  Jersey  Stcjim  Boat  Ferry  Company. 

[Thirty- Seventh  Session. —  Vol.  3,  b.  p.  63.] 

CHAP.  LII. 

AN  ACT  to  incorporate  the  York  and  Jersey   Steam-hoai 
Ferry  Company. 

Skct.  1.  A  wooden  ffiiry  house  may  be  creeled. 

2.  Corporation  may  regulate  the  lying  of  vessels,  <t.c.  in  the  Hudson  riv««r. 

Parsed  Mnrch  1^,  IP] 4. 

Corporation  may       1.  §  YI.  And  he  it  further  enacted.  That  this  corporation 
building.      *     may  erect  and  complete^  at  the  foot  of  Courtlandt-'strcct,  over 


YORK  AND  JERSEY  STEAM  BOAT  FERRY.  811 

or  adjoining  the  steam-boat  basin,  a  wooden  building  for  a 
ferry  house,  any  law  to  the  contrary  thereof  in  any  wise  not- 
withstanding :  Provided,  That  the  said  buildings  shall  be  put  ^ro^iso- 
up  with  the  consent  and  under  the  directions  of  the  mayor, 
aldermen  and  commonalty  of  the  city  of  New- York:  ^Tirf Further  proviso. 
provided  also,  That  if  at  any  time  thereafter,  the  mayor,  al- 
dermen and  commonalty  of  the  city  of  New-York,  shall  re- 
quire the  same  to  be  removed,  this  corporation  shall  remove 
the  same  within  sixty  days  thereafter. 


2.  §  VIII.  And  he  it  further  enacted,  That  the  mayor,  al-  CorporaiionofN. 
dermenand  commonalty  of  the  city  of  New- York,  shall  and  i«te  the  lying,  &c 
may  from  time  to  time  regulate  the  lying  and  mooring  ol  any 
ship  or  other  vessel  in  the  stream  of  North  or  Hudson's  river, 
so  as  to  prevent  the  same  from  obstructing  the  navigation  of 
the  ferry  boats  in  the  said  river  from  the  city  of  New- York 
to  the  Jersey  shore,  opposite  to  the  said  city,  and  to  impose 
such  reasonable  penalties  against  the  pilot,  master  or  com- 
mander, owner  or  consignee  of  such  vessel,  as  the  said 
mayor,  aldermen  and  commonalty  shall  from  time  to  tim« 
deem  meet  and  proper. 


INDEX. 


ADMINISTRATIVE  OFFICES, 

Canal  officers,          .         .         .  528 

Mayor,         .         .            .       .  528 

County  measurers,        .          .  528 

vide  ^^officerSy  adminis!rative,"528 — 533 

ADMINISTRATOR, 

Public,  of  New- Fork,      .         .  1 

How  appointed,           .            .  2 

Oath  and  bond,             .         .  2 

Commissions  and  salary,       .  2 

His  authority,  ...  2 
Order  of  Surrogate  when 

necessary,         ...  3 

When  order  to  be  granted,  4 
Subpoena  to  discover  concealed 

effects,  ...  4 
How  served  and  enforced,  4 
Examination  of  witnesses,  5 
Warrant  when  to  issue,  5 
Bond  to  stay  warrant,  .  .  5 
Duty  of  health  officer  in  cer- 
tain cases,  ...  5 
Perishable  property  to  be  sold,  6 
Notice,  when  to  be  given,  6 
How  served  and  published,  6 
Granting  of  letters  may  be 

contested,  ...  6 
When    executor,    widow,    or 

relative  entitled  to  letters,  6 

Effects  of  such  letters,          .  7 

Previous  expenses  to  be  paid,  7 
Letters,  when  to  be  granted  to 

public  administrator,  ,  7 
Notice     of      administration, 

when  to  be  given,     .          .  8 

How  served,  ...  8 
Affidavit,  &c.       .         .         .8 

Effect  of  filing  affidavit,         .  8 


Powers  of  administrator  before 

letters,  &c.      ...       9 
Notices  to  be  given  to  for- 
eign consuls,  .         ,       9 
Assets  to  be  delivered  to  law- 
ful executor,     ...       9 
Powers  of  public  administra- 
tor when  superceded,         ,       9 
Assets  to  be  delivered,  •     10 
Suits  not  to  abate,         .         .     10 
Rights,   powers  and  duties  of 

public  administrator,  .     10 

Deposit  of  monies,       .         .     12 
How  drawn  out,  .         .12 

Advances  to  relatives,  ,     13 

Annual  account  of  public  admi- 
nistrator, .  .  .13 
To  be  published,  .  .  13 
Penalty  for  omissions,  .  13 
Responsibility  of  corporation,  13 
Papers,   &c.   to  be  delivered 

to  successors,  .  .     14 

Death  of  transient  persons  to 

be  reported,  .  .  .14 
Penalty  for  neglect,  when  to 

be  recovered,  .         .     14 

Title  6  to  go  into  operation 

first   of  May,  1830.  .     15 

Common  Council  to  make 
rules  for  the  government  of 
public  administrator,  ,     15 

AFFIDAVIT 

Of  public  administrator,  8 

ALDERMEN, 

When  to  act  as  coroners,  16 

Not  prohibited  from  acting  as 

counsellors,  .  ,  .17 
Number  of,  and  assistants,  5il 
Tenure  of  their  office,  .  511 


INDEX. 


To  attend  the  court  of  Gene- 
ral Sessions,  ,  .154 

Further  duties  of,  439 — 345 

Board  oj 
'        Meeting  and  proceedings  of    512 

Occasional  meetings,  .513 

Laws   may  originate  in  each 
board,      ....   513 

May  compel  the  attendance 
of  absent  members,  .  514 

Members  of,  not  to   be  ap- 
pointed to  office.       .         .513 

Board  of  assistants,  .         .512 

Meeting     and     proceedings, 
of,  ...  512,  513 

ALMSHOUSE, 

Commissioners  of,  r         .18 

Common   Council  to  appoint 

commissioners  of,     .         ,     18 
Their  duties  and  powers,       18,  19 
Common   council  to  remove 
commissioners  and  appoint 
others      .         .         .         .18 
To  appoint  other  officers  and 
make    ordinances   for    the 
government  thereof,  .     19 

Further  powers  of  commis- 
sioners, .         .         .19 
Commissioners  may  bind  out 
poor    children  to   persons 
^                   residing  in  the  State,  .     19 
Superintendent  of 

By  whom  appointed,  ,  .  22 
Tenure  of  office,  .  .  22,  23 
Power  of  superintendent,  24 

ANIMALS, 

Racing  of  prohibited,  ,  .  25 
Penalty  for  racing  of,  .     25 

Public  officers  to  prevent  and 

bind  over  offijnders  .     25 

Penalty  for  collecting  a  purse 

to  be  raced  for,  .  .  26 
Penalty  on  owners    of  horses 

and  persons  betting,  26 

Penalty  for  riding  or  driving 

at  a  greater  speed  than  five 

miles  an  hour,  .         .  603 


APPRENTICES, 

Who  may  bind  themselves  onf 

as  apprentices,  .  .     2T 

For  what  term,  .  .     27 

Who  to  consent  to  such  bind- 
ing,     .  .         .         .27 
Consent  to  be  in  writing,  &c,     2B 
When  executors  may  bind  out 

minors,  .         .         .     2& 

W  hfcn  county  superintendents 

may  bind  out  infants,  28 

When  overseers  of  poor,  2& 

Indian  children,  .         .     28 

Age  of  infants  to  be  inserted  in 

the  indentures,  .         .     29 

Money  paid,   &c.   to  be  in- 
serted, .         .         .29 
Special  agreement  to   be  in- 
serted m  certain  cases,  29 
Certain   indentures  where   to 

be  deposited,  .         ►     29 

Indenture  by  foreigners  being 

minors,  .         .  .29 

To  be  acknowledged,  &c.  30 

How  assigned,  .  .     SO 

Certain  children  of  slaves  to  be 

servants,  .         .  .30 

For  what  lime,  .         .     31 

Length  of   service  for  such 

certain  children,  .  .  31 
Such  servants  to  be  instructed,  31 
tffect  of  neglect,         .  .     3l 

Affidavit  to  be  fded,      .         .     31 
When   to  be   bound   out   by 
overseers,         .         .         .31 
Certain  slaves   of  emigrants  to 

be  servants,  .  .  .31 
How  long,  .         .  ,3^ 

Affidavit  to  be  filed  .  .  32 
Suchservants  lo  be  instructed,  BZ 
When   to   be    bound   out   by 

overseers  of  the  poor,  32 

Trading  wiih  certain  servants 

prohibited,         .         ,         .32 

Penalty,  ...     32 

Penalty  for  harboring,  .  .     33 

Indentures  when  invalid,  34 

County     superintendents      and 

overseers  to  be   guardians 

of  servants,  .         .     34 

Their  duties  as  such^    .         .     34^ 


INDEX. 


Penalty  on  apprentices,  &c. 
absenting  themselves  from 
service,  .  .  .34 

Apprentice.^,    &c.   how  com- 
pelled to  serve,  .         .     35 
Proceedings  for  misbehaviour,        35 

Offender  may  be  imprisoned 
or  discharged  from  service,     35 

Misconduct  of  master,  ap- 
prentice, &c.  may  be  dis- 
charged, .  .         .35 

When  money  is  paid,  &c.  on 
binding  out,  complaint  for 
miscondiKJt  of  master,  .  36 
When  master  to  enter  into  recog- 
nizance to  appear  at  gene- 
ral sessions,  ,         .     36 

Powers  of  general  sessions,        36 

Proceedings  in  like  cases  by 
master,  .  .  .36 

Powers  of  general  sessions  in 
such  cases,       .  .         .38 

Journeymen  and  apprentices  not 
to  be  restrained  from  using 
their  trade,       ..  ...     37 

Penalties,  .  .  .37 

Executors  may  assign  certain 
indentures  with  consent,  &ic.   37 

Power  of  general  sessions  if 
consent  refused,        .  .      37 

Apj)lication  of  this  title  to 
females,  .  .         .38 

AQUA  FORTFS, 

In  what  quantities  to  be  kept,        270 
Penalty  in  relation  to,  ^  270 

ARREST  and  examination  erf* prisoners 
"VAhai  officers  to  make,     •         .611 
Duty  of  magistrates  on  com- 
plaint,     ....  611 
When  and   how     warrant   to 

issue,       ....  611 
What  warrants  to  be  endorsed,  6 1 1 
Officers  endorsing  protected,    611 
When  prisoner  to  be  brought  be- 
fore magistrate,         .         .  613 
Proceedings  of  magistrate,       613 
If  no  bail  be  given,       .         .  613 
When  warrant  lor  felony,  .  613 

Return  of  warrant,       .         .   613 
Complainant  to  be  examined,  614 


Caution  to  prisoner,  .  .  614 
Hi  5  answers  to  be  written,  614 
Prisoner's  witnesses,    .  .614 

How  exammed,  .  .  614 

Testimony  to   be   signed  by 

witness,  .         .         •  615 

Recognizing  witnesses  to  tes- 
tify, ,         .         ,         .615 
Prisoner  when  to  be  discharged,  615 
Sureties  for  witnesses,  .  615 
How  compelled  to  enter  into,  615 
Bailing,  &c.  the  prisoner,  616 
Returning  examination,             616 
How  compelled,            .         .  616 
Associating  with  another  jus- 
tice,        ....  616 
Officers  authorized  to  let  to 
bail,         ,         .         .         .616 

ARTILLERY,  ,         .         .333 

ASSIGNEES 

Under  the  act  of  abolishing  im- 
prisonment for  debt. 
Their  rights,  duties  and  powers,   317 

ASSISTANT  JUSTICES, 

Appointment  of,  &c.         .  .     38 

Causes  of  which  they  have  ju- 
risdiction,    .         .     58,  62,  42 
"         "         no  jurisdiction,     42 
Justices  to  sign  process,  42 

Process  by  summons  or  war- 
rant,        .         .  .         .43 
Summons,          '     .         .       .     43 
Warrant,               .         .  .43 
Judgment  to  be  given  in  four 
days  after  trial,          .         .     43 
First   process  against  freehold- 
ers or  persons  having  fami- 
lies how  served,         .         .     43 
If  served  personally,  and  de- 
fendant does  not  appear,  to 
proceed  to  trial,          .  .     44 
If  served  by  leaving  copy,  and 
defendant  does  not  appear 
a  warrant  shall  issue,  44 
Unless  plaintiff  elects  to  have 

a  new  summons,        .         .     44 
Defendant  not   appearing  on 
summons,  may,  on  cause 
being  shown,  have  further 
time,        •         .         .         .44 


IN  DEX 


Court  of  assistant  justice  to  be 
held  in  their  respective 
wards,  .  .  .     59, 44 

In  case  of  absence  of  justice, 
who  may  try  cause,  .     44 

In  all  other  cases,  justice  who 
issues  process  shall  try  the 
cause,  .  .  .44 

Trial  may  be  without  process 
by  consent  of  parties,  45 

TVarcant  against  freeholders,  45 

Proviso  as  to  females,  •     45 

Adjournment  of  trial,        .  .45 

*'  allowed  for  want 

of  material  witness,  46 

Not  to  exceed  three  months, 
defendant  to  give  security,     46 

Party  requiring  adjournment, 
to  exhibit  their  account,  46 

Defendant  to  set  off  their  de- 
mand if  any,  on  neglect,  to 
be  precluded  from  their  ac- 
tions. .  .  48  &  56 
""^  aceedings  in  action  of  tres- 
pass,       .         .         .         .47 

After  issue  joined  either  party 
may  demand   a  jury  .     47 

Jury  how  empannelled  .     48 

Justice  to  issue  venire,         .     48 

Jury  to  be  selected  by  bal- 
lot, ...         48,  59 

Challenges  allowed,      .         .     48 

Oath  of  witnesses,        .  .     49 

Oath  of  constable  or  mqr- 
shall 49 

Justice  to  give  judgment  on 
verdict,  .         .  .49 

Ex  parte  evidence  not  to  be 
received  without  consent,        49 

Penalties  on  jurors  and  wit- 
nesses for  nonattendance,       49 

How  recovered,  .  ,     49 

How  appropriated,        .         .     50 
Costs  how  to   be  awarded  and 

execution  how  to  issue,  50 

Constable  how  to  proceed  on 
execution,         .  .  .51 

When  liable  for  amount  of  ex- 
ecution, .  .         .52 

Joint  debtors  how  to  be  pro- 
ceeded against,         .         .     53 


Officer   serving     warrant    to 
have  charge   of  defendant 
untij  discharged  by  justice,     53 
Where     actions      shall      be 

brought,  .      ^  .         53,  59 

Assistant  justice's  fees,       54—60 
Constable's     and    marshall's 

fees,        .         .         •         55, 65 
Juror's  fees,         .  .  .55 

Witnesses'  fees,  .         .     55 

When  defendant  not  preclud- 
ed his  action  for  negligence 
to  set  off  his  demands,  56 

Debts  against  persons  dis- 
charg-ed  to  remain  good,         57 

ATTACHMENTS, 

W^hen   to   be   issued   and    how 

served,  .         .         .321 

AUCTIONEERS, 

Duties  on  auction  sales,  67 

How  to  be  struck  off,  67 

Private  sales  by  auctioneers,      68 
Articles  exempt,  :  .     68 

Sales  exempt,       .  .  .68 

Sales  by  whom  made,  •     68 

Copartner  or  clerk,       .  .     69 

Goods  damaged  at  sea,         .     69 
Inspectors  of  such  goods,  69 

Bond  of  auctioneers,         .  .     69 

How  approved  of,         .         .     70 
How  disposed  of,  .         .     70 

Penalty   for    acting    without 

bond,        ....     70 
Further  penalty,  .         .     70 

Auctioneers  not  to  have  more 

than  one  auction  house,  70 

And  not  to  sell  elsewhere,  71 

Exceptions,  .  .  .71 

Place  for  sale  of  horses,  &c.  71 

Notice  of  certain   sales,  71 

Penalty  for  neglect  of  notice,    71 
Commissions   of  auctioneers 

on  sales,  .  .  .71 

Penalty  for  violating  last  sec- 

ti<m,         .         .         .         .72 
Private  sales  when  and  where 

prohibited,        .  .  .72 

Entry  into  sale  book,  .     72 

Quarterly  account  of,       .         .     72 
To  whom  exhibited,      .         .     73 


INDEX. 


Oath  of  auctioneer,      .          .  73 

Partner  also  to  make  oath,  73 
Duty  of  partner  or  clerk  as  to 
account,             .          .          .74 

Duties  when  to  be  paid,              .  74 

Payments  where  to  be  made,  74 
Receipts  to  be  sent  to  comp- 


troller, 


74 


Affidavit  if  no  sales  be  made,  74 

Penalty  for  neglect  of  duty,  75 

Publications  of  neglect,  75 

Sales  in  New- York,      .  .  75 

Forfeitutes   how    prosecuted 


for, 


75 


Number  of  auctioneers  for 
the  city  and  county  of  New 
York,       .  .         .  .529 

B 

BALLOTS 

Of  names  of  Jurors, 

To    be   made   by    the    County 

Clerk,  .  .         .405 

"Sew  list?  in  every  third,  year  405 
Further  provisions,  406 — 409 

BALLOT  BOXES 

Jit  tUections, 

To  be  provided  by  the  board  of 

inspectors,         .  .  .  208 

Boxes  to  be  locked,      .         .  209 

BASINS,  vidCfVharves.'" 

BASTARDS, 

Who  are  bastards,  .         .     78 

How  supported,  ,  .      78 

Removal  of  mother ;  how  sup- 
ported after  removal,  78 
Proceedings   to   compel  sup- 
port of  mother   and    child 
where  they  belong,              ,     79 
Duty   of  superintendent  and 
overseer,           .          .          .79 
Proceednigs  of  justice  to  ascer- 
tain the  father,            .          .     79 
Proceedings  against  father  out 

of  the  county,  .  •     79 

Endorsement  of  warrant,  79 

Bond  to  be  taken  by  justice 
endorsing  the  warrant,  80 


Proceedings  upon  bond  being 
executed,         .  .  .80 

Upon  failure  to  execute  bond,   80 
Justice  to  associate  another,  81 

Proceedings  by  them,  .     81 

Adjournment  of  proceedings,     81 

Proceedings  and  determina- 
tion of  justice  on  hearmg,       81 

Costs  to  be  paid  by  person 
adjudged  reputed  father 
and  bond  to  be  entered  into,    82 

"VYhen  father  to  be  discharged, 
when  to  be  committed,  82 

Penalty  of  certain  bonds,  83 

Father  how  disposed  of  dur- 
ing examination,        .  .      83 

Examination  in  such  case,         83 
Mother  of  bastard  how  compel- 
led to  testify,  .  .     83 

Mother  when  compelled  to 
support  bastard,  .  .     84 

Proceedings  in  case  of  refusal,   84 

Amount  ordered   to   he  paid 
may  be  reduced  or  increas- 
ed, ...         .     84 
Appeals  from  adjudications   of 

justice,  .  .  .85 

Bond  for  appearance  to  be 
deemed  an  appeal,     .  .     85 

Notice  in  other  cases,  .     85 

Justice  making  order  not  to 
sit  on  appeal,  .         ,     85 

Bonds,  itc.  when  to  be  filed 
in  clerk's  office,         .         .     85 

Subpoenas  on  appeals,  .     85 

Proceedings  on  hearing  appeal,  86 

Court  may  affirm,  quash,  or 
vary  orders,      .         .  .86 

When  hearing  may  be  ad- 
journed, .  .  ,86 

In  certain  cases  to  be  dis- 
chirged,  .  .  .86 

On   affirmance  of  order  of  fili- 
ation, father  to  give  bond,       86 

Consequences  of  neglect,  87 

Bond  for  appearance  when 
forfeited,  .  .         .87 

Proceedings  in  respect  to 
mother  bound  to  appear,         87 

Court  may  affirm,  vary,  or 
discharge  order,         .         .     88 

Costs  on  appeal,  .         .     88 


INDEX. 


When  conrt  may  make  origi- 
nal order  of  filation,  .     89 

Proceedings  when  order 
quashed  for  informality,  89 

When  father  or  mother  impri- 
soned, duly  of  court,         .     89 

When  to  be  dischnrged,  .     89 

Certain  notice  betore  dis- 
charged to  be  given,  .     89 

Insolvent  acts  not  to  apply  to 
persons  imprisoned  under 
this  title,  .  .  .90 

Bonds  for  appearance  to  be 
signed  and  transmitted  to 
court,        .  .  .  .90 

How  to  be  prosecuted,  .     90 

Prevention  bonds  to  support 
bastards,  .  .  .90 

Proceedings  thereon,  what  to 
be  deemed  a  breach,  .     91 

Subsequent  breaches  ;  appli- 
cation for  recovery,  .     91 

Costs  on  judgment  for  defen- 
dant, how  collected,  .     91 

Giving  of  bond,  &c.  .     91 

May  be  brought  against  exe- 
cutors,  &c.      .  .  .92 
Proceedings  against  Father  or 
mother  of    a  bastard    ab- 
sconding, &c.            .          .     92 

Mother  and  bastard  how  to  be 
supported,         .  .  .92 

Mother  not  to  be  removed 
without  her  consent,  .     93 

Superintendents  to  support 
mother  and  child,       .  .     93 

Until  they  do  so — duty  of 
overseers,         .  .  .93 

When  supported  by  overseers 
whether  chargeable  to  the 
town  or  not,     .  .         .93 

Money  received  from  parents 
of  bastards  how  to  be  ap- 
propriated and  accounted 
for,  ....     94 

When  received  on  account  of 
bastards  chargeable  to  the 
county,  how  disposed  of,  94 

Settlement  of  bastards  how  de- 
termined, .  .  .94 

Proceedings  for  that  purpose,     94 


Order  of  justice,  to  fix  sum  to 
be  expended, 

When^  bastard  and  mother  to 
be  removed  to  the  county 
poor-house,       .  .  . 

How  supported  there. 

Penalty  on  superintendents 
and  overseers  for  neglect, 

Compromise  with  putative 
fathers  in  New-York, 

Penalties  on  constables  neg- 
lecting to  deliver  over 
bonds  received  by  them. 

Proceedings  in  case  of  death, 
and  of  justice  issuing  war- 
rant,        .... 

BAY 

*^nd  harbor  ofJSTew  York. 


95 


96 
96 

96 

96 


96 


97 


517 


BEEF, 

For  Jews, 

Provisions  as  to,      .  .         .  359 

Inspector  of  beef  for  Jews.    .   529 

BEEF  AND  PORK, 

Inspection  of. 

Beef  and  pork,  when  to  be  in- 
spected, .         .         .   354 
Penalty  for  violating  two  last 

sections,  .         .         .   355 

Store  or  yard,        .  .  .  355 

Barrels  how  made,        .  .  356 

Qualities  of  pork,  .  .  356 

Salt  and  pickle,  .  .  357 

Bad  pork,  .  .         .   357 

What  beef  to  be  repacked  for 

exportation,      .  .  .  357 

Qualities  of,         .  .  .  358 

Bloody  and  neck  pieces,  358 

Pickle  how  made,         .  .  358 

Barrels  how  made,        .  .  359 

Preceding  sections  adopted,     359 
Compensation  of  inspector,      359 
Prohibition  of  inspector  being 
concerned     in    purchasing 
cattle,       ....   359 
City  of   New-York — penalty 
for     inspecting     in     other 
places,     ....   360 
Penalty  for  other  than  Inspec- 
tor branding,  &c.      .         .  360 


INDEX. 


BEER  CASKS, 

Res:ulalion  of\ 

To  be  giiaged  and  marked,  97 

Size  of  barrel  and  hogshead,       98 
Expense   in  case  of  being   re- 

guaged,  .         .         .95 

BETTING  AND  GAMING. 

All  wagers  declared  unlawful,  98 
Property  staked  may  be  re- 
covered, .  .  .98 
Two  last  sections  qualified,  99 
Penally  for  cheating  at  games,  99 
Winner  to   forfeit   five   times 

the  sum  won,  .  .     99 

Penalty  for  wirjning  or  losing 
twenty  five  dollars,  .     99 

Losers  of  certain  sums  may  re- 


cover them  back, 


99 


When  to  be  collected  by  over- 
seers of  the  poor,     .         .   100 

Securities  for  money  lost  at 
gaming,  void,  .  .   100 

Such  securities  upon  real  es- 
tate to  be  for  the  benefit  of 
heirs,        .         .  .  .100 

Persons  playing,  &c.  competent 

witnesses  atjainst  others,      101 

Answers  to  bills  of  discovery 
may  be  compelled,  .   101 

Answers  not  testimony  in 
certain  cases,  .         .   101 

When  witnesses  may  be  dis- 
charged from  penalties,         101 

Penalty  for,  on  illegal  horse 


racmg, 

BILLS  OF  HEALTH, 

Mayor  when   to   give    bills    of 
health    to    vessels   sailin«r 


26 


from  New-York, 


.   102 


BILLS  AND  NOTES, 

In  case  of  pestilence  in  New- 
York,  registry  to  be  kept  by 
county  clerk,  .         .   103 

Inhabitants   to   register   their 
names  and  places  of  business,  103 
Fee  of  clerk,        .  .         .103 

Register  may  be    examined 
gratis,      .         .         .  .103 


Acceptances  may  be  demand- 
ed, ....   103 

Notices,  &c.  may  be  served 
at  designated  places,  .   103 

Registry  not  made,  drafts, &c. 
may  be  presented  to  the 
clerk,       ....   104 

And  notice,  &c.  to  be  left  at 
the  post-office,  .         .   104 

BOARDING  HOUSE  AND  TAV- 
ERN KEEPERS 

To  report  the  death  of  transient 
persons  to  public  adminis- 
tiator,       .         .  .  .14 

Penalty  for  neglect,   when  to 

be  recovered,  .         .     14 

Duty  of  tavern  keepers,  &c. 

as  to  enrollment,  ixc.         .   105 

Penally  for  neglect,       .         .   105 

vide,  title  Inns  and  Taverns.         340 


BOARD, 

of  Jlldermen  and  Assistants ^ 

Meeting  and  proceedings 

of,  512,513 

BOARD, 

0/   County  Canvassers, 

Board,  how  composed, 

.  213 

When  to  meet, 

.  213 

Secretary, 

.  213 

Oath, 

.  214 

Quorum, 

.  214 

Statement  of  votes 

.  214 

How  certified. 

.  214 

Duty  of  board, 

.  214 

Certificates, 

.  215 

Publication, 

.  215 

Presidential  Electors, 

.  215 

If  Inspectors  cannot  attend, 

.  215 

Duty  of  those  who  attend. 

.  215 

BOARD  of  health. 


664—680 


BOARD, 

0/    Inspectors  of  Elections  to 
provide  f 

Ballot  boxes,            .         .  ,  208 

Ballots  deposited,         .  .  209 

Comparison  of  poll  lists,  ,  209 

Inspectors  to  challenge,  .  210 

Canvass,  when  made,  .  .211 


INDEX. 


Canvass,  how  made,  .  .211 
Proceedings  thereat,     .  .211 

Statement  of  result,  .  .  212 
Poll  list  to  be  destroyed,  .212 
What  ballots  to  be  preserved,  212 

BOARD, 

Of  State  Canvassers, 
Board  of,  how  composed,  .  218 

Dissents,  .  \  .  .  219 
Protests,      .  .  .  .219 

Adjournments,      .  .         .219 

Duty  of  state  canvassers,      .  225 
Statement  of  votes,       .         .  225 
Penalty  for  destroying  certifi- 
cate,       .         .         .         .  225 
For  wilful  neglect  or  corrupt 

conduct,  ....  225 
Pay  of  the  messengers,  .  226 
Repeal,        ....  226 


BOUNDARIES 

Of  New  York  county, 
Of  New  York  city, 


517- 


521 
-520 


Hell  gate  pilots,  . 
Further  provisions^ 


.  578 
579—593 


BRANCH  PILOTS, 

To  be  appointed,     .         .         .  576 
Committee  to  be  chosen  to  re- 
port delinquencies,    .         .  577 


BRIBERY 

At  elections. 


.  230 


BRIDEWELL, 

Commissioners    of    the   Alms- 
house and,         .  .  .18 
Their  power  and  duty            18,  19 
To  be  under  the  charge  of  the 

Mayor  Aldermen,  &c.  .  21 

Disorderly  persons  to  be  com- 
mitted to,  .         .       22,  602 

BRIGADE 

Court  Martial, 

Members  of,  ...   336 

Collection  and  application  of 
fines  by,  ...  337 


BROADWAY, 

Not  to   be    continued 
tenth  street 


beyond 


463 


BUILDINGS, 

Foundation  of, 

How  to  be  laid,        .         .         .106 
No  damages  to  be  recovered 

in  certain  cases,  .  .   106 

Buildings   to  be  of  brick  or 

stone,     .  .  .     264,  276 

Outside  and  party  walls,  264,  275 
Roof,  .         .         .         .264 

Timbers,  ....  264 
Chimnies,  ,  .         .  264 

Front  and  rear  walls,  .  264 

Gutters,  ....  265 
Scuttles,  ....  265 
Plate  pieces,  .  .  .  265 
Anchors,  .  .  .  265 

Buildings  subject  to  the  pro- 
vision of  the  act,       .  .  265 
Buildings  damaged,  how  re- 
paired,     ....  265 
Damages,              .         .          .  266 
Roofs  of  steeples  and  cupo- 
las, &c.              .         .  266, 275 
Public  buildings,                 .          .  266 
Privies,        ....  266 
Penalty,       .         .         .         .266 
Certain      buildings     exempt 

from,  ....  266 
Provision  of  act  of  1830  .  266 
Ash  holes,  .         .         .  267 

Wooden  sheds,  .         .  267 

Wooden  buildings,  267,  27:^,  274 
When  declared  common   nui- 
sances, .      267,  272,  274 

BULK  HEADS,        .         .         .141 

BUTCHERS, 

Common  Council  to  regulate,  .   143 

BY-LAWS 

Made  by  the  Corporation  to  re- 
main in  force  three  years  .   144 
Common   Council  to  impose 

penaltyfor  the  breach  of,  .   144 
And  direct  a  part  to  be  paid 
to  the  informer,         .         .  144 


I  N  D  K  X. 


CANVASS 

Of  volts  in  jyew  York, 

To  be  completed  within   three 

days,        .  ,  .  .234 

How  made,  .  .  .211 

^Vhen  made,         .         .  .211 

Statement  of  result,       .  .212 

Poll  h=jts  to  be  destroyed,      .212 
What  ballots  to  be  preserved,  212 

CARGO  OF  VESSELS.  669  to  677 

CARRIAGES, 
To   take  the  right 

road,        .  .  .         .107 

Penalty,       .         .         .         .107 


side   of  the 


CAVALRY, 

Persons  under  18  years  prohibit- 
ed from  enli-^ting  in,  .    107 

CENSUS 

(jj  InliabitantSy 

When  to  be  taken,  .  .  .108 
Blank  returns  to  be  printed,  .  108 
To  be  sent  to  county  clerks,  108 
Marshals  in  each   town   and 

ward,       .         .         .         .109 
To  be  furnished    with   blank 

returns,    .         .  .  .109 

Duty  of  marshals,  .  .109 

Form  of  returns,  .  .109 

What  to  be  (numerated,         .   112 
Returns,  how  verified,  .    112 

When  to  be  delivered  to  coun- 
ty cleiks,  .         .         .112 
Returns  by  county  clerks  to 

secretary  of  state,      .         .112 
Report  of  secretary  to  the  le- 
gislature, .         .         .112 
Expenses,  how  paid,     .  .112 
Penalty  for  refusing  informa- 
tion,        .          .          .         .113 

CHARTER  OFFICERS, 

Special  election  in  case  of  equa- 
lity of  votes,     .         .  .   234 
How  to  be  conducted,  .  234 
Past  and  future  cases,  .  234 
Provision    as     to    collectors 
elected,   ....  234 


CHARTER 

OfJ^eiD  York  amended 
Legislative  power,  .         .511 

IS  umber  of  aldermen  and  as- 
sistants, .         .         .511 
To  be  chosen  for  one  year,   .  611 
Annual  election  of  charter  of- 
ficers,      .         ..       .         .512 
First  election,      .  .  .  612 
Special  elections,          .  .  512 
Meetings   and    proceedings    of 

the  two  boards,  .  .  612 

May  compel  the  attendance  of 

Uiembers,  &c.  .         .  513 

Stated  and  occasional  meet- 
ings,       .         .         .         .  513 
Laws,  &c.   may  originate  in 

either  board,     .  .  .  613 

Members  hot  to  be  appointed 

to  office,  .         .         .  513 

Acts,  &c.  how  to  be  passed,  513 
Mayor  and  recorder  not  mem- 
bers of  common  council,  .  514 
Vacancy  in  offi<  e  of  mayor,  .  514 
Duty  of  the  mayor,  .  .  514 
Appropriations,  .         .515 

]..oans,  ....  5X5 

Annual  statement  to  be  pub- 
lished,     .         .         .         .515 
Executive  business,      .  .515 

Accountability  of  officers,  .  516 
Clerk  of  common  council,  .  cl6 
Division  of  council,  when  to 

take  effect,        .  .  .516 

Sections    applicable   to   pre- 
sent common  council,        .   516 


CHILDREN, 

Certain  children  of  slaves  to  be 
servants, 

For  what  time,     . 

Such  servants  to  be  instruct- 
ed, .         .         .         . 

Effect  of  neglect, 

Powers  of  the  common  coun- 
cil in  relation  to  abandoned 
children, 
vide  "  Apprentices,  slaves,  &  serva 


SO 
31 

31 
31 


607 
nts." 


CHIMNIES, 

Common  council  to  pass  laws  in 

relation  to  the  sweeping  of,   144 
2 


10 


INDEX. 


Further  provision, 


264 


CIRCUIT  COURTS,        .         .  146 
Four  circuit  courts  each  year  to 

to  be  held  in  New  York,    .   146 
By  whom,  and  how  often  ad- 
journed, .         .         .   147 
Sittings  in  New  York,  and  by 

whom  ordered,  .         .   147 

Clerk  of,      .         .         .         .147 

CLERK 

OJ  Jissistant  Justices  Courts, 
By  whom  appointed — his   oath 
'  and  bond,         .         .         .60 

Duties,     .         .         .         60,  116 


CLERK  in  Chancery, 


181 


CLERK 

Of  the  City  and  County  ofjY,  Y. 
Registry   of   inhabitants    to   be 
kept  in  time  of  pestilence 
by,  .         .         .         .   103 

Inhabitants   to    register   their 
names  and  places  of  busi- 
ness,        .  .         .  .103 
Fees  of  clerk,      .         .         .   103 
Register   may  be    examined 


gratis, 


103 


Acceptances,  &c.  may  be  de- 
manded, .         .         .   103 

Notices,  &c.  may  be  served 
at  the  designated  places,   .   103 

If  registry  not  made,  drafts, 
&c.  may  be  presented  to 
clerk,       .  .         .  .104 

And  notices,  &c.  may  be  left 
at  the  post  office,       .  .104 

Office     of  clerk,    &c.     to     be 

kept  open,         .         .         .113 

Provisions  as  to  office  hours 
amended,  .  .         .   113 

Duty  of  county  clerk,  *         .113 

To  deliver  statement  of  votes 
taken  in  each  town  to  coun- 
ty canvass,        .  .         .216 

To  procure  them,  .         .216 

To  record  them,  .  .216 

To  prepare  copies,        .         .216 


To  transmit  lists  to  secretary 
of  state,  .         .         .  217 

Further  duty,        .         .         .  226 

Lists  of  votes  to  secretary  of 
state,        ....  217 

Further  duty,        .         .         .  224 
do.        do.         .         ,  .  225 

CLERK  of  Common  Council, 

By  whom  appointed,         .         .116 
His  duties,  .         .     116,  516 

To  sign  firemen's  certificates,  261 


CLERK  of  Common  Pleas, 

Duties  of,        ....  254 
His  compensation,  and  pay- 
ment  over   of  monies  col- 
lected,     .         .         .         .254 
vide — "Clerk  of  the  city  and  county." 

CLERK  of  Courts  of  Record, 

Duties  of  in  relation  to  fines,    .  254 

CLERK  of  General  Sessions, 

By  whom  appointed,  .  .114 
Fees  of,  .  .  .  .115 
To  be  clerk  of  oyer  and  ter- 
miner, ....  148 
Of  the  special  sessions,  .  149 
To  appoint  a  deputy,  .   149 

CLERK  of  Oyer  and  Terminer, 
How  appointed,        .         .         .114 
Fees  of,       .         .         .         .115 

CLERK  of  Police, 

Fees  of,  .         .         .         .116 

To   render  an  account  of  the 
monies  received  by  him,        116 

CLERK  of  Special  Sessions, 

Duties  of,        ...         .   169 

CLERK  of  Superior  Court, 

Fees  of,  .         .         .         .162 

CLERK  of  Supreme  Court, 

Fees  of,  .         .         .         .116 

Further  provision,         .         .  147 


INDE  X. 


11 


COLLECTORS, 

Collector's  fees  may  be  retained,  118 
Bond  and  fees  of,  118,  119 

Bond  and  fees  of,  may  be  al- 
tered,       .         .  .         .119 
Provisions   on  death  and  re- 
moval of,           .         .  .118 


90LLEGE 

Of  Electors, 

Meeting  and  duty  of. 

.  227 

List  of  electors, 

.  227 

.    When  and  how  to  vote 

.   227 

List  of  voles, 

.   228 

Messenger, 

.  228 

His  duty. 

.  228 

Compensation  of  electors, 

228 

COLLEGE 

Of  Physicians  and  Surgeons^ 
Authorized  to  receive  bodies  of 

convicts,  .         .         .117 

COMMISSIONERS  of  Ahus  House, 

Powers  of 

May  bind  out  poor  children  to 
persons  residing  in  any  part 
of  the  State,     .  .  .19 

Commissioners,  by  whom  ap- 
pointed, .  .         .18 
Their  duties,         .  .  .18 
Further  powers  of,        .          .      19 

COMMISSIONERS  of  Deeds, 

Duties  of,        ...  .   120 

Number  to    be  appointed  in 

New- York,       .          .  .121 

Repealing  clause,          .  .    121 

How  appointed,             .  .  643 

"U  ho  ineligible,     .          .  .   544 

Tenure  of  office,            .  .  544 

COMMISSIONERS  of  Excise,    236 

Certain  penalties  not  to  be  sued 

for  by  overseer  of  poor,        236 
Duty  of  commissioners,  236 

Common  Plea*  costs  taxable 

in  certain  cases,         .  .  2.36 

Suit  not  to  abate  by  d-eath,        23b 
Jurors  and  witnesses,  .  236 


Commissioners  duties  in  pay- 
ing over  monies,       .         .  237 
Salary  of,  ...  237 

To  give  bond,  .  .  .237 
Condition  thereof,  .  .  238 
'V^  here  commissioner  neglects 

to  give  bond,  .         .  238 

Provision  where  commission- 
ers refuse  to  give  bond,         238 

COMMISSIONERS  of  Loans,     121 
Who  to  be  judges  of  sufficiency 
of  sureties  of  commission- 
ers, .         .         .         .121 

COMMISSIONERSof  School  money, 

How  appointed  and  by  whom,       128 

Tenure  of  their  office,  .  128 

COMMISSIONER  of  Streets. 

vide  *'  Streets." 


COMMON  COUNCIL,    . 

Powers  oj, 

To  make  rules  for  the  govern- 
ment of  public  administra- 
tor, .... 

To  appoint  commissioners  of 
the  almshouse. 

May  remove  commissioners 
and  appoint  others,    . 

And  make  ordinances  for  the 
government  thereof, 

To  appoint  a  keeper  of  the 
penitentiary,     . 

To  appoint  keeper  of  the  city 
jail,  .... 

To  appoint  officers  to  the 
almshouse,  bridewell,  and 
city  prison. 

To  appoint  superintendant  of 
almshouse. 

To  appoint  assistant  justices 
and  clerk,  .         .     40, 

To  assign  other  places  than 
the  city  hall  to  hold  certain 
courts,     .... 

To  regulate  fences. 

To  designate  a  place  for  the 
sale  of  horses,  carriages, 
&c.  .... 


16 


18 


18 


19 


21 


21 


22 


22 


116 


151 

238 


71 


la 


INDEX. 


To  regulate  fees  on  distress 

for  rent,  .  .  .   140 

To  pass  laws  for  filling  up  and 
regulating  grounds,  yards, 
and  cellars,       .  .  .   141 

For  filling  up  lots  adjoining 

rivers,  ....  141 
For  compelling  bulk  heads  to 

be  made,  .         .         .141 

For  filling  up  slips,       .         .   141 
For    cleansing     privies    and 

sinks,  ....  141 
For  regulating  the  interment 

of  the  dead,  .  .  .  141 
For  preventiiig  the  turning  up 

of  new  made  ground,  .   14^ 

To  appoint  inspector  of  lots,   142 
To  pay  one-third  part  of  the 

expense  of  filUng  up  slips,   142 
To  cause  work  to  be  done, 
and   recover  expenses,    of 
parlies  interested,      .  .   142 

By  distress  and  sale,    .  .    142 

Or  by  action  of  account,        .   143 
Such  expenses  a  lien  on  pro- 
perty,      ....   143 
To  pass  laws  prohibiting  the 

sale  of  articles  on  Sunday,  143 
Suppressing  gaming  houses,  143 
Regulating  hackney  coaches,  143 
Taxing  and  destroying  dogs,  144 
Sweeping  of  chimnies,  .   144 

To  impose  penalties  for  breach 

of  by-laws,        .  .  .144 

And  direct  part  to  be  paid  to 

informer,  .  .  .   144 

By-laws  to    remain  in   force 

three  years,  .  .  .144 
To  appoint  inspectors  of  elec- 
tions, .  .  .  .  235 
To  appoint  clerk  of  the  assist- 
ant justices  court,  .  .  60 
May  appoint  their  own  clerk,.  116 
To  appoint  commissioners  of 

common  schools,       .  .128 

To  appoint  firemen,       .         .  278 
May  remove  firemen,    .  .  278 

To  order  inhabitants  to  pro- 
cure fire  buckets,      .         .  279 
And  to  impose  penalty    for 
neglect,  .         .         .         .280 


To  pass  ordinances  respect- 
ing fines,  .         .         .  281 

To  direct  where  the  police 
ofiice  shall  be  kept,  .  602 


COMMON  PLEAS, 

Court  of, 

How  held,       .... 

122 

Terms  of  the  court, 

V2Z 

Costs  in,     . 

122 

Number  of  jurors  may  be  in- 

creased in  certain  cases. 

123 

Rules  for  entering   and  per- 

fecting bail  in,            . 

123 

Orders  out  of  court,     . 

124 

Supreme  court  may  make  or- 

der in  certain  cases, 

124 

To  stay  proceedings, 

124 

Powers  of  the  first  judge  of 

New-York  at  chambers. 

125 

Further  provision. 

126 

Powers  of  Recorder  in, 

126 

COMMON  SCHOOLS, 

Clerk  of  New- York,  duties  with 

respect  to  common  schools,  127 
Corporation  to  raise  money,  127 
"Where  deposited,  .         .127 

Commissioners  how  appointed,  1 28 
Vacancies,  .  .  .    128 

Who  ineligible,  .'         .128 

Monies  how  distributed,  128 

When  trustees  to  report,  con- 
tents of  report,  .  .128 
Duties  of  commissioners,         129 
Appointment  haw  made,  130 
Appeal,        .         .         .         .130 

COMMON  SEWERS, 

Corporation  to  cause  them  to  be 

made,  street  filled  up,    &c.   131 

Expenses  thereof  how  esti- 
mated and  assessed,  .   131 

Assessment  to  be  ratified  by 
common  council,       .  .   132 

And  in  default  of  payment  to 
be  levied  by  distress  and 
sale,         .         .         .         .132 

Agreement  between  landlord 
and  tenant  not  affected,        132 

Persons  paying  for  others  k> 
recover  back,  .         .  132 


INDEX. 


IS 


Further  assesment  how  made,  132 

CONSTABLES  &  MARSHALS, 
Fees  of,  regulated,  63,  64,  132 

Jiorid  of  officers  in  New-York,  132 
Mild^e,        .         .         .         .132 
How  to  proceed  on  an  execu- 
tion from  a  justice's  court,      51 

CONVrCTS, 

Employment  of, 

Certain  convicts  to  be  employed 

at  discretion  of  corporation,   134 

CONVICTS, 

Female, 

Contract  respecting  female  con- 
victs,       ....   135 
Where  to  be  confined,  .   135 

Under    whose     direction     in 
New- York,      .         .         .135 

CONVICTS, 

Jnsant^and  under  a»;e,  136 

Keeper  of  tstate   prison  to  re- 
port the  insanity  ofconvicts 
under    their    charge,    and 
•  have    them   sent  to  New- 

Yoric,       .         .         .         .137 
When  to  be  returned  to   pri- 
son,        ....   137 
Expense  how  defrayed,         .   137 
Under  age,  to  be  sent  to  the 

house  of  refuge,        .  .137 

Expense  how  paid,        .  .   137 

To  be  raised  by  tax,      .         .   138 

CORONER, 

How  elected,            .          .  .  548 

Cases  in  which  coroner  is  to 

summon  jury  of  inquiry,  138 

Swearing  jury,     .          .  .   138 

Subpoena  for  vvitnesses,  .   139 

How  enforced,              .  .139 

Inquisition  of  jury,        ,  .    139 

Proceedings  of  coroner,  139 

Testimony  of  vvitnesses,  139 

Corouer's  inquest,          .  .140 

Fees  of  coroner,  ,  .  140 
Certain  officers  when  to  act 

as  coroner,      .         ,  ,16 


CORPORATION  of  New-York,  145 

Responsible  for  public  adminis- 
trator,     .         .  .         .13 

Common  council  to  regulate 
feee  on  distress  for  rent,        140 

To  pass  laws  for  filling  up  and 
regulating  grounds,  yards 
and  cellars,       .  .         .    141 

For  filling  up  lots  adjoining 
rivers,      ....   141 

For  "compelling  bulk  heads  to 
be  made,  .         .         .  141 

For  filling  up  slips — cleansing 
privies  and  sinks,      .         .   141 

For  regulating  interment  of 
the  dead,  .         .         .141 

For  regulating  boarding-hous- 
es and  taverns,  .  .   141 

For  preventing  the  turning  up 
of  new  made  ground,  .   141 

Common  council  to  appoint 
inspector  of  lots,      .         .   142 

Expense  of  certain  works 
how  to  be  estimated  and 
assessed,  .         .         .  142 

Common  council  to  pay  one- 
third  part  of  the  expense  for 

-    filling  ill  slips,  .         .   142 

May  cause  work  done  and  re- 
cover expense  from  parties 
interested,         .         ,         .142 

By  distress  and  sale,     .         .   142 

Or  by -action  of  debt,     .  .   143 

Such  expense  a  lien  on  pro- 
perty assessed,  .         .  143 

Common  council  to  pass  laws 
prohibiting  the  sale  of  arti- 
cles on  Sunday,         .         .   143 

Suppressing  gaming  houses,     143 

Regulating  hackney  coaches,    143 

Taxing  aud  destroying  dogs,     144 

Sweeping  of  chimnies,  .   144 

May  impose  penalties  for 
breach  of  by-laws,     ,         .  144 

And  direct  part  to  be  paid  to 
informer,  .         .         .   144 

By-laws  to  remain  in  force 
three  years,     .  .         .144 

Corporation  to  raise  money 
for  the  support  of  common 
schools,  .         .         .  127 

i;td«— "  Streets  and  Wharves." 


u 


INDEX. 


COSTS 

In  suits  brought  in  the  name  of 
the   peopie,  how  appropri- 
ated,       .         .         .         .146 
Power  of  the  court  of  sessions 
in  relation  to,  .         .         .  605 

COUNTY 

And  State  Canvassers, 
When  special  election  is  neces- 
sary, to  give  notice  theteof,  202 
When  and  how  given,  .         .  202 
When  signed,       .         .         .  202 

COUNTY  SUPERINTENDENTS, 

When  rnay  bind  out  infants,  28 

To  be  guardians  of  servants,  34 
Their  duties  as  such,  .  .  34 
Duties  with  respect  to  bas- 
tards, .  .  .  .79 
To  support  mother  and  child,  73 
Penalty  for  neglect,       .  .     96 

Powers  of,  respecting   luna- 
tics, ....   448 
Powers  of,  respecting  poor,      627 

COURTS,  Circuit, 

Four  circuit  courts  each  year  in 

New-York,       .         .         .146 
By  whom  and   how  often  ad- 
journed, .         .         .   147 
Sittings  in  New-York,  and  by 
.    whom  ordered,  .         .   147 
Clerk  of,     .         .         .         .147 

COURTS  of  Commom  Pleas, 

To  regulate  fisheries,       .         .  288 
vide  title  *'  Common  Pleas,"  page     122 

COURT 

For  the  Correction  of  Errors,      147 

COURTS,    Criminal, 

Jruisdiction  of,         .         .         .   148 

Time  for  drawing  grand  jury,   149 

Clerk  of  the  court  to  appoint 
a  deputy,  .         .         .   149 

Clerk  of  special  sessions,  du- 
ties of,     .         .         .         .   149 

Transcript  of  convinction  and 
sentence,  .         .         .149 

Fines,         .         .         .         .150 


Transcript  not  to  be  filed,  150 
Courts  where  to  be  held,  150 

Commoin   Council   to   assign  , 

other  places  than  the  City 
Hall,  for  common  jails,  150 

COURT  of  General  Sessions.         154 

Duty  of  recorder  in,  .  .154 

Powers  of  general  sessions,     154 

Aldermen  to  attend,       .  .154 

Terms  of  court,  .         .154 

COURTS  of  Record, 

How  directed  in  New- York,  152 
Terms  of  process,  .  ,  152 
Adjournment  of  such  courts,  152 
Place  of  holding  when  court 

house  destroyed  by  fire,     .   153 
Spirituous  liquors   not   to  be 

sold  in  court,  .         .   153 

Penalty,      .         .         .         .153 

COURT  of  Special  Sessions,         155 
Power  of  court  on  requisition  of 

prisoner,  .  .  .   155 

When  to  give  bail,         .  .    155 

Officers  to  form  the  court,  156 
Proceedings,        .  .         .156 

Right  of  appeal,  .  .    156 

When  to  be  made,  ■.  .166 
Proceedings  thereon,  .  .  156 
Keeping  of  minutes  of  trials,  157 
By  whom  held  in  iMew-York,  157 
Judgments  how  executed,         157 


COURTS,    Superior, 

Name, 

.   158 

Justices, 

.   159 

Terms, 

.   159 

Adjournments,      . 

.   158 

Actions,       , 

.   159 

Causes  and  motions. 

.   159 

Salaries, 

.   159 

Seal,             .         .    • 

.   160 

Chrk, 

.   160 

Form  of  process, 

.   160 

Writs, 

.   160 

Teste, 

.    160 

■  Restrictions, 

.   161 

Writs  of  subpoena. 

.   161 

Order  for  removal  of  ca 

uses,    161 

INDEX. 


IS 


"When  and  how  made,  .  161 
Copy  of  order  to  be  filed,  161 
Order  to  stay  proceedings,  162 
Writs  of  error,  ?  .  .162 
Fees  of  the  clerk,  .  *  .  162 
Costs,  .  .  .  .162 
Judgments,  .  .  .  163 
Powers  of  justices  at  cham- 
bers, ".  .  .  .163 
Writs  of  certiorari,  .  .163 
Places  of  holding  court  may 

be  ch?inged,     .         .  .   164 

Clerk  may  adjourn  court,  164 

Transfer  of  actions,     .  .164 

Suits  how  brought  in,  .   165 

Special  bail,          .         .  .165 

Jurors,  in     .         .         .  ,165 

.  Act  when  to  take  effect,  .166 

Suits  how  brought  in,  .   165 
•      Hearing    of  non-enumerated 

motions,            .         •  .165 

D 

DEAF  AND  DUMB,  166 

Preamble,        .         ...         .166 
Corporation  created,  .   166 

Officers  to  be  elected,  .  167 

Directors,  .  .  .167 

Power  to  make  by-laws,         .   168 
Declared  a  public  act,  .   168 

Admission  of   indigent   deaf 

and  dumb,         .  .         .   168 

Provisions  as  to  those  already 

received,       .  .         .169 

Public  notice  to  be  given,         169 
Certificate  to   entitle   admis- 
sion,       ....   169 
Indigent  pupils  to  be  provided 

with  board,       .  .  .   170 

Power  of  supervisors  in  cer- 
tain cases,  .  .  .  170 
Duty  of  collectors,  .  .171 
Act  extended  to  five  years,  171 
Powers  of  directors,  .  171 
Ten  thousand  dollars  appro- 
priated, .  .  .  172 
Provided  the  directors  raise  a 

like  sum,  .         .         .   172 

How  applied,        .         .         .172 
Further  proviso,  .         .172 


Powers  and  duties  of  direc- 
tors, .  .  .  ..  173 
Additional  pupils  to  be  re- 
ceived, .  .  .  173 
Expense,  .  •  .  173 
Shares  of  literature  fund,  173 
Keturn  of  pupils  to  be  made,  174 
Act  continued  in  force  five 

years,  .         .         .174 

Central  asylum,  .         .  174 

Subject  to  visjtation  from  su- 
perintendent of  common 
schools,  .         .         .  174 

DEATHS,  in  New- York,  175 

Physicians  and  surgeons  to  per- 
form certain  duties,       686, 175 
Penaky  for  neglect,      .    689,  175 
Duty  of  sexton  before  inter- 

ing  dead  bodies,        .         .   175 
Penalty  for  neglect,       .         .   176 
Regulating  the  interment  of 
thedeadj  .         .         •  141 

DEBT, 

Abolishing  Imprisonment  for, 
Imprisonment    for    debt    abol- 
ished,      .         .         .         .  312 

Exceptions,  .         .         .  312 

Plaintiff  may  apply  for  warrant 
to  arrest  detendant,  .  312 

Evidence  to  be  adduced  to  the 
officer  in  support  of  appli- 
cation, -  .         .         .         .  312 

Warrant  may  be  issued,         .  313 

How  executed,     .         .         .  313 

Persons  arrested  may  contro- 
vert facts  on  which  war- 
rant issued,      .         .         .  313 

Power  of  officer  conducting     .s 
the  inquiry,       .         .         .  ,313 

In  what  cases  defendant  may 
be  committed,  .         .  314 

In  what  cases  not  to  be  com- 
mitted,    ....  314 

To  remain  in  custody,  .  315 

Person  committed  may  peti- 
tion for  assignment  of  his 
property,  .         .         .315 

To  deliver  list  of  creditors 
and  inventory  of  estate,     .  316 


It 


INDEX. 


To  serve  notice  on  plaintiffs,    316 
Creditors   may   oppose   such 

application,       .         .         .  316 
Officer  niay  adjourn  hearing 

for  thirty  days,  .  .316 

Assignees  may  be  appointed,   3] 7 
Their  right  and  powers,  .  317 

General  provisions,      .  .  317 

Proceedings   in  cases   of    per- 
sons imprisoned  when  this 
act  takes  effect,         .         .  31S 
How  imprison'ed  persons  may 

proceed,  .         .         .318 

Fees,  .         .         .         .318 

Bond,  to  what  to  apply,         .  318 
Ainount    of   recovery    when 

bond  is  forfeited,       .         .319 
Not  to  apply  to  debts  ,of  fifty 

dollars,     .  .  .  .319 

Puni;shinent  for  removing  pro 


perty. 


319 


Proceedings  in  cases  of  con- 
victions, .         .         .319 

In  cases  of  perjury  of  wit- 
nesses,    ....  320 

In  case  of  bill  in  equity,         .  320 

Executions,  in  what  form  to 
be  issued,  .         .  320 

Warrant,     in     what     case     to 

issue,       ....  320 

In  cases  of  non-resident  plain- 
tiffs, .         .         .         .321 

Of  non  resident  defendants,  .  321 

Suits  by  attachment  before 
justices,  ....  321 

In  what  cases  to  be  summon- 
ed, ....  322 

Attachment,  how  to  be  served,  322 
.  Proceedings  when  personally 
served,     .         .         .         .322 

When  not  personally  served,    322 

Judgment  to  be  presumptive 
evidence  of  indebtedness,     323 

Condition  of  bond,  when  ex- 
ecuiion  cannot  be  issued 
against  body,   .         .         .  323 

Repeal  of  three  sections  of 
Revised  Statutes,      .         .  323 

Costs  allowed  on  two  sum- 
monses only,    .         .         .  324 

Certain  provisions  of  Revised 
Statutes  to  apply  to  this  act,  324 


Persons  imprisoned  when 
act  takes  effect  to  be  dis- 
chaKged,  .         .  .  324 

How  ealitled  to  discharge,    .  324 

DEEDS, 

Recording  of  hij  Clerk  of  Couniy, 
Deeds  to  be  recorded,  and  effect 

of,  .  .  .  .   176 

Duty  of  clerk,     .  .  .176 

Index  to  be  made,  .  .    177 

Free  access  to  be  allowed,       177 

Register's    duty   with     respect 

to  the  recording  of  deeds 

and  his  fees,      .         .   178,  179 

DEPUTY  CLERICS, 

Deputy  clerks  to  be  appoint- 
ed, ...  149,  179 
To  take  an  oath,  .  *.  i80 
Powers  of,  .  .  .180 
Duties  of,  .  .  .180 
Certain  deeds  to  be  recorded 

by,  .  .  .      696,  178 

Register  to  make  an  index  to 

each  book  of  record,  179 

Fees  for  recording,  696,  179 

df:puty  clerk 

OJ  Cily  and  County,         ,  .179 

By  whom  appDinied,      .  .   179 

To  take  an  oath,     '       .  .180 

Powers  of  deputy  clerk,  .   180 

Duties  and  emoluments  of,    .   180 

Clerk  in  chancery  may  appoint 

deputy  to  perform  certain 

duties,      ....   181 

DISCHARGE 

Of  persons  imprisoned  under  the 
act  abolishing  imprison- 
ment for  debt,  .         .324 

DISORDERLY  PERSONS 

May  be  committed  to  the  peni- 
tentiary for  six  months  at 
hard  labor,         .  .      22,  603 

Enumeration  of,  .      182,  603,  604 
Proceedings  against  ihem,     .   183 
Surety      for      good      beha- 
viour,       .         .         .  183,  603 


INDEX, 


17 


Record  of  conviction  and 
commitnnent,    . 

Breaches  of  recognizance, 

Prosecutions  iherefor,  . 

Consequences  of  recovery,    . 

Two  justices  may  discharge 
in  certain  cases. 

Jail  keeper  to  exhibit  lists,  &c. 

Court  may  discharge  or  au- 
thorize to  bind  out,    . 

Effect  of  indenture,* 

May  commit  to  jail, 

Disorderly  persons  compel- 
led to  work. 

Expense,  how  defrayed, 

Disposition  of  proceeds,  ac- 
counting for,     .         ,         . 

Proceedings  against  persons 
intoxicated, 

DISORDERLY 

Practices,         .         .    186,  603, 

Discharge  of  fire  arms  on  cer- 
tain days. 

Gaming  tables  at  parades, 
elections,  &c.  prohibited,  . 

To  be  destroyed. 

Gaming,  &c.  in  taverns  and 
vessels  prohibited,     . 

Penalties  for,        .  . 

How  collected,     . 

Penally  for  riding  or  driving  at 
a  greater  speed  than  five 
miles  an  hour,  . 

DISTILLED   SPIRITS, 

Inspection  of, 

Distilled  spirits  to  be  inspect- 
ed, .... 

Standard,     .... 

Pimishment  for  adulterating  . 

For  altering  inspected  spirits. 
Number  of  inspectors  in  New- 
York,       . 

Their  duty. 

Inspection, 

Fees,  • 

Penalty, 
Duty  of  inspector  general, 

To  report,   . 

In  case  of  dispute, 

Fees  of,   .    . 


183 

188 
183 
183 

184 
184 

184 
184 

1S4 

185 
185 

185 

eo3 


604 
186 

186 

187 

187 
187 

187 


603 


388 
389 
389 
389 

389 
390 
390 
390 
390 
391 
391 
391 
392 


DISTRESS. 

Certain  articles  loaned  by  insti- 
tutions free  from  seizure,  .   188 
A  receipt  to  be  taken  for  said 

goods,      .         .         .         .188 
And  the  evidence  thereof,      .   189 

DISTRICT  ATTORNEY, 

Duty  of,  ...   419,  562 

How  appointed,   .         .         .  541 
Salary  of,     .         .         .         .  541 

vide  "   Salaries," 

DOCKS 

Harbor  masters  to  enforce  the 

law  relative  to  cleansing,  .  SOI 

DOGS 

Common  Council  to  pass  ordi- 
nances relative  to  the  tax- 
ing and  destroying  of,         .   164 


DRUNKARDS,  Habitual, 

Delivery  of  liquor  to  drunkards 
prohibited, 
Penalty  for  disobeying  notice, 
Charge  may  be  contested, 
Proceedings, 

Venire,         .... 
Jury,  .         . 

Effect  of  verdict, 
Costs,  .         .         .        *. 

Overseers  how  paid  for  ser- 


DUELLING, 

Punishment  for  fighting  duels,      193 
Sendftg  challenges,  &c.  194 

(  ffenders  to  testify,       .  .194 

Disqualification  for  office,  194 

Inhabitants  giving  challenges 

out  of  the  State,  .  ,  194 
Place  of  trial,  .  .  .195 
Former  conviction,       .         .195 


DUTIES 

On  auction  sales, 


.     67 


3 


IS 


INDEX. 


ELECTIONS, 

General  and  Special, 
General  elections  defined, 

AVhen  held, 

Duration, 
Special  elections,     . 

Vacancies, 

How  ordered, 

Proclamation, 

Elections  how  held, 

Inspectors, 
Governor's  election. 

Publication, 

When  and  how  given. 

How  signed, 
Notice  to  inspectors. 

Publication, 


Inspector's  notice  to  electors,  203 

Contents,              .          .  .  203 

How  posted,         .          .  .  203 

Board  to  be  formed,         .  .  204 

Chairman,             .         .  .  204 

Clerks,         •         .         .  .204 

Poll  opened,         .         .  .205 

Adjournment,  .  .  .  205 
Ballot,         ....  205 

Its  form,       .          .          .  .206 

Endorsement,      .         .  .  206 

Contents,               .          ,  .  206 

Stale,           .          .          .  .206 

Congress,  »  .  .  .  206 
County,       ....  206 

Challenges,           .          .  .207 

Oath,            .          .          .  .207 

Challenge  as  a  convict,  207 

Ballot  boxes,            .          .  .207 

Ballots  deposited,         t  .   208 

Poll  lists,               .         .  .209 

Comparison  of  poll  lists,  209 

Inspectors  to  challenge,  .  209 

To  preserve  order,        .  .210 

Canvass  when  made,  .  210 

"         how  made,      .  .211 

Proceedings  thereat,  .  211 

Statement  of   result,  .211 

Poll  list  to  be  destroyed,  212 
"What  ballots  to  be  preserved,  212 

Board  how  cosmpoed,  .  213 


197 
198 
198 
198 
198 
198 
199 
199 
199 
199 
200 
201 
202 
202 
202 


Oath,            .          .         ,  .214 

Quorum,      :         .          ,  .  214 

Statement  of  votes,      ,  ,  214 

Howcenified,                .  .  214 

Duty  of  board,               .  .214 

Certificates,          .          .  .  215 

Publication,           .         .  .  215 

Presidential  electors,  ,  215 
If  inspector  cannot  attend   his 

duty,  .  .  .  215 
Duty  of  those  who  attend,  215 
County  clerk  to  deliver  state- 
ments, &c.  .  .  21& 
To  procure  them,  .  .216 
To  record  them,  .  .  2l6 
To  prepare  copies,  .  .  216 
liists  to  Secretary,  .  .217 
To  record  statements,  .  217 
Special  messengers,  .  .  217 
To  notify  State  canvassers,  218 
Charter  election.           .  .233 


223,  233,  196 


When  to  meet, 
Secretary, 


213 
213 


ELECTORS, 

Qualification  of, 

"  of  persons  of  color,   196 

Persons  convicted  of  crimes 
prohibited  voting  except 
pardoned,  .         .         .   197 

Privileges,  .  .  .197 

Oath,       .  ...  233 

Penalty,  .  .         .233 

ELECTORS    of  President  and  Vice 
President. 

TVhen  chosen,               .  .222 

How,            .             .  .222 

District  canvassers,  .  222 

.Their  meeting,               .  .  222 

Their  proceeding,          .  .  222 
Election  by  general  ticket         223 

Ballot  box,                 .  .   224 

Duty  of  county  clerk,  .  225 

ELECTIONS,    Special,  234 

How  to  be  conducted,       .  .   234 

Provisions  as  to  collectors,       234 

EXECUTIVE  OFFICERS, 

Governor  and  lieutenant  gover- 
nor, .  .  .  535 
In  case  of  equality  of  votes 
for  governor,            .        .  636 


INDEX. 


19 


The  like  for  lieutenant  gover- 
nor, .  .         .  536 
Qualifications  of  governor,       536 
State  officers   how  and  when 

appointed,  .  .   536 

Tenure  of  their  office,  537 

Treasurer,  .  .   537 

Nomination  of  State  officers,   537 
Proceedings     in    case    they 
•    agree,       .  .  .  537 

In  case  they  disagree,  .  537 

State  printer,  .  .   537 

Governor's  private  secretary, 
&c.  .  .         .  537 

EXECUTORS, 

When  may  bind  out  minors,  27 

May  assign  certain  indentures 

with  consent,  .  .     37 

When  executor,  widow,  or 
relative  are  entitled  to  let- 
ters of  administration,       .       6 

F 

FATHER  AND  MOTHER 

Of  Bastardsj 

Proceedings  against,  78  to  97 

FEES, 

Assistant  justices  fees,  .  54,  64 
Constables      and      marshals 

fees,         .  .  .         55,  64 

Jurors  fees,  .  .  .55 

Witnesses  fees,    .         .  .55 

Inspectors  of  beef  and  pork 

fees,  .  .  .  .359 
County  clerks  fees,  .  .103 
Collectors,  .  .  .119 

Clerk  of  oyer  and  terminer,  .  115 
Clerk  of  general  sessions,  .  115 
Clerk  of  police,    .  .  .115 

Clerk  of  the  supreme  court,  .  116 
Constables  and  marshals,  63,132 
Coroner,      .  .  .  .140 

Clerk  of  the  superior  court,  .  162 
Inspector  of  distilled  spirits,  .  390 
Inspector  of  fish,  .         .  370 

Inspector  of  fish  and  liver  oil,  372 
Inspector  of  fldx  seed,  .  3h3 

Inspector  of  flour  and  meal,  .  353 
Measurer  of  grain,  .  .  295 
Measurer  general,         .         .  296 


Harbour  master,  .         .  300 

Inspector  of  hops,         .  .  388 

Inspector  of  hides  and  skins,  308 
Inspector  general,  .  .  392 

Inspector  of    pot   and   pearl 

ashes,  ....  366 
Inspector  of  sole  leather,  .  385 
Inspector  of  staves  and  head^ 

ing,  .         .         .         .379 

Inspector  of  tobacco,  .  393 

Jailor,  .  .  .    495,  399 

Inspector  of  lumber,  .  374,376 
Justices    of  the   marine 

court,  .  .  .  493, 494 
Jurors,  ....  495 
Witnesses,  .         ,         .  495 

Justices  of  police  office,  .  597 
Clerk,  .         .         .         .597 

Pilots  fees  by  way  of  Sandy 

Hook,  .  .  .  .586 
Pilots   fees  by  way  of  Hell 

Gate,  .  .  .  .  688 
Fees  of  pound  master,  .  652 

FENCES, 

Common  Council  to  regulate,      238 

FENCING   OF    LOTS. 

vide  >'  Streets," 

FERRIAGE,     .         .         .         .240 

Disputes  about,  how  settled,  .  245 
Rates  to  be  put  up,  .  .  24J5 
Penalty  for  taking  more  than 

lawful  ferriage,  .  .   245 

Rates  of  ferriage,  240  to  243 

Larger  quantities  in  the  same 

proportion,         .  .  .  244 

Ferriage  for  articles  not  spe- 
cified,      .         .         .         .241 
Persons  refusing  to  pay,         .   245 
Corporation  of  New  York  en- 
titled to  the  ferriage,  .  245 
ing  more  than  lawful,          .   245 
Penalty  for  taking  or  demand- 
Ferry  masters  duties,    .         .   245 

FERRY  BOATS 

How  to  be  employed,        .         .  246 
To  be  lettered  with  the  own- 
ers name,         .  .         ,  216 
Hours  of,    .          .         .         .  246 


20 


INDEX. 


How  to  be  kept,  .         .   267,  268 
Passengers  not  to  be  delayed 

more  than  five  minutes,      .  246 
lohnbitants  of  Brooklyn  may 
transport    their    goods    in 
their  own  boats,         .         .  246 

FERRY  HOUSES, 

Wooden     buildings     for    ferry 

houses  may  be  constructed,  249 

ERRY  MASTER 

Duties  of,        .         .         .         .245 


Penalties  relative  to  ferries, 
how  ^recovered,  .         .  248 

FIXANCES 


Of  the  city, 


249 


JNew  York  recital  respecting 
its  finances  and  application,  249 

Bonds  given  by  the  corpora- 
lion,         .... 

Certificates  to  be  given, 

Comptroller's  duty, 

Stock  10  be  created, 


250 
251 

281 
253 


FERRIES 

Penalty  for   detaining  passen 
gers. 
Boats  not  to  be  employed  in 

other  business, 

Ptatea    of    ferriage    between 

JSew     York    and    JNassau 

Island,      .... 

persons  refusing  to   pay    to 

forfeit  triple,     . 
Disputes  concerning  ferriage, 

how  settled, 
Corporation  of  New  York  en- 
titled to  the  ferriage, 
Penalty  for  taking  more  than 
lawful,      .... 
To  post  up  the  rates  of  fer- 
riage,      .... 
Ferry    boats   to   be    lettered 

with  the  owners  name. 
Ferry  boats   to  be  employed 

only  on  the  ferry. 
Hours  of,     . 

Pa  sage    not   to   be   delayed 

more  than  five  minutes,     . 

Inhabitants  of  Brooklyn  may 

transport    their    goods    in 

their  own  boats,         .  .  246 

!No  person  but  corporation  of 

INew  Yoik  to  keep  ferry,   .  247 
Number  of  men  to  manage  a 

ferry  boat,         .  .         .  347 

Barges  for  passengers,  .  247 

Size  of  barges,     .  .  .  247 

Number  ot  passengers  to  be 

admitted,  .         .         .  247 

Harbor  master  to  inspect  the 
boats,      ....  248 


439 


.  239 


240 

245 

245 

245 

245 

245 

246 

246 
246 

246 


FINES 

Provisions  concerning  collecting 

fines,        .         .         .         •  254 
Duties  of  clerks  of  the  courts 

of  record,         .         .         •  254 
Duties  of  the  clerks  of  courts 
of  mon  pleas,   .         .         .254 


ho 


w  re- 


FIRES 

Prevtniion  of 

Buildings   to   be  of  hrick   and 

stone,       .  .  .    264,276 

Outside  and  party  walls,  264,  275 
Roof,  .         . 

Timbers, 
C'himnies,    . 
Front  and  rear  walls, 
Gutters,       .    ,     . 
Scuttles, 
Plate  pieces. 
Anchors, 

Buildings  subject  to  the  pro- 
visions of  this  act. 
Buildmgs  damaged. 

paired,  . 
Damages,  . 
Roofs   of  steeples, 

&c. 
Public  buildmgs. 
Privies, 
Penally, 
Certain      buildings 

from. 
Provision  of  act. 
Ash  holes,  . 
\\  ooden  sheds,     . 
Wooden  buildings. 
Penalty, 

When  comrmon 

sance. 
Gunpowder,    . 


204 
264 
264 
264 
264 
265 
265 
265 

265 

.   265 

.  266 

polas, 

266,  275 

.  266 

.  266 

.  266 

exempt 

.  266 

.  266 

.   267 

-    .  267 

.  267 

273,  274 

nui- 

274,  267,  :272 

.  267 


cu 


INDEX, 


21 


Penalty,       .         .         .         .268 

Powder  to  be  landed  from 
vessels,    .         •.  .  .   268 

Transshipment  of  powder,     .   268 

How  to  be  carried  through 
the  strt-ets,        .  .         .  269 

Where  to  be  stowed  when  for- 
feited,      ....   269 

Notice  to  be  given  of  seizure,  269 

iSearch  warrant  may  be  issued 
in  certain  cases  and  seizure 
made,      ....  269 

Actions  to  recover  powder, 
how  and  when  brought,      .  270 

This  act  not  to  apply  to  ships 
of  war,     ....   270 

Seizure  of  powder  during  any 
fire,      .    .  .  .  .271 

Sulphur,  and  in  what  quanti- 
ties to  be  kept,  .         .   271 

Penalty,       .  .  .  .271 

Pitch,  tar,  &c.      .  .  .  272 

Suits  to  recover  penalties,     .  272 

Parts  of  a  former  law  repeal- 
ed  275 

Buildings  fronting  Harman- 
street,       ....  276 

Said  provisions  not  to  apply 
in  cases  of  leasehold  es- 
tates,      ....  276 

Buildings  erected  contrary  to 
this  act,  to  be  deemed  com- 
mon nuisances,  .         .  277 

As  to  buildings  already  erect- 
ed, ....   277 

Public  buildings,  and  may  be 
covered  with  boards  or 
shingles,  .  .  .  277 

Penalty  for  firing  guns,  and  in 

parts  of  the  city,         .  .  278 

How  recovered  and  applied,  .  278 

JVl aster  answerable  for  offen- 
ces of  his  slave,  .  .  278 

Duly  of  the  sheriff',  deputy  she- 
riff, constables,  &c.  in  case 
of  fire,     .  .         .         .279 

Common  Council  to  order  in- 
habitants   to    provide    fire 
buckets,  ....  279 
And  to  impose  penalties  for 
neglect,   ....  280 


Loss  of  fire  buckets,  when 
and  how  borne  by  the  cor- 
poration, .  .         .  280 

Lost  buckets,  to  whom  to  be- 
limg  when  found,       .  .  280 

In  case  of  fire  the  mayor  may 
order  buildings  to  be  pulled 
down,       .         .         .         .  280 

Damages  sustained  thereby, 
how  ascertained,        .         .  281 

And  to  be  paid  by  corporation    ^ 
to  persons  sustaining  loss,    281 

Idle  and  suspicious  persons 
may  be  removed  from  fires,  281 

Damages  for  pulling  down 
buildino-s  in  time  of  fire,  to 
be  borne  by  the  common 
council,    .  .  .  .  281 

Common  Council  to  pass  or- 
diiiiinces  respecting  fires,  .  281 

Certain  buildings  required  to 
be  fire  proof,     .  .  .  282 

Proviso,       ....  283 

A  certain  section  repealed,    .  283 

Materials  for  building  in  cer- 
tain districts  prescribed,     .  284 

Proviso,       ....  284 

Certain  penalties,  .         .  204 

FIRE  AKMS    ....  186 

Discharging  of  on  certain  days 

prohibited,        .         .         .   186 

FIRE  BUCKETS, 

Common  Council  to  order  in- 
habitants to  procure,  .  279 

Loss  of,  when  and  how  borne 
by  the  corporation,    .         .  280 

Lost  buckets,  to  whom  to  be- 


long: when  found. 


280 


FIRE  DEPARTMENT, 

Members  of  fire  department,  255 
Firemen  maimed  on  duty  how 

provided  for,     .  .  ,   255 

Chief    engineer     to     decide 

claims,  ....  256 
Fines,  how  recovered,  .  256 

<'  recoverable  with  costs,  256 
Competency  of  witnesses  in 

certain  cases,  .         .         ,  257 


22 


INDEX. 


Fire  department  continued  as 
a  body  corporate,      .         .261 

FIRE  LIMITS  EXTENDED 

Buildings  vvitiiin  certain  limits 
to  be  of  stone  or  brick,       .  258 

Act  passed  April  15th,  1815, 
extended,  .  .  .  2i:S 

Fire  limits  defined,       .         .  259 

FfREMEN, 

Privileges  of. 

Certificates  to  be  signed  by  clerk 

of  common  council,  .  .   261 

Fire  department  continued  as 
a  body  corporate,       .  .261 

What  term  of  service,  except 
in  certain  cases,        .  .261 

To  be  appointed  by  common     . 
council,   ....   278 

Exemptedfrom  certain  duties,  278 

Their  names  to  be  registered,  279 

Common  Council  may  re- 
move them,       .         .         .  279 

Common  Council  to  make 
rules  for  their  regulation,  .  279 


FIRST  JUDGE 

May  hold  the  court  of  general 
/     sessions,  .  .  .   154 

May  hold  the  court  of  special 

sessions,  .  .  .   166 

May  hold  the  court  of  oyer 

and  terminer,    .  .  .   556 

May  hold  the  court  of  com- 
mon pleas,  •  .  .    122 

FISHERIES, 

Use  of  coculus  indicus  prohibit- 
ed, ....  286 

Penalty,        .  .  .  .286 

Penalty  for  taking  salmon  at 
certam  times,  .  .  .  286 

When  fish  not  to  be  taken  on 
Sunday,  .  .         .  .287 

Fishing  with  seines,   &c.  on 
Sunday,  .         .  .  .287 

Penalty  tor  violating  two  last 
sections,  .  .         .  287 

Drift  nets  in  certain  waters,      .  287 


Fishing   at  Saratoga   or  fort 

Millel^s  falls,     .         .         .287 
Penalty  for  violating  two  last 

sectums,  .         .  .  288 

Spearing  pike  in  certain  pla- 
ces,   ....         288 
Certain  nets  may  be  used  in 

Hudson  river,  .  .  288 

Poles,   &c.  connected  there- 
with may  be  set,  kc.         .  288 
Suits*  or  penalties,         .  .  2Sq 

Powers  of  common  pleas  to  re- 
gulate fisheries,  .  .  288 
To  [)rescribe  penalties,  .  2s9 
Duration  of  orders,  &c..  .  289 
Pre-requisite  to  any  order,  .  289 
JSotice  of  application  for  or- 
der, .  .  .  .  289 
When  orders  to  take  efliect,  .  290 
Expences,  by  whom  paid,      .  2^0 

FISH, 

Inspection  ojy 

Fish,  when  to  be  inspected,       .  367 
.     Store  and  yard,     .         .         .  367 
Barrels,  how  made,       ,  .   363 

Fish  to  be  salted  and  brand- 
ed, ....  368 
Proceedings  of  inspector,  .  368 
Weight  of  salmon,  .  .  369 
Shad,  .  .  .  .369 
Fish  in  Suff\>lk  County,  .  369 
Penalty,  ,  .  \  .  370 
Fees,  .  .  .  370,  371 
Extra  compensation,  .  .  371 
Limitation,           .         .         .371 

FISH  OIL, 

Jnspeclion  of, 

Liver  oilio  be  inspected,  .  371 

Duty  of  inspector,  .  .  371 

Duty  of  person  offering  oil,  .  372 
Penalty      for     counterfeiting 

brands,     ....  372 

Powers  of  inspector,     *         .  372 

Fees  of  inspector,         .         .  373 

Certain  oils  exempt,     .         .  372 

FISHING, 

Penalty  for  fixing  nets,  &c.  in 

certain  places,  .         .  290 

Free  hauling  places,     .         .  29 


INDEX. 


23 


Hedges,  &c.  may  be  remov- 
ed, ....  291 
Persons  prohibited  from  fishr 

ing  on  Sunday,  .  .   292 

Casks,  how  marked,      .  .  382 

Duly  of  inspector,         .         .  382 
Penalty,       .  .  .  .383 

Deputies,     ....   383 
Prohibition,  .         .  .303 

Fees  of  inspector,         .         .  383 

FLOUR  AND  MEAL, 

Inspector  of, 

Flour  and  meal,  when  to  be  in- 
spected, .  .  .  347 
How  packed,  .  .  .  347 
Size  of  casks,  .  .  .  347 
How  marked  and  branded,  .  347 
Inspector  to  inspect,  .  .  347 
His  duty,  ....  348 
Indian  meal,  .  .  .  349 
Flour   or  meal    taken    from 

casks  in  inspecting,  .         .  349 
Flour   sold    in    New    York, 
when  to  be  inspected,         .  349 
Penalties  for  shipping  flour  and 

meal  not  inspected,  .         .  349 
Power  and  duties  of  inspec- 
tor, .  .  •  349, 352 
Penalty  for  selling  when  tare 

is  undermarked,  .  .  350 
For  undermarking  tare,  &c.  350 
For  exporting  light  casks,  .  350 
For   neglect  to  have  flour  or 

meal  inspected,  .  .  350 
For  counterfeiting  marks,  .  351 
For  selling  minced  flour,  .  351 
For  transporting  indian  meal 

on  deck,  .         .         .   351 

Inspector  not  to  deal  in  flour 

or  meal,  .         .         .  .  351 

Inspector  to  give  certificate,  351 
Certificate,  how  endorsed,  .  352 
Assistants,  .         .         .  352 

Fees,  ....  353 

Repeal,        .         .         .         .   353 

FOREIGN  CONSULS    . 

To  be  noticed  by  public  admi- 
nistrator previous  to  the 
takifig  out  letters  of  ad- 
ministration of  the  effects 
of  foreigners,  .         .       9 


FLAX  SEED, 

Inspection  of, 

Flax  seed  to  be  inspected, 
How  put  up, 

FORFEITURES. 

vide  title.  '*  Penalties," 


382 
382 


230,  573 


G 


GAME, 

Killing    of   heath-hens,   quails, 

partridges  and  wood-cock, 

at  certain  times, 
Penalty,       .... 
Evidence  of  having  incurred 

penalty, 
Kilhng  musk-rats   prohibited 

at  certain  times. 
Suits  for  penalties,  &c. 

GAMING  HOUSES, 

Common  Council  to  suppress, 


GAMING  TABLES, 

At  parade,   elections, 
hibited. 
To  be  destroyed. 


&c. 


pro- 


292 
292 

293 

293 
293 


143 


186 

187 


GENERAL  and  Special  election,  197 

GENERAL  PROVISIONS, 

Inspection, 

Articles  not  claimed,         .         .  395 
To  be  sold  at  auction,  .  395 

Account  of  sale  to   be  ren- 
dered,     ....  395 
Inspector  to  report,       ,  .  396 

Report  to  be  accompanied  by 

oath,        ....  396 
Aflidavit  required,  .  .   396 

Penalty  for  neglect,       .  .  396 

Penalty   for   delaying  to   in- 
spect,      .         .  .  .397 
Punishment  for  fraud,  .  397 
Opposing    inspector,    misde- 
meanor,           .         .         .  397 
Counterfeiting  brands,            .  397 
Penalties  how  sued  for,         .  397 
Inspectors  to  report  to  Legis- 
lature,     ....  398 
Penalty  for  neglect,      .         .  398 
'inspector,"  term  of,  defined,  388 


24 


INDEX. 


GENERAL  SESSIONS, 

Power  of,  in  relation  to  appren- 
tices,        .         .         .36,  37 
Further  powers,  .         .  617 

vide  tiile^  <'  Sessions  General  and 
Special," 

GRAIN, 

Measuring  of,         ,         .         .294 
Measurer  general  and  measur- 
ers,          ....  294 
To  keep  an  office,         .         .  294 
To  decide  in  case  of  dispute,  294 
His  pay,      .          .         .     ,    .  295 
Restriction,           .         .         .  295 
Measuring  how  regulated,  295 
Suspension,           .          .          .  295 
Annual  report  of  measurers,  296 
Pay  for  services  and  expenses,  296 
Additional  measurer,              .  296 
When  act  to  take  effect,  297 

GRANTS, 

Of  Land  under  icaler, 
TVhen  and  to  whom  made,  297 

Notice  by  applicant,  and  how,  298 

GRAND  JURT, 

Lists  of  grand  jurors,  .  .  .412 
Who  to  be  placed  on  lists,  .413 
Who  to  be  omitted,       .  .  413 

Contents  of  lists,  .         .  413 

Duty  of  county  clerk,  .  413 

Increasing  number  of  jurors  in 

New- York,  .  .  .414 
Duty  of  supervisors,  .  414 

Time,  ike,  of  drawing  grand 

jurors,  ....  414 
Mode  of  drawing,  .  .415 
How  summoned  and  returned,  415 
Fines  for  not  attending,  .415 
Discharging  them,  .  .415 
Returning  ballot  to  box,  .  415 
Destroying  it,  .  .  .415 
Same  person  drawn   on  both 

juries,  ....  416 
Adding  names  to  box  by  county 

judge,  .  .  .  .  416 
How  and  when  to  be  deposited 

and  drawn,        .         .  .416 

Drawing  and  summoning,  417 
Supplying  deficiency  in  j  ur ors,  4 1 7 


Precept  for  grand  jury  at  ses- 
sions .abolished,         ,         .  417 
Number  of  jurors  :  foreman,  417 
Challenges  to  jurors,        .  .  418 

No  others  to  be  allowed,  .  418 
Foreman  to  administer  oaths,  418 
Clerk  of  grand  jury,     .  .418 

Disclosures  by  grand  jurors,  4 18 
District    attorney    attending 

grand  jury,        .         .         .419 
Deliberations  to  be  private,      419 
W^hen  new  jury  may  be  order- 
ed, ....  419 

GROUNDS, 

Corporation  to  pass  laws  for  the 
filling  up  and  regulating 
grounds,  yards  and  cellars,  141 

GUN  POWDER, 

How  to  be  kept,  .  .  267,  268 
Penalty  for  keeping,  &c.  267,  268 
Powder   to   be    landed   from 

vessels,  .         .         ,  268 

Transshipment  of  powder,  268 
How   to  be  carried   through 

the  streets,       .    •     .         .  269 
Where  to  be  stored  when  for- 
feited,     ....  269 
Notice  to  be  given  of  seizure,  269 
Search  warrant  may  be  issued 

in  certain  cases  tor,  .  269 

And  seizure  made,  .  .  209 
Actions   to    recover  powder 

how  and  when  brought,         270 
This  act  not  to  apply  to  ships 

of  war,  .         .         .  270 

Seizure  of  powder  during  any 

fire,  .         .         .         .270 

GUNS, 

Prohibited  from  the  discharging 

of,  on  certain  days,  .   186 


GUTTERS, 

Of  Houses, 
Provision  concerning, 

H 


.  265 


HACKNEY  COACHES, 

Owners,  &c.  to  be  licensed,        298 


INDEX. 


25 


Part  of  a  section  repealed,       298 
Common  Council  to  regulate,  143 

HARBOUR  MASTERS, 

Two  harbuor  masters  to  be  ap- 
pointed, .         .  .   299 
Their  duty,           .          .         .299 
To  r'gulate  and  station  ves- 
sels,        .          .         .         .300 
Their  fees,            .         .  .300 
Fees  when  to  be  paid,  .  301 
Harbour    master  to   enforce 
the  laws  relative  to  clean- 
ingdocks,         .         •         .   301 
Powers  defined,             .  .  302 
To  inspect  ferry  boats,          .  24S 

HARBOURING  SERVANTS, 

Penalty  for,  .         .  .33 

HAWKERS  AND  PEDLARS, 

To  obtain  license,  .  .   303 

How  a[)plied  for,  .  .   30;^ 

Duties  to  be  paid,  .  .   303 

License  how  and  when  to  be 

granted,  .  .  .   304 

Penalty  for    pedling  without 

license,  .  .         .   304 

Penalty  for  refusing  to  pro- 
duce license,  .  .  304 
Proceeding  thereon,  .  .  304 
Costs,  ....  aob 
Limitation  of  suit:^,  .  .  305 
Pleadmg  and  evidence,  .  305 
Common  Council  to  regulate^  606 

HEALTH,  BOARD  OF, 

Duties,         .  103,  104,  656,  084 

Officers  of,  ...   654 

Powers  of,  ...  679 

Place  of  quarantine  of  vesels 

and  persons,  .   664  to  667 

Duties   of   pilots   in   relation 

to,    .  .  .  .   667,  668 

Regulations   concerning    the 

treatment  of  vessels,  668  to  692 

HEALTH  COMMISSIONERS, 

Duties  of,  103,  101,  656,  754 

Who  appointed  health  com- 
missioners,      .         .         .551 


HEALTH  OFFICER, 

Duty  of  in  certain  cases,     655,  665 
Number  of,  in  the  city  of  New 


Yoik, 


530 


HEATH  HENS, 

Killino;  of    heath-hens,    quails, 
partridges  and  wood-cocks  at 

certain  times  prohibited,  292 
Penalty,  ....  292 
Evidence  of  having  incurred 

penalty,  .  .         .  293 

Killing  musk-rats   prohibited 

at  certain  times,         .         .  293 

HEMP, 

In  what  quantities  to  be  kept,       271 
Penalty,       .         .         .         .271 

HIDES  AND  SKINS, 

Jnspeclion  oj, 

Inspector  to  be  a  leather-manu- 

fucturer,  .         .         .   307 

To  lake  an  oath,  .  .   307 

To  execute  a  bond,       .  .307 

When  and  how  to  inspect,         307 
Stamps,       ....   307 

Deputy,  ....  308 

His  fees,      .  .  .  ,308 

Notice 308 

Labels,        .  .  .  .308 

Inspector  to  report,       .         .  308 
Regulations  as  to  butchers  in 
New- York,       .  .  .309 

HOPS, 

Inspection  of^ 


Hops  to  be  inspected, 

.  386 

Provision  as  to  xllbany. 

386 

Hops  lo  be  put  in  bags. 

386 

Bags  to  be  marked. 

.  3S6 

Duty  of  inspector. 

.  387 

Fees  of  inspector, 

,  388 

HORSE  RACING, 

Prohibited,       .         .          . 

.     25 

Bettins  on. 

.     26 

HUDSON  RIVER, 

Prohibition  against  obstructions 

in  the  channel  of,      .         .  309 
Obstructions   at    and    below 


26 


INDEX. 


New-York,       .         .         .310 

Penalty  for  violation  of,         .310 

Last  section  qualified,  .  310 

Further  provisions  againf^t  the 

ohstruction  of  the  channel 

of  the  Hudson  River,         .  310 


IMPRTSOXMENT  FOR  DEBT, 

Ahtili-hment  of,        .  .  .  312 

When  lh»^  pirty  is  in  prison,     318 
Warrant,  in  what  case  to  issue,  321 
vide  *'  Debt"  abolishing  of,  &c. 

INDENTURES    OF    APPREN- 
TICESHIP, 

Certain  indentures  where  to  be 

deposited,  .  .  .29 
"  to  be  acknowledged,  30 
"         how  assigned,  .     30 

Indentures  when  invalid,  .     34 

INDIAN  CHILDREN, 

How  to  be  bound  out  as  appred- 

tices,  and  by  whom,  .     28 

INFANTRY 

Of  the   City  and   County  of  JYew- 
York, 

To  parade  three  times  a  year,  327 
Officer's  meetings,  .  .  327 
Certain  sections  of  preceding 

title  to  apply  to  iNew-York,  327 
Certificate,  .  .  .327 

Removal  of  persons  holding 

certificate,         .  .  .  227 

Notices  and  how  served,  328 

Brigade  court  martial,      .  .  328 

"Vacancv,  .  .  .  328 

Duty  of  commandant  of  bri- 
gade, .  .  .  328 
When  court  to  assemble,  329 
Marshal,  his  duty,  .  .  329 
Summons,  subpoena,  &c.  329 
Persons  not  appearing,  .  S29 
Default  when  opened,  •  329 
Approval  of  sentence,  .  3?0 
Appeal,  ....  330 
Penalty  for  absence,  .  .  330 
Fines  to  be  reported,             .  330 

List     of    persons    fined     and 
Duty  of  jailor,     .         .         .  331 


Warrant,               .         .  .  SZO 

Return  of  warrant,       .  .331 

New  warrant,       .         .  .331 

Duty  and  fees  of  officers,  331 

Pre&ident  of  court  martial  to 

account,            .          .  .331 

Monies  how  applied,     .  .   332 

INFANTRY  AND  ARTILLERY, 
Weapons,        ....   333 
Exemption  from  execution,  .   3  i3 
Officers,  when  exempt,  .  333 

Non-commissiondd      officers 

and  privates,  when  exempt,  333 
Reduction  in  taxes,      .  .   333 

Exemption  from  juries,  .  333 

Regiments,    how    often  to    be 

ordered  out,     .  .  .  334 

Officers  to  be  exercised,        .  334 
Military  stores,    .         .  .   334 

Inspection  to  review,    .         .  334 
Light  artillery  to  be  ordered 

out,  .         .         .         .335 

Officers,  how  warned,  .         .  335 
Yerbal    orders,     when    suffi- 
cient,      ....  335 
Return  of  delinquents,  .  335 

Return  of  inspection,    .  .  335 

Forms  of  returns,         .         .   335 
Alterations  therein,        .  .  336 

Brigade  court  martial,       .         .  336 
power  thereof,     .  .  .   336 

Former  article  of  this  title  ex- 
tended, .  .  .  336 
Penalties  and  fines,  .  .  336 
Fines  how  collected,  .  .  337 
How  applied,  .  .  .  338 
Compensation  of  members,  .  338 
Costs  ol  prosecution,  .  .  338 
Last  section  qualified,  .  338 
Commandants  to  account  for 

monies,  ....  338 
Those  monies,  how  applied,  339 
Privileges  and  exemptions,       339 

INHABITANTS  OF  NEW  YORK, 

To  register  their  names  and  pla- 
ces of  abode  in  time  of  pes- 


tilence, 


.  103 


INNS  AND  TAVERNS, 

Rtgulaiions  of, 

Recognizance  from  tavern  keep- 
ers, how  taken,  .  340 


k 


Common  Council  to  prose- 
cute for  breaches  thereof, 

And  to  make  ordinances  re- 
tmg  to,     . 

Commissioners  for  collecting 
excise,  &c.  in  New  Yoik, 
Selling      without     license     de- 
clared a  misdemeanor,  341, 

Price  of  license, 

License  required  for -selling 
above  five  gallons,     . 

Duration  of, 

Compensation  of  aldermen 
attending  the  issuing  of  li- 
cences,   . 

Oood  character  and  citizen- 
ship required,    . 

License  money  to  be  applied 
for  support  of  poor,  . 
'  Duty  of  tavern  keepers. 

Licences,  when  suppressed, 

Jurors,  witnesses,  &c. 

Penalties,  how  recoverable,  . 

Section  2d,  Act  of  Aprd  lOih, 
1824,  amended, 

Duty  of  aldermen  and  assist- 
ant, .         .         ,         . 

Penalty  for  selling  without  li- 
cense,     .... 

INSPECTOR  GENERAL, 

Duties  of,         .         .         .  391. 


I  N  DE  X. 

^7 

INSPECTORS   OF  ELECTIONS, 

340 

Board  of^ 

Common  Council  to  appoint, 

235 

340 

Board  to  be  formed, 

.   204 

Chairman, 

.  204 

341 

Oaths, 

.  204 

Clerks, 

.   204 

,  345 

Poll  opened, 

.  205 

342 

Adjournment, 

.  205 

342 

INSPECTOR  OF  FISH, 

342 

Proceedings  of  inspector, 

.  368 

Fees  of  inspector, 

.  370 

Extra  compensation,     . 

.  371 

342 

Limitation, 

.  371 

Number  of  in  the  city  of  New 

342 

York  and  Jefferson,  &c. 

.  630 

343 

INSPECTOR 

345 

Of  Fish  or  Liver  Oil, 

343 

Duty  of  inspector. 

.  371 

343 

Powers  of  inspector,     . 

.  372 

343 

Fees  of,       . 

.   372 

Number  of  in  the  city   and 

'  344 

county  of  New  York, 

.   530 

345  INSPECTOR  OF  FLAX  SEED, 

;  Duty  of  inspector,         .         .  362 

345  j  Deputies,     .         .         .         .383 

i  Prohibition,  .         .  .   383 

;  Fees  of  inspector,         .         ,  SyS 

391  Number  of  in  New  Yprk,     .  530 


INSPECTORS 

Of  Beef  and  Pork 

To  give  bond,  .         .         .  355 

Compensation  of  inspector,  .  359 
Prohibition,  .         .         .  359 


INSPECTOR 

Of  Dislilled  Spirits, 
Number  of,  in  New  York, 

Their  duty, 

Fees,  .... 

Penalty, 

Duty  of  inspector  general. 

Fees, 

Number   of,    in   the   city 
New  York, 


of 


S89 
390 
390 
391 
391 
392 

530 


INSPECTORS 

OJ  Flour  and  Meal, 

Flour  and  meal,  when  to  be 
inspected,  .         .         .   347 

How  packed,        .         .         .   347 

Size  of  ca-k,         .         .         .  347 

How  marked  and  branded,    .   347 

Inspector  to  inspect,     ,  .  348 

Indian  meal,    ....  349 

Flour  or  meal  taken  from  cask 
when  inspecting,        .         .  349 

Flour  sold  in  New  York,  when 
to  be  inspected,  .  .  S49 

Penalty  for  shipping  flour  and 
not  mspected,  .         .         .  349 

Power  and  duties  of  inspec- 
tor, .         .         .  346,  349 

Penalty  for  selling  when  tare 
is  undermarked,        .         .350 


«ft 


INDEX. 


For  undermarking  tare,  &c.  350 
For  exportinf;^  light  casks,  .  350 
For  neglect  to  have  flour  and 

n»eal  inspected,         .  .  350 

For  counterft  itini(  marks,  .  351 
For  selling  mixed  flour,  ,  351 
For  transporting  indian  meal 

on  deck, ....  351 
Inspector  not  to  deal  in  flour 

or  meal,  .         .  .         .351 

Inspector  to  ^ivo  certificate,  .  351 
Cerlificaie,  how  endorsed,  .  352 
Assistants,  .         .         .  352 

Power  of  inspector  in   New 

York,  ....  352 
Fees,  .  .  .  .352 

Repeal,  .  .  .  .352 
Number    of    inspectors    for 

New  York,       .         .         .629 

INSPECTOR 

Of  Hides  and  SkinSf 

How  appointed,  .  .  .  306 
To  be  a  leather  manufacturer,  307 


To  take  oath. 

.   307 

To  execute  a  bond. 

.   307 

When  to  inspect, 

.   307 

And  how,    . 

.   307 

Stamps, 

.  307 

Deputies,    . 

.  308 

His  fees, 

.   308 

Notice, 

.   308 

Labels, 

.   308 

Inspector  to  report, 

,  308 

Regulations  as  to  butcl 

lers  in 

New  York,. 

.  309 

INSPECTOR  OF  HOPS 

> 

Duty  of,          . 

.   387 

Penalty, 

.   387 

Fees  of  inspector, 

.   3SS 

Number   of,    in   the   ( 

Mty   of 

Ncw-York,       . 

.  530 

INSPECTOR  OF  LOTS, 

By  whom  appointed. 

.   142 

His  power  and  duty. 

.    142 

Number   of  in  the  city  and 
county  of  New  York,         .  529 

INSPECTOR 

Of   Pot  and  Pearl  .Rshes, 

Duly  of  inspector,  .  .  362 

Penalty  for  violation  of  duty,  363 
Powers  of  inspectors,     ,  .  364 

Penalty  on  inspector,    .  .  365 

"         for  misdating  invoi- 


ces, 

, 

.  365 

Assistants, 

, 

.  366 

Compensation,     ,    . 

, 

.  366 

Extra  allowances. 

. 

.  366 

INSPECTOR  OF  LUMBER 
For    inspecting    without  au- 
thority,   ....  374 


Fees  of  inspector, 


374 


Number   of,    in   the  city   of 
New  York,  '     .         .         .529 

INSPECTOR  of  Sole  Leather, 

Duty  of  inspector,  .         .  384 

Manner  of  inspection,  .  385 

Fees  for  inspecting,       .         .  385 
Prohibitions  in  certain  coun- 
ties, .         .         .        ■ .  385 
Number  for  the  city  of  New 
York,  Albany,  Troy,  Hud- 
son and  Schenectady,  529 

INSPECTOR  of  Staves  and  Heading, 
Duty  of  inspector  general,  378 

Duty  of  Cullers,  .         .  378 

Inspector's  fees,  .         .  379 

Culler'b  fees,        .         .         .   379 
Powers  and  duties  of  inspec- 
tor-general in  New-York,     380 
Further  duty,        .         .         .   381 
Number  of  in  the  city  of  New- 
York,       .         .         .         .529 

INSPECTOR  of  Tobacco, 

Inspector  to  appoint  deputies,       392 
Four  qualities  of  tobacco,  394 

Inspector's  fees,  .  .  393 

Penalties   on    inspector  and 

deputies,  .         .         .  394 

Number  of  in  the  city  &  coun- 
ty of  New-York,       .         .  530 

INTELLIGENCE  OFFICES, 
To  be  regulated,  and  by  whom,  399 


JAIL  of  the  City,       ...     21 
Who  to  be  confined  therein,  21 


INDEX. 


29 


Keeper  to  be  appointed,  and 

by  whom,  .         .  .21 

"     To  leceive  prisoners,  22 

"     To  eAhibit  lists,  &c.  184 

JAILS  and  Public  Prisons, 

Jajl  for  persons  confiiifd  on  civil 

process  nniy  be  erected,        400 
Other  buildings  may  be  built 

or  appropriated,  .    400,401 

Common  Council  may  assign,  150 


JAILOR,  in  New- York, 
Fees  of  in  certain  cases, 

JAIL  LIBERTIES, 


399 


401 


I 


JUGGLERS, 

Penalty  for  performing  puppet 
shows,  itc.  or  allowing 
them  to  be  performed,  402 

For   exhibiting   paintings 


animals,    &;c.     without   li- 
cense. 


402 


JURORS,  Rfiturn  and  Summoning  cf, 
Who  are  to  make  jury  lists,      .   403 
Who  to  be  selected  as  jurors,  403 
Property  qualifications  in  cer- 
tain counties,  .  .  404 
last   of  jurors   where  to    be 

filed,        .         .  .         .404 

Ballots  to  be  made  by  county 

clerk,  ....  405 
Term  of  service,  .         .  405 

New  lists  in  every  third  year,  405 
Proceedings  of  town  officers,  405 
Duty  of  county  clerk,  .  405 

Lists   from    wards   in   New- 

\ork,       .         .  .         .405 

Proceedings  to  obtain  them,     405 
Lists  in  oiher  cities,     .         .  406 
When  jurors  to  be  drawn,  .  406 

Notice  of  drawing,       .  .  406 

Duty  of   sheriff  and   county 

judge,  ....  406 
When  justices  to  be  notified 

of,  ...  .  407 
Who  to  be  present  at  drawing,  407 
Mode  of  drawing,  .  .  407 
Box  to  be  shaken,         .         .  407 


Number  of  slips  to  be  drawn,  407 
Each  name  drawn  to  be  en- 
tered,      ....  407 
Names  of  pers'ns  dead,  &c. 

to  be  destroyed,  .  .  407 

Other  names  to  be  drawn,         407 
Proceedings  to  be  continued,   407 
Minute  to  be  signed  and  filed,  408 
Certified  list  to   be  given  to 
sheriff,      .  .  .  .408 

Summoning       and       returning 

jurors,      <         .  .  .  408 

Copies  of  lists  to  applicants,  408 
Fines  on  jurors  for  default,  408 
Persons  who  are  to  be  dis- 
charged from  serving,  .  408 
Ballot  to  be  destroyed,  .  409 
Jurors  when  to  be  excused,  409 
Ballots  how  disposed  of,  .  410 
Certain  lists  to  be  delivered  to 

county  clerk  of  New- York,  410 
His  duty  thereon,  .  .410 
Drawing  from  second  box,  411 
When  old  ballots  to  be  de- 
stroyed, .  .  .411 
Circuit  judge  may  order  more 

jurors,      .          .          .          .   411 
Order  when  to  be  served,       .  411 
New  panels  in  New- York,        411 
Former  jurors  to  be  discharg- 
ed  412 

*'  To  be  selected  in  a  jus- 
tice's court. 


JUVENILE  DELINQUENTS, 

Preamble,  and  corporation  crea- 
ted, .  .  .  . 

Style  and  proviso. 

Concerns  to  be  conducted  by 
thirty  managers. 

First  managers. 

Elections, 

Power  and  duty  of  managers. 

Certain  clauses  to  apply  to 
this  act, 

By-laws,      ,  .  .  . 

Annual  reports  to  be  made. 

Public,  and  may  be  altered, 

Delinquents  to  be  received 
from  any  county  in  the 
State,       .... 


59 


420 
420 

421 
421 
421 
421 

422 
422 
423 
423 


423 


30 


INDEX. 


Health  commissioner  to  ac- 
count, ....  423 
Transportation  of  delinquents,  424 
Appropriation  of  $8000  an- 
nually, ....  425 
License  for  theatres,  .  .  426 
Amount  to    be   paid   for  the 

same,.      ....  426 
Account  to  be  rendered,  426 

Allowance  lor  collecting  mo- 
nies,        ....  426 
Annual  payment  to  treasurer 

of  the  S(»riety.  .         .  427 

Repealing  clause,  .  .  426 

2000  dollars  payable  annually,  427 

H 

KILLING  GAME, 

Heath-hens,  partridges,  wood- 
cocks, mush-rats  and  quails 
at  certain  times   prohibit- 


In  Wa|labout  bay,         .  432,  433 

LANDS  unclaimed. 

Corporation  to  take  possession 

of  land  sold  for  taxes,       .  434 
To  pay  over  to  owner  the  pro- 
cet^ds,  deducting  for  taxes 


and  improvement. 


435 


LAND  under  water. 

Letters  patent   to   be  issued  to 

the  corporation,         .  .  435 

Tompkins  declared  the  exte- 
rior street  on  the  East  Riv- 
er, ...  435,  436 
Permanent     exterior     street 
along  the  East  Kiver,  436 


ed, 


292, 293 


KNOKCERS, 

Penalty  for  injuring,  .  .  428 

How  recovered,  .         '.  428 


LAMPS,  &c. 

Preservation  oj^ 

Penally  for    injuring   lamps, 

windows,  knockers,    &c.     428 
How  recovered,  .  .  426 

On  refusal  of  payment,  offen- 
der to  be  committed  to 
bridewell,  .  .  .  429 

Master  liable  for  servant,  429 

Offenders   whose   names   are 
unknown  to  be  delivered  to 
sheriff  and  to  give  informa- 
tion of  offences,  .         .  429 
These  proceedings  no  bar  to 

suit  for  damages,       .  .  430 

"Who  to  be  deemed  guilty,         430 
Informers  not  liable  for  penal- 
ties,*       .         .         .         .430 

LANDS  in  the  city  of  New- York, 
Jurisdiction  ofy 
In  the  city  of  New-York,  431 


LANDS  under  water. 
Grants  oj, 

When  and  to  whom. 
Certain  waters, 
Notice  by  applicant, 


437 
437 
437 
43S 


LEASES  in  New-York,  .  438 

Duration  of  certain  agreements 

in  New- York,  .         .  438 


LEGISLATIVE  OFFICERS, 

Senators,  and  terms  of  office, 
How  chosen, 
Qualificati(jn  of. 
Ineligible  to  certain  offices, 
U.  t5.  officers, 
further  ineligibility  to  office. 
President  pro  tern  of  the  sen- 
ate how  to  be  chosen, 
"When  act  as  governor, 

LETTERS  of  Administration, 
Granting  of  may  be  contested. 
When  executor,  widow  or  re- 
latives entitled  to  letters. 
Effects  of  such  letters, 
Leiti  rs  when  to  be  granted  to 

public  administrator. 
Notice      of      administration 
when  to  be  given, 


534 
534 
534 
534 
534 
535 

535 
535 


LICENSES, 

Penalty  for  selling 
liquors  without. 


spirituous 

.  341,344 


INDEX. 


31 


LIQUORS,  Spirituous, 

Penalty  for  selling  without  li- 
cense,        .         .  341,  345 
Further  provision,           342  to  344 

LOAN  OFFICERS, 

Powers   of    Mayor,   Aldermen, 

&c.  in  New- York,  .  .  438 
Mortgages  may  be  assigned,  439 
Officers  to  account,      .         .  439 

LOTTERIES, 

Licenses  by  whom  to  be  granted,  440 
"     To  be  recorded,  .  440 

Contents  and  etfect,      .  ,  440 

Licenses  t6  certain   persons 

without  bond,  .  .  .  400 
Certain  sums  to  be  paid  by  all 

other  venders,  .         .  441 

And  bonds  to  be  executed  by 

them,  ....  441 
PenHJty  and  conditions,  .  442 
Bonds  where  filed,  .  .   442 

Fees  for  license,  .  .  442 

Prosecution  of  bonds,  .  442 

Payment  over  of  recoveries,    442 
Application  of  monies  receiv- 
ed in  New-York,        .         .  442 
**         '*  in  other  cities,  443 

Hudson,  Troy,  and  Lansing- 
burgh,      ....  443 
Licenses  when  forfeited,  &c.  443 
Certain  lottery  tickets  may  be 

divided  into  .shares,  .  443 

Liv^t  thereof  to   be  made  and 

filtd 444 

Penalty  for  sellinnr,   &c.   any 

other  shares  of  tickets,  444 

Evidence  in  prosecution  under 

this  article,       .         .  .  444 

Forgery  of  lottery  tickets,         444 
Grand   juries   to   be  charged 
respecting  this  article,  445 

LOTS, 

Common  Council  to  pass  laws 

for  the  filling  up  of  lots,     .   141 

LUMBER,  Inspection  of, 

Timber,   plank,   &c.  to  b©  in- 
spected, .         .         .  373 
How  measured,   .  .  373 


How  marked,       .         .         .  373 
Mahogany  or  square  timber,     374 
Penalty     for    shipping  unin- 
spected lumber,         •         .  374 
Cypress  shm^les,     .         .         .  374 
For    inspecting    without  au- 
thority,    ....  374 
Prohibition,  .  .  .  374 

Fees  of  inspector,  .  ,  374 
Shingles  sold  in  this  state,  .  375 
Bundles  to  be  branded,  .  375 

Duty  of  owners  of  shingles,  .  376 
How  to  be  packed,  .  .  376 
Penalty,  .  .  .  .376 
Fees,  .         .         .         .376 

LUNATICS, 

Safe  keeping  of 

Lunatics  having  property  to  be 
confined,  &c.  by  their  com- 
mittees,  ....  445 

Not  having  property,  to  be 
confined  by  certain  rela- 
tives,       ....  446 

Duty,  how  enforced,     .  .  446 

]iUnatics,  how  secured,  .  447 

Duty  of  overseers,         .         .  447 

How  and  when  lunatics  may 
confined  in  jails,        .  .  447 

In  what  manner,  and  for  what 
time  to  be  confined,      .         447 

Powers  of  two  justices  in  se- 
curing lunatics,  .         .  447 

Lunatics  may  be  sent  to  New 
York  Asylum,  .         .         .  447 

Expense  thereof,  and  lu- 
natics support,  .  .  447 

Penally  for  confining  lunatics,  448 

Powers  of  chancery  not  to  be 
aflTected,  ....  448 

Committees  of  a  lunatic,  how 
to  confine  him,  &c.  .  448 

Powersof  couniy  superintend- 
ants,         .         .         .         .  448 

M 

MAP  OR  PLAN  OF 

New  York,  .         455,  456,  457 

Stuyvesant  street  declared  a  pub- 
lic street,  .         .         .  458 


32 


INDEX. 


Certain  rights  of  the  mayor 

and  commonalty  saved,  .  458 
Parade,  ....  459 
Fifih  avenue  extended,  .  459 

Rights  ofihe  owners  of  lots,     459 
Assessment,         .         .         .  460 
Land,   called  children  of  ne- 
cessity, abandoned,  .         .  460 
Certain  alterations  made  in  the 

map,  .         .         .         461 

Privileges  of  certain  owners,     46 1 
Width  of  certain  avenues  re- 
duced,     ....  462 
Union  Place  reduced,  .  463 

Broad-way  not  to  be  continu- 
ed beyond  Tenth-street,     .  463 
Block  or  plot  of  ground  ex- 
tended,    ....  464 
Market  place,  alterations,      .  464 
Provisions  in  relation  to  own- 
ers of  blocks  and  plots,      .  464 
Damages,  how  estimated  and 

assessed,  .  .  .  465 

Union  Place  altered  and  en- 
larged,    ....  466 
Termination  of  Fourth  Ave- 
nue, ....  467 
A  new  street  between  Third 
and    Fourth   Avenues,  de- 
clared public,  .  .  .  467 
vtde  "  Streets."            .          .         .715 

MARINE  COURT, 

When  trial  by  jury  may  be  de- 
manded in,        .         .         .  469 
Duty  of  the  clerk.  .  .  469 

Jurors,  how  drawn,  .  .469 

One  justice  authorized  to  hold  a 

court  in  ^ew  Yoik,  .         .  471 
A  certain  act  not  to  apply  in 
New   York,  and  powers  of 
as!*istant  justices,       .  .   472 

Act  authorising  the  arrest  of  ves- 
sels extended,  .         .  473 
Justices  court  authorized  to 
take  cognizance  of,  .  .  474 
Style   of  justices   court  chang- 
ed,           ...         .474 
Jurisdiction  in  certain  cases 
taken  from  assistant  justi- 
ces,         .         .         .  473,  475 


Where  to  be  held,  .  .  .477 
Juris(fiction  of,  .  .  477,  484 
court    declared    a    court    of 

record,     ....  477 
Clerk  to  be  appointed,  ,  479 

Court  to  be  open  daily,  ,  479 

Clerk  to  keep  a  register  of  the 

proceedings  of  the  court,  .  479 
Process,   how  tested,  signed 

and  sealed  .         .    480 

Proceedings     against    joint- 
debtors,  .  .         .  480 
First  process  when   by  sum- 
mons or  warrant,  47-.',  480,  481 
Form  of  summons,       .         .  481 
Process  how  to  be  served,         481 
No  summons  against  non-re- 
sidents,            .         .         .   481 
Clerk  to  administer  oath  on   is- 

suirg  warrant,  .  .481 

Process  by  warrant,      .  .  481 

Form  of  wariant,  .         .  481 

Process  to  be  served  by  con- 
stable or  special  deputy.        481 
Deputation  how  made,       .         .481 
JSo   deputation   on  jury  pro- 
cess or  execution,     .         .  482 
Defendant     arrested  to   give 

bail  for  appearance,  .  482 

Proceedings  thereupon,         .  482 
On  refusing  to  give  bail  to  be 

committed  to  jail,     .  .  482 

Not  to  be  detained  more  than 

forty-eight  hours,       .         .  483 
Plaintiff  may  commence  suit 

on  bail  bond,     .  .  .  483 

Or  sue  the  constable  er  mar- 
shal for  an  escape,     .  .  483 
Clerk  to  take  security  for  de- 
fendants  appearance    next 
court  day,         .          .          .  483 
Defendant  committed  on  ne- 
glect to  give  security,         .  483 
Security  may  be  examined  on 

oath,'        ....  483 
Power  of  justices  courts,        .  484 
Court,    when   to  proceed   to 
trial,         .  .  .  .434 

Defendant  to  give  security  on 
adjournment  if  made  with- 
out plaintiff's  consent,  484,  486 


I 


INDEX. 


ii 


Time  of  adjournment, 

Further  provision  as  to  ad- 
journments, 

Proviso    as   to    non-resident 
plaintiff,   .... 
Defendants  to  set  off  their  de- 
mands if  any,    . 

Neglecting  so  to  do,  to  be 
barred  of  action  therefor,   . 

Unless  balance  exceed  $50, 

proceeding  in  action  of  tres- 
pass,       .         . 
Officer  serving  warrant  to  hold 
defendant  in  custody  until 
discharged  by  court, 

Officer  to  accompany  defend- 
ant to  obiain  security. 

Jurors,  witnesses  and  consta- 
bles oath,  ... 

Penalty  on  witnesses  for  non- 
attendance, 

How  recovered,   .         .         . 

How  appropriated, 

Judgment  given  against  plain- 
tiffin  certain  cases,  . 

Plaintiff  not  recovering  more 
than  twenty-five  dollars,  ex- 
cept in  marine  causes  shall 
not  have  costs. 

But  costs  shall  be  awarded  to 
defendant. 

Proceedings  thereupon. 
Plaintiff  recovering   more   than 
twenty-five      dollars     may 
have  execution,  &c. 

Against  defendant's  body  and 
goods,      .... 

Execution  against  goods,  how 
proceeded  upon. 

Against  the  body,  how  to  be 
executed, 

Executions,  in  certain  case  not 
to  be  issued  under  sixty 
days,        .... 

Execution  not  to  issue  against 
freeholders  and  inhabitants 
having  families,  under  sixty 
days,        .... 

Unless  party  prove  danger  of 
losini;  his  debt. 

Proceedings  thereupon, 


486 

485 
486 

485 

485 
435 

486 

486 

487 

487 

487 
487 
487 

488 


488 

488 
488 


486 
489 

488 
489 

490 

490 

441 
491 


Cases  where  execution  may 
issue,        ....  491 
Register  of  justices  court  legal 

evidence,  .         .  .  492 

Justices     court     declared     a 

court  of  record,         .         .  492 
Justiv^es  powers  ay  conserva- 
tors of  the  peace,       .  .  495 
Justices  may  take  affidavits  to 
be  read  m  supreme  court,  .  493 
Justices  fees,           .         .    493,  494 
Constables  and  marshals  fees,  395 
Jurors  fees,           .          .  .  495 
Witnesses  fees,    .         .          .  495 
Jailors  lees,           .          .          .  495 
Constables    or    marshals,     in 
what  cases  to  be  prohibited 
from  serving  process,  .  486 
Certiorari,  how  to  be  obtained  496 

MARINE  HOSPITAL, 

Hospital,  by  whom  held,  .  690 

Controul  thereof,  .         .  690 

Boat  and  boatmen  of,  .  .  690 
Sick  persons,  how  k(  pt,  685,  690 
Proceedings     against     those 

eloping  from,    .  .  .691 

Expenses,  by  whom  paid,  .  691 
How  applied,        .  .         .  691 

How  recovered  by  masters,  .  691 
Coasting  vessels,  when  to  pay,  692 
Accounts' surplus,         .         .  692 

MARKETS. 

Public  markets  may  be  erected,  468 
Proviso,       ....  468 

MARSHALS  &  CONSTABLES, 
Duty  of  marshals,        ICu,  G02,  607 
Fees  regulated,  .  .    132 

Bond  of  officers  in  New- York,  133 
"         "     in  assistant  justi- 
ces courts,         .  61,  62,  64 


MASQUERADES, 


.  505 


MASTER  and  Wardens,   .  502—505 

MASTERS  IN  CHANCERY, 

Tenure  of  their  office,      .  .  539 

Qualifications  of,  -         .  539 

Not  to  act  in  certain  cases,      539 


84 


INDEX, 


MASTERS  OF  VESSELS, 
Duty   of  musters   of  vessels  to 
remove    persons    who    are 
•  likely   to   become    charge- 
able,        .... 
To   make  report   of  passen- 
gers,       .... 
Penally,      .         ,         .         . 


569 

567 
568 


MAYOR, 

"When  to  give  bills  of  health  to 
vessels   sailing  from  New 
York,       .         .         .         .102 
Duty  of,       .  .  .  .614 

Power  of,  incase  of  fire,  2S0 

Fees  and  salary  of,       .  .   5C7 

Further  provisions,  5C6,  5li7,  5Ut5 

MECH\NICS, 

Jictfor  the  bttler  securily  oj, 
Unsettled   accounts  to   be  pre- 
sented   to    the    owner    of 
buildings, 

Owner   to     furnish  the   con- 
tractor with  a  copy, 

Arbitrament, 

Account  how  to  be  finally  set- 
tled,        .... 

Liability  of  owner  in  case  of 
collusion,  .         .  .   510 

When  act  to  take  eflfect,         .   510 


508 

509 
509 

509 


MOTHER  of  a  Bastard, 

When  compelled  to  support  her 
bastard. 
Further  provisions. 


N 


84 
89 


EW-YORK, 

City  of  J  Boundaries  oj. 

1st.  Ward, 

.  517 

2d.     do.      . 

.   517 

3d.      do. 

.      .   51& 

4th.    do.     . 

.   518 

5th.     do. 

.     .   518 

6th.     do.     . 

.  518 

7th.    do. 

.     .   519 

8th.     do.     . 

.  519 

9th.     do.         .         .         ,     ,  b\9 
10th.  ^o.     ....  619 

llih.  do 520 

12th.  do      ...         .  .')20 
]:^th.  do.         .         ,         .     .  520 

14th.  do 520 

15th.  do 621 

Charter  of  amended,     .         .  505 

NEW-YORK, 

Caiinly  ojy  , 

Boundaries  of,  .  .         .  521 

Jurisdiction  over  certain  wa- 
ters,        ....  522 
IVew  York  an  origi^nal  county,  522 
Members  of  assembly  in,     .   522 

NLVTH  WARD,      .         .         .  521 
When  act  to  take  eflTect,  .  521 

NOTARIES  PUBLIC. 

By  whom  appointed,   and  num- 
ber of,     ....  623 
Re|)eal   of    Rev.    Stat,    thai 

limits  the  number,  .  .  62S 
Power  of  Public  Notaries,  623 
'i  heir  pr«>tests  when  evidence,  524 
Memorandum  by  them,         .  624 


NOTICE, 

Of  pub  ic  administraiorf 
When  to  be  jiiven^ 
How  s<;rved. 

Affidavit,     .... 
Eflfect  of  filing  an  affidavit  of, 
Notice  to  be  given  to  fereiga 
consuls, 

o 

OATH  AND  BOND, 

Of  public  administrator. 

Of  clerk  of  assistant  justices 

court,       .... 
Bond  of  auctioneers, 
Oath,  .... 

Bond   of    commissioners  of 

excise,     .... 


60 
69 
73 

37 


INDEX. 


35 


OFFICERS  Administrative,       '.  528 
(.'anal  officers,      .  .         .   52^^ 

May.r,         .  .  .  .528 

Couoiy  treasurers,         .  .  ^20 

Loan  offii-ers,       .  .  .   5^8 

Salt  sj)rings,    ,      ,  .  .   529 

Harbour  masters,         .  .529 

Auctioneers,         .  .         .  529 

Inspectors  of-flour,        .         .  52u 
Inspector  of  beef  and  flour,   .   529 
**         «  ashes,  .  .   529 

"**         ^*  lumber,       .         .   629 
"         *"  staves  and  head- 
ing, .  .  .  .529 
CulL-rs  of  staves  and  heading,  529 
Inspector  of  sole  leather,       .   529 
"         *'  flax  seed,    .         .   530 
"         <*  tobacco,      .         >   5o0 
*'          "fish,    .          .  .530 
'*         «  oil,     .         .         .  530 
**         *'  spirits,         .         .  530 
"         "hops,           .          .   530 
Weigher,      .         .         .         .530 
Health  oflicer,      .         .         «  530 
Bank  directors,     .         .         .   5I?1 
Wreck  masters,    .          .         .531 
County  sealers,    .          ,  .   .')3l 
Inspectors  of  turnpikes,         .  561 
Indian  offirers,     .         .         .531 
Keceiver  of  J5ag  Harbor,        .   531 
Commissioners  of  deeds  and 
notaries  in    certain   cities, 
how  limited,     .          .         .  531 
Commissioners  of   deeds   in 

towns,  .         .         .  532 

Oflices  when  vacated,  .  .  532 
When   no  new  appomtments 

t(»  be  made,       .         .         .   532 
Circuit  judges,  and   how  far 

local  officers,  .  .  532 

County  judges  and  recorders,  532 
Surrogates,  .  .         .  532 

Justices,  ....  533 
Commissioners  of  deeds,  .  533 
^Notaries,  ....  533 
Sheriflf*s,  &c.         .  .         .   633 

Admirtistrative  officers,  o  530 

OFFICERS,  Executive. 
Governor   and    lieutenant    go- 
vernor,   .         .         .         .535 


In  case  of  equality  of  votes 

for  governor,    .  .  .  536 

The  hke  for  lieutenant  go- 
vernor, ....  536 
Quaiitications  of  governor,  .  536 
State  oiiicers,  how  appointed,  536 
And  when,  ....  636 
Tenure  of  their  office,  .  .  537 
Treasurer,  ....  537 
Ts'omination  of  state  officers,  537 
Proceedings     in     case    they 

agree,  ....  537 
In  ca>e  they  disagree,  .  .  537 
State  printer,         .  .  .   537 

Governor's  private  secretary,    537 


OFFICERS,  Legislative, 

Senators,  &c.  term  of  office,     .  534 

How  chosen, "...  534 

Qualification  of  senators,      .  534 

Ineligible  to  certain  offices,    .  534 

United  i*^tates  officers,  ,  535 

Temporary   picsident   of  the 

senate,  when  to  be  chosen,  535 

When  to  act  as  governor,      .  553 


OFFICERS,  Public, 
Classification  oj\ 

Classification  of  the  civil  offi- 


cers. 

.  525 

Legislative,      ,   . 

.  525 

Executive, 

.   525 

Judicial, 

.  525 

Chancery, 

.   525 

Supreme  Court, 

.   526 

Court  of  Errors, 

.   526 

Reporters, 

.  526 

Circuit  Courts,     . 

.  527 

County  Courts,              .  < 

.  527 

Clerks,  &c. 

.  627 

Coroners, 

.   627 

New-York, 

.  627 

Recorders, 

.  627 

Clerks  of  cities. 

.  627 

Special  justices. 

.  627 

Justices, 

.  627 

Commissioners  of  deeds, 

627 

Notaries  Public, 

.   528 

Counsellors, 

.  528 

36 


INDEX. 


OFFICERS, 

J>i ominations  and  Commissions  of, 
Nominations  lo  be  written,  &c.  554 
Kesolution  of  concurrences,     554 
ResoltJlion  of  removal,  5o4 

Commissions  how  made  out,    654 
How  forwarded,  .  .   565 

Certificate  of  canvassers,  555 

Commissioners  of  deeds,         555 
Commissions  of  other  officers,556 

OFFICERS, 

Oath,  and  Official  Bond  oj. 

Oath  of  office,          .  .  .  556 

When  to  be  taken,  .  .  556 

Before  whom,       .  .  .  556 

W  ith  whom  depo>ited,  .  .')57 

Deputies  oath,      .  .  .  557 

Official  bond,        .  .  .  55H 

Notice  of  neglect,  .  .  f/SS 

Effect  of  bond,     .  .  .  558 

Penalty    for    acting  without 

oath  or  bond,  .  .  558 

Legislature,          .  .  ' .  559 

OFFICERS, 

Resignaliony  Vacancies,    Remo- 
vals,  <5'f. 

Resignations    to   whom    to   be 

made,  ....  559 
"When  oflices  become  vacant,  560 
Notice  of  conviction,  .   560 

Duty  of  governor,         .  .   560 

Notice  of  vacancy,        .  .   560 

Governor's  power  of  removal,  561 
Breach  of  otfici-ij  bond,  .    5ol 

Removal  of .  fficers  appointed 
by  governor  and  secretary,  561 

561 

561 

562 
562 

563 
564 

564 
564 


Temporary  appointment. 

Removal  of  sherixT's  clerks, 
&c.  .... 

District  attorney  to  inquire 
into  charges. 

Proceedings  thereupon, 

Delivery  of  papers  to  their 
successors,  how  enforced. 

Proceedings, 

When  person  may  be  com- 
mitted,    .... 

Search  warrant  when  issued, 


Proceeydings  thereupon,         .  664 
Books   and   papers   how   ob- 
tained when  officer  dies,        564 

OFFICERS, 

Appointments  of  judicial,  &c. 
Chancellor,  &c.  how  appoint- 
ed, ....  638 
Tenure  of  certain  officers,  .  638 
Can  hold  no  other  office,  .  538 
Judges  of  county  courts  639 
Vacancy  of,   in  office  of  first 

judge,      .         .  .  .639 

Masters    and    examiners    in 

chancery,  .         .         .  639 

Qualifications   of  master    in 

chancery,  .         .  .  539 

Master  and  examiners  not  to 

act  in  certain  cases,  .   6S9 

Surrogate,  &c.  how  appoint- 
ed, .  .  •         .  639 
Tenure  of  their  offices,  .  540 
Supreme  court  commissioner,  540 
Marshals     of     Hudson    and 

Troy,       .  .  .  .540 

Clerk  of  Oyer  and  terminer  in 

JNew  York,        .         .         .  540 
Other  <-lerk-  of  courts,  .   541 

Dis.rict    attornies,    how    ap- 
pointed,   .  .  .         .  541 
Clerks  and  district  attornies. 

Tenure  of  their  office,         .  541 
Register  in  chancery     .  .   541 

Reporier,     ....  540 
Counsellors,  .         .         .  541 

Their  authority,    .         .  .  542 

Tenure  of  iheir  office,  .  ,  542 

Counsellors,  their  removal,    .   542 
Who  mny  not  practice,  .   642 

Oiher  officers  of  courts,  how 
appointed,         .         .         .  643 

OFFICERS, 

Appointment  by  the  local  authorities, 
Commissioners  of  deeds,  how 

appointed,          .         .         .  543 

Who  ineligible,     .         .'        .  544 

Tenure  of  office,            .          .  544 

Removal  from  office,     .          .  544 

Justices  in  New  York,          .  644 


INDEX. 


37 


OFFICERS, 

Administrative,  how  appointed, 
Commis.-ioners  ofiarsd  office,  54S 
Commissioners  ofcanal  fund,  548 
Canal  commissioners,  .         .   548 
Canal  board,         .  .  .   549 

Superintendant  of  canal   re- 
pairs,      ....   549 
Collectors  ofcanal  toll,         •  549 
Canal  appraisers,  .  .  549 

Trustees  of  state  library,  569 

Superintendant    of   common 

schools  and  state  sealer,    .  550 
Mayor  of  cities,   .  .         .   550 

County  treasurers,  .  .  550 
County  sealers,    .         .  .  550 

Commissioners  of  loans,  &c. 

how  appointed,  .         .  550 

Tenure  ot  their  offices,  .   550 

Health  officers  of  JNew  York,  551 
Loan  officers,  .  .  .  651 
Inspectors  of  hops,  &c.         .  551 

OFFICERS,  Elected  by  the  people. 
Justices  in  towns,    .         .  .  545 

Kemoval  from  office,  .  .  545 
Justices  in  new  towns,  .  545 

Islotice  of  meeting  to  deter- 
mine classes,  .  .  .  546 
Classes,  how  determined,  .  546 
JVeglect  to  attend,  .  .  546 
Certificates  of  drawing,  .  546 
When  more  than  four  justices 

may  hold  their  offices,        .  547 
Proceedings  when  number  re- 


Officers  to  hold  over, 


553 


OPENING  AND  CLOSING 

Of  streets,         .  .  715,  720,722 

Powers  of  the  corporation  in 
relation  to,         .         .  716,  730 

Duties  and  powers  of  com- 
missioners in  relation 
to,  .         .  715,  719,  733 

Duties  and  powers  of  the  su- 
preme court,     .         .716,  724 

Effect  upon  contracts  be- 
tween landlord  and  tenant,    734 

Transcript  of  estimate  of, 
where  to  be  recorded,         .  717 

Provision  where  owners  are 
minors,  &c.      .         .  .  718 

Damage  &  benefit  of  720, 725,  726 

OPENING  and  laying  out  of  Streets, 
One   person   paying    for    ano- 
ther to    recover  back     a- 


gam. 


.   737,741 


duced. 


547 


Proceedings  when    elected  for 

unequal  terms,  .         .  547 

Sheriffs,  &c.  in  New  York,  .  547 

Disabilities  of  sheriffs,  .         .  647 

Coroners,     .  .  •  ,  548 

Sheriffs  in  new  counties,         .  548 

OFFICERS, 

Qualification,  duration,  &c. 

Commencement  of  office,  .  652 

Appointing  power,         .  .  553 

Deputie-5,    and   by  whom  to 

be  appointed,    .         .  .  553 

Their  number,      .         .  .  553 

Their  powers,       .         .  .  653 

Duration  of  certain  offices,  .  5^3 


Monies  to  be  assessed  on  per- 
sons benefited,  .  737,  746 

Who  to  be  appointed  asses- 
sors for  that  purpose,  .  738 

Assessments,   739,  746,  747,  749 

How  to  be  recovered  in  de- 
fault of  payment,        .         .  744 

Agreement  between  landlord 
and   tenant,    not    affected,  731 

Yacancy  in  office  of  commis- 
sioner, how  filled,     .         .  741 

Any  two  commissioners  may 
act,  ....  741 

Compensation  of,  .         .  742 

Council  may  be  founded,        .  742 

Powers  of  corporation  with 
respect  to  streets,     .  .   743 

State  right  of  streets  granted 


to  corporation] 


Powers 
ers, 


of 


743 
commission- 

.   744,748 


ORDINANCES, 

Mode  of  proving  ihun, 

How  to  be  read,       ,  .  ,  665 

Charter  of  the  city,  .  .  665 
Proceedings      of     Common 

Council,  .  .  .  665 

Licenses,  .  .  .  666 


38 


INDEX. 


Board  of  health,  proceedings 

of,  .         .         .      \  566 

Proclamations,     .         .         ,  566 

OVERSEERS  of  the  Poor, 
Their  duties, 

May  bind  out  poor  children,  28 

When  to  bind  children,  .     31 

When  and    how   to    bind  out 

Indian  children,         .         .     27 
Their  duties  with  respect  to 

bastards,  •         ,  .86 

Further  duties,     .  .  .96 

Penalty  for  neglect,       ,         .     96 

OYER  AND  TERMINER, 
Courts  of   Oyer  and  Terminer 
when   and   by  whom  to  be 
held,        .         .         .         .566 
In  New-York,      .  .         .  566 

Power  of  Oyer  and  Terminer,  617 


PASSENGERS, 

Master  or  commander  to  make 

reports  of  passengers,  567 

Penalty,       .         .         .         .668 
Sureties  may  be  required  in 

certain  cases  from  master,     568 
Duty  of  masters   to  remove 
persons    likely   to   become 
chargeable,      .         .         .  569 
Duty   of   persons  coming  to 
New- York  to  report  them- 
selves,    ....  669 
Penalties  to  be  sued  for  and 

applied,  ...   569 

Liability  of  vessel  to  seizure,  570 
Repealing,  .         .         .   570 

False  swearing  declared  per- 
jury,        .         .         .         .570 

PAUPERS, 

Requirtd  to  work,  .         .     23 

To  be  suppoited  by  relatives,  623 
How  compelled,  .         .  623 

PAWN  BROKERS, 

Common     Council    to     regu- 
late,        .         .         .   571,  60S 


Common  council  to  regulate 
rates  of  interest,       .         .  571 

Pawn  brokers  to  enter  into  re- 
coixnizances,  .         .  571 

Search  warrants  for  property 
pawned,  .         .         .  572 

How  to  be  exenuled,     .         .  572 

Properly  seized  to  be  dis- 
posed of,  ...   .^72 

Bond  to  be  given  by  claimant,  572 

PEDLARS, 

See  title.  Hawkers  and  pedlars,  303 


EXALTIES, 

Jn  relation  to  Elections^ 

False  swearing. 

.  230 

Procuring  it. 

,  230 

Neglect  of  duty. 

.  230 

Bribery, 

.  2.i0 

Calling  out  militia, 

.  231 

PEJVALTIES  fn  general. 

Suits   for   penalties   how  to  be 

brought,  .  .         .  573 

Inhabitants  competent  wit- 
nesses in  cases  where  cor- 
poration is  interested,         .  573 

Fees  of  justices  and  officers,   575 

Penalty  for  horse-racing,  25 

"        on  owners  of  horses 
and  persons  betting,  .     26 

Penalty  for  apprentices  ab- 
senting themselves  from 
service,  .         .  .34 

For  public  administrator  omit- 
ting to  publish  statemfnts,       13 

Penalty  on  boarding-house 
and  tavern  keepers  for  neg- 
lecting to  report  the  death 
of  transient  persons,  .     14 

For  trading  with  servants,         32 

Harbouring  servants,  .     33 

!•  or  jurors  and  witnesses  non- 
attendance  in  assistant  jus- 
tices' court,       •         .         .49 

For        illegal        auction 

sales,         .  60,  70,  72,  78 

Superintendents  and  overseers 
relative  to  bastarc^s,  .     96 


INDEX. 


On  physicians,  surgeons  and 

sextons     respecting     dead 

bodies,  ....  176 
For  fiihiing  duels,         .  .    l94 

Penalties  relative  to  ferries,  248 
Penalty  for  budding  contrary 

to  law,  .  .  266—7 

Concerning  jum-powder,  268 

Concerning  fisheries,  286, — 288 
Concerning  the  game  laws,  292 — 3 
For  peddling  without  license,  304 
For   shipping    beef    or  pork 

without  inspection,  .  355 

For  counterfeiting  inspectors' 

brands,  .  .    394,  372,  6 

Penalties  how  and  when  sued 

for,  .     ■       397—8,  574—5 

Respecting  U)tfery  venders,  444-5 
Cn  masters  of  ve  sels  lor  not 

reportmg  passengers,  .  .')6S 

Execution  to  collect,  .   574 

CertiHcate  of  conviciion,  575 

Penalty  on    overseers  of  the 

poor,        .  .  .  .641 

PENlTENTIARr 

Of  N»  w  York,  ...     20 

Who  may  be  confined  therein,  21 
Under  whose  charge,    .  .21 

Keeper   to   be  a|)pointed,  by 

whom,      .         .         .         .21 

Tenure  ..f  his  office,     .         .21 

Keeper  to  receive  prisoners,       22 

Disorderly        persons       may 

be       committed     for     six 

months  to,         .      22,  603,  604 

PERISHABLE  PROPERTY, 

When  to  be  sold  by  public  ad- 
min strator, .     .  .         .6 
Notice,  when  to  be  given,      .       6 
How  served  and  published,   .       6 

PERJl^RY 

At  elections,   ....  230 

Procuring  it,          .          .          .  330 

Perjury  in  a  justices  court,    .  58 

PHYSICIANS, 

To  report  to  board  of  health,  685 — 6 


PHYSICIANS  AND  SURGEONS. 

Required  to  perform  certain  du- 
ties, .  .         .         .175 
Penally  for  neglect,       .         .  175 


PILOTS, 

To  hail  vessels. 

In  bringing  vessels  into  port, 
duty  of,    .... 

Penalties,    .... 

Branch  pilots  to  be  appointed, 

A  committee  to  be  chosen  by 
the  pilots  to  report  de- 
linquents, &c. 

JMeetujgs  of  the  board. 

Hell  Gate  pdots. 

Licences  may  be  annulled,    . 

Board  may  i.^ake  rules. 

Apprentices  to  be  examined, 

Licences  to  be  under  seal,     . 

Deputy  pilots  may  be  ap- 
pointed,  .... 


ear 

667 
683 
676 


577 
578 
578 
578 
578 
680 
6ol 

682 

582 


To  enter  into  recognizance,  , 

N<»t  less  than  five  boats  to  be 
kept  by  way  of  Sandy  Hook  583 

ParttHirship  of  pilots  regulated,  583 

Penalty  for  misbehaviour,       .  684 

Puni^hment  of  pdot  for  losing 
a  vessel,  .  .  .   584 

On  suspension,  to  deliver  up 
license,    ....  584 

None  but  pilots  or  deputies  to 
be  concerned  in  the  boats,     585 

Printed  instructions  to  be  gi- 
ven to  pilots  and  deputies,    585 

Pilots  allowed  extra  fees  in 
relieving  vessels  in  dis- 
tress,       .         .         .         .585 

Penalty  for  refusing  to  receive 
a  pilot  on  board  a  vessel,  .  585 

Allowance  to  pilots  carried  to 
sea,  ....  586 

Fees  allowed  pilots  by  way  of 
Sandy  Hook,    .  .         .  586 

Fees  on  taking  charge  of  a 
vessel  at  a  certain  distance 
from  land,         .  ,         .  587 

Fees  for  detention  of  pilot,     .  688 

Fees  of  pilots  through  Hell 
Gate,       .         .         .         .588 


49 


INDEX. 


Apprentices  to  be  engaged,  .  588 
Persons  to  be  employed   by 

way  of  Sandy  Hook,  .  588 

The  lead  to  be  rtgularly  hove,  689 
Amount  of  pilotage  to  be  tax- 
ed by  the   wardens  in  case 
of  dispute,         .         .         .  589 
Penalty  for  intoxication,         .  590 
Certain  monies  to  be  paid  to 
the  pilots  charitable  socie- 


ty, 


690 


Fines,  &c.  how  to  be  appro- 
priated,   ....  591 
Branch  pilots  by  way  of  San- 
dy Hook,  .         .         .591 
Branch  pilots  by  way  of  Hell 
Gate,        .         .         .  591 
^      Hell  Gate,  .         .         .         .592 
Penalty,       ....  592 
Half  pilotage,       .         .         .  592 
Penalty  for  refusing  to   em- 
ploy a  pilot    coming  into 
port,         .         .         .         .  593 
And  going  out  of  port,           .  593 
Pilots  may  be  witnesses,       .  593 

PITCH  AND  TAR,         .        .  572 

In  what  quantities  to  be  kept,   .  371 
Penalty,       ....  271 

POLICE  OFFICE, 

Police  office  established,  .  595 

Who  may  act  therein,    .         .  595 
Three  special  justices  to  be 

appointed,         .  .  .  595 

Clerk  of  the  police,       .         .   595 
Recognizances,    depositions, 
&c.   to  be    lodged    there- 
in, ...    595,617 
Duties  of  the  clerk,       .         .  596 
Copies  of  certain  recognizan- 
ces to  be  lodged  in  the  said 
office,       ....  596 
Recognizances,   when  to   be 

entered  into  the  exchequer,  597 
When  to  be  delivered  to  the 

common  council,      .         .   597 
Salary   of  the  justices,    and 

fees,        ....  597 
Salary  of  the  clerk,       .         .  597 
Expenses  of  the  officer,  how 
defrayed,  .         -         .  597 


Clerks  fees,  .         .         .  579 

Special  tjustices  duty  respect- 
ing the  property  of  certain 
intestates,         .         .         ,  598 

Justices,  when  and  how  to  ac- 
count for  monies,  goods, 
&c.  unclaimed,    .  .         598 

Upon  proof  of  property,  to 
restore  same  to  owner  [on 
payment  of  expenses,         .  598 

Unclaimed  property  to  be  sold 
at  public  auction,  and  pro- 
ceeds paid  into  the  city 
treasury,  .         .         .599 

Officers  to  attend  police  of- 
ofice,        .         .         .  599,  607 

Watchmen  to  obey  the  orders 
of  the  justices  in  certain 
cases,       .         •         .         .  699 

Duty  of  the  justices  as  to  per- 
sons detained  by  watch,     .  600 

Justices  to  discharge  watch,     600 

Disorderly  persons,  how  dis- 
charged on  bond  of  recog- 
nizance, ....  600 

Bonds  of  recognizance,  where 
to  be  lodged,     .  .         .  600 

Special  justices  have  powers 
as  justices  of  the  peace  in 
other  counties,  .  600,  601 

Further  powers  of  special  jus- 
tices,       ....  601 
Common  council  to  direct  where 
police  office  to  be  kept,      .  601 
Addiiional    justices    to   be 
appointed,         .         .         .  601 

Office  to  be  north  of  Grand- 
street,      ....  602 


Marshals,    . 

• 

.   602 

POOR, 

Paupers  to  be  supported  by 

rc- 

latives,     . 

.  623 

How  compelled. 

.  623 

Powers  of  courts 

.  624 

Order  of  court,  .  . 

.  624 

How  enforced,     . 

.   625 

Suits  by  overseers, 

.  625 

Effect  of  warrant. 

.  625 

Duty  of  overseers, 

.  636 

Proceedings  by  general  ses- 

sions. 

.  626 

i 


n 


INDEX. 


41 


Warrant,  when  justices  may 
discharge,         . 

Powers    and  duties  of  over- 
seers,      .... 
Of  county  superintendants, 

To  be  ap|)ointed, 

To  be  a  corporation,     . 

To  provide  places, 

To  make  rules,    . 

To  employ  keepers,  &c. 

Allowance  for   bringing  pau- 
pers,        .... 

Payment  of  allowances. 

To  decide  disputes. 

To    direct    and     commence 
suits,        .... 

To  draw  on  county  treasurers, 

to  account  and  pay  over  mo- 
nies,        .... 
County  poor  houses. 

Expense  limited, 

Superintendants     of     county 
poor  houses, 

Excise    money,   when    to  be 
paid  to  county  treasurer, 

Penalty,      .  .  .  . 

Is' otice  of  supervisors, 

Poor  to  be  a  county  charge  in 
certain  cases,   . 

When  to  become  so  in  other 
counties, 

IVotice  to  be  given. 

Excise  money  to  be  paid  to 
county  treasurers,     . 

Poor  of  other  counties,  how 
supported, 
Settlements,  how  gained. 

Minors  and   married  women, 

Paupers  not   to  be  removed, 
how  supported. 

Proceedings,         .  .  , 

Towns,    how    compelled     to 
support  poor,    . 

Accounts  and  estimates  to  be 
read  at  town  meetings, 

Expense  of  supporting  poor, 
how  defrayed,  .  .  . 

Cotnpensation  to  overseers,  . 

Penalty  for  removing  paupers. 

Proceedings, 

Liability,  how  contested, 

Neglect  to  contest, 


626 

626 
627 
627 
627 
628 
62b 
62s 

628 
628 
62b 

629 
629 

629 
629 
629 

630 

630 
631 
631 

631 

632 
632 

.  632 

633 
633 
633 

633 
634 

635 

641 

641 
642 
642 
643 
643 
653 


Suits,  when  to  be  brought,  .  644 
Penalty  on  superintendants,  .  644 
Payment   over    of  penalties, 

and  their  appropriation,  .  644 
Overseers  to  sue  for  penalties,  644 
Allowances  therefor,   and  for 

costs,  ....  645 
Certain  paupers,  .         .   645 

Town  poor  houses,        .  .   645 

Poor    houses     exempt    from 

taxes,       ....   645 
Keepers  exempt  from  juries, 
Idiots  and  lunatics,        .         .   646 
Reports   by   county   superin- 
tendants, .         .  .   645 
Reports    by   county   supervi- 
sors,        ....  646 
Duty  of  clerk  cf  supervisors,   647 
Penalty  for  neglect,       .  .  647 
Reports  by  secretary  of  state,  637 
Money,  how  to  be  appropri- 
ated,        .          .          .  .648 
School  fund,         .         .  .  648 
Money   and   securities   to  be 
delivered    to   school    com- 
missioners,       .          .  .   648 
Suits,            .          .         .  .648 
Permanent  school  fund,  .   649 
Loans  on  bond  and  mortgage,  749 
Foreclosure  of  mortgage,       .   649 
Literest,  how  to  be  applied,  .  649 
Commissioners    to      account 

annually,  •  .  .   649 

Penalty,  ....  650 
How  applied,        .  .  .   650 

Children  to  be  taught,    .         •  651 
Expense,     ....   651 
J\ot  to  be  returned  in  school 
report,      .         .         .  .651 

POOR  CHILDREN, 

May  be  bound  out  by  commis-  > 
sioners  of  the  alms-house 
to  persons  in  the  ^tatet, .  ;^f),;^j9i;£ 

^^^^     ^  J      ;' lit:  ;  J^  i:}  i*^ -i;  III 

POOR,  Overseers  of;        \u:ry:i.  // 
When  to  bind  out  children,,, 0,1^,4 8 
salaries,  -.,.!•,;',  !ti^'.i'.-/  ^2 
D u ty   with'  rei atiojqi , j .^o ;  ]^^ ( > 
tMrds,    ;.;,,,.  ^.,;/,^   udoT79 
,  Further  duties,     .    .i,  Ho  j.if     ^3 


Powers  of, 


.  626 


6 


49 


INDEX. 


POT&  PEARL  ASHES, 

Inspection  of^ 

Ashes  when  (o  be  inspected,         361 
**     how  to  be  put  up,     .  .   362 

Puty  of  inspector,         .  .  362 

Penalty  for  violation  of  duty,  382 

Weijih  note,      ....  363 
Defection  of  cask?,      .  .  363 

Casks  when  to  be  condemned,  364 
Fntries  to  be  made,       .  .  364 

Ashes  to  be  kept  dry.  .  364 

Powers  and  duties  of  mspecton«,  364 
Penalty  on  owner,   &c.   of  a 

vessel,  .  .  .365 

Prohibition,  .  .  .   365 

Penalty     for     counterfeiting 

brand,  .  .  .   365 

For  misdating  invoices,         .  365 

Assistants,       ....  366 
('•ompeiisation,     .  .         .   366 

Extra  allowances,         .  .  366 


POUNDS, 

To   be   kept  in  each   city   and 


town. 


651 


Common  Council  to  support 

pound  masters,  .         .651 

Their  fees,  .  .  .652 

When  and  by  whom  paid.  652 

If  not  paid,  how  and  when  to 

be  sold,  ....  652^ 
Surplus  to  be  paid  t'>  the  own- 
er   if  none  appear  to    be, 
paid  for  the  use  of  the  poor 
of  the  town,      .         .         .  652 

POWDER, 

How  and  where  to  be  kept,  .  268 

Transshipment  of,  •         .  268 

How    to   be  carried  through 

the  streets,         .  .          .2681 

Seizure  of,            .  .          .   270 

Acltons  to  recover,  .  266,  270 

Pi^OCESS, 

In  assistant  justices  courts,  .  43 
Warrant,      ,  .•        .  .     42 

S^iWfiKm^,  ,        '.'        .         ,     43 

"■^  Against  freeholders,  J  .  .  44 
Ofie^Bc^ian,       V        .,     >     51 

^^  To  be  issued  nnfi  signed,  \fy, . 

-^^     ihecterk,  '     r-oiU:'\'''-^''l^j60 


How   to   be   served,    and  by 
Whom,     .    .         .         .       51,  62 

In  Marine  cJiurt, 

Warrant,        .         .  472,  480,481 
Summons,     .         .  .  474 

By    whom    and    how    serv- 
ed, .  .  .  489,  490 
Of  execution  when  and  how 
issued,      .          .  .  489,  490 

In  superior  court. 

Form  of  process,  .  160,161 

PROFANE  Swearing  and  Cursing. 
Penalty  for,     ....  653 
Proceedings  if  pr  nalty  be  not 
paid  or  secured,        .  .  653 

PUBLIC  HEALTH, 

Health  officer  to  visit  vessels,        668 
His  power,  .  .         .  669 

Purifying  vessels,  ,  ,  669 

Who  n»:iy  come  to  the  city,      669 
Cargoes  to  l)e  dischaied,       .  670 
Certain  articles  exempt,         .  67U 
Carg ),   when     admitted    to   the 

to  the  city,        .         .         .  670 
Crew   passengers,  &c.    when 
admitted,     when    prohibit- 
ed, ,         .  .   670,  678 
Certain  articles  to  be  destroy- 
ed,           ....  670 
West   India    produce   to    be 

landed,  .  .  .671 

Raigs,     h^des,     and     skins, 
when     landed      and      how 
kept,         .         .         .  671,  668 
When  to  be  shipped,     .  .   672 

V  hen  may  h^'  sent  lo  the  city,  672 
Boats  not  to  land,  .         .  072 

I  Lighters,      ....  672 

Further  provisions,         ,  673,  675 
Certa  n   vessels  restrained  to 

certain  bounds,         .         .  675 
Inspectors  duty,  .         .  676 

Certain  cargoes  may  be  land- 
ed, ...         .  676 
Certain  vessels  may  come  to 

the  wharves,     .         .         .  676 
Cargoes  not  to  be  brought  to 
tne    city    without    permis- 
sion,        .         .         .  677,  678 
Permit,  when  granted,  .   677,  678 


I  N  DE  X. 


49 


Clothing,     &c.    not     to    be 

brought  to  ihe  r^ity,  ,   678 

Proclamation  of  iniectrd  pla- 
ces, ...  .   678 
Peiuilfies     for     violation     of 

health  law,  679,  60,  81,  82,  689 
EiUcring    qiir.rantine  ground 

anJ  (.^loping  froru,      .  .    683 

When  offenders  detained,      .   682 
J^votice  of  offences,        .  .   682 

Futrid  articles  to  be  destroy- 
ed, .  .  .  '.  635 
I>I asters  of  vessels,  .  .  686 
Proceedings  for  neglect,  .  667 
halted  provisions,  .  -  687 
To  he  r<  ported    and   how  re- 


moved, 


688 


Damaged   cotton   to    be  re- 
moved,             .          .  .   689 

PUBLIC  HEALTH, 

i  tficf-rs  nf, 

Boiird  of  health,          .          .  656—6 

Comtnisxinrji  rs  of  health,  645 

Health  ofiicer,      .          .  .   655 

His  assistant,        .          .  .   655 

ItesiJent  physician,       .  ,   555 
Health  commissioners  to  give 

bond,        .          ,          .  ,   555 


Q 

QUARANTINE, 

An'-horage  ground, 
Vessels  siihject  to, 


664 
665 
682 
t83 


Entering  qnarafine  ground,  . 
Eloping  (rofn  quarantine. 
Place  of  quarantine  of  vessels 
and  per^sons,     .         .  664 — 667 


ECORDF.R, 

Duties  of, 

, 

,         , 

154 

Power-  of, 

. 

, 

124 

May  hold  the 

court  of 

general 

'  sessions. 

. 

, 

154 

Of  special  sesions, 

.         , 

156 

Of  oyer  and 

terminer, 

. 

566 

Salary  of,     . 

. 

. 

696 

RECORDS,  PUBLIC, 

M.iy  be  removed  from  the  city,    696 

REGISTER, 

Office  established,   .         .  .   696 

Con)mon  coii,  cil  to  appoint,     697 
liights  and  powers  of,  .   697 

Fees  of,       ....  697 
Certified     tiansrripts    of   re- 
cords legal  evidence,  .   697 
Note  of  incumbiances  on  real 

estate  to  be  directed  to,      .  697 
Registers    duty    in     relation 

thereto,    ....   698 
Fees  for  registering  same.     .  698 
IVliutute  to  be  entered  up- 
on the  discharge  of,  .   698 
Incumbrance,        .          .  .   699 
To  make  an  index,            .  .   699 
I'\;es  fur  searches,          .          .700 
Deputy  register,  .          .          .   7oO 
Power  ot   governor  to  fill  va- 
cancies,  ....  700 
Shcnfis  and  under  clerks,       .  701 

RELIGIOUS  MKETLNGS, 

Not  to  be  disturbed,  .  .  701 
Liquor  not  to  be  sold,  at  .  701 
Shows,  and  not  to  be  exhibit- 
ed, ....  701 
Nor  racing  nor  gaming,  .  70  i 
Highways  not  to  be  obstruct- 
ed  701 

Penaly        ....  702 
Offttnders  to  be  apprehended,  702 

REPORTS 

Of  commissioners   on   opening 
streets,  .... 

Ht>w  made,     .  ,  ,  729 

'J'o  be  confirmed  .  .  7z;9 

^Vhen  to  be  final  and  conclu- 
sive,        ....  730 
Assessments  by,  715 — 735 

Where  to  be  deposited,  .   7  .5 

May  be  corrected,         .         .  735 

REPRESENTATIVES  in  congress 
When  chosen,  .         .         ,221 


44 


INDEX. 


Resignation  of,     .         *         .221 
Death  of,     .         .         .         .221 

RESIDENT  PHYSICIAN, 

Duties  of,        .         .         .         .  656 

ROADS, 

Common     council    to    appoint 

commissioners  of,     .         .  763 1 

Authorized   to   build  bridges,  j 

&c.  .  .  .  .7041 

Penahy   for    injuring    or   ob- 
structing, .  .  .  705 

How  recovered  and  applied,     7U6 

Overseers  to  remove  nuisan- 
ces, &!C,  .  .  .  706 

Penalty  for  destroying   trees 
in  or  near  roads,        .         .  707  | 


s 


Names  of  justices,        .         « 

Duty  of  secretary  of  state,     . 

Further  daty  of,    . 

To  record  statement  of  elec- 
tions,      .  .•         .  . 

If  statements  be  not  received 
to  dispatch  special  messen- 
gers,        .... 

To  noiify  state  canvassers,    . 

Further  duties  of, 

To  grant  licence  to  hawkers 
and  pedlars. 


220 
225 
226 

217 


217 
217 
226 

304 


SALES, 

For  unpaid  taxes, 

SALARIES  of  public  officers. 
Public  administrators's  salary. 
Of  assistant  justices,     . 
Justices  of  the  superior  court 
Of  commissioners  of  excise. 
Of  mayor,    .  .  .   507, 

Of  special  justices  of  police 
oftice,       .  .  •  . 

Of  the  clerk. 
Of  the  district  attorney, 
Of  the  recorder,    . 
Of  the  Mayor,     . 

SCHOOLS,      .        .        .        . 

SCUTTLES, 

Provision  concerning, 

SECRETARY  of  State, 

To  record  proceedings  of  can^ 
vast^ers,    .... 
To  deliver  certificates. 
Certificate  of  persons  chosen 
to  congress, 


773 


2 

60 
159 
237 
508 

597 
597 
7U7 
704 
50» 

126 


265 


220 

220 

220 


SENATORS  in  Congress,  Election  of, 
When  chosen,  .  .  .   229 

Vacancy  in  office  of,     .  .   229 

How  chosen,         ,  .  .  229 

Evidence  of  election,    .  .   229 

Term  of  office  of,         .     '    .   534 

SERVANTS 

Certain  children  of  slaves  to  be 

servants,  .  .  .30 

For  what  time,     .         .  .31 

Such  servants  to  be  instruct- 
ed, ....     31 
Effect  of  neglect,  .  .31 
Trading  with  certain  servants 

prohibited,         .         .  .32 

Penalty,       .  .  .  .32 

Penalty    for    harboring    ser- 
vants,    ....       33 
SESSIONS,  General,  powers  of,j 
In      relation      to      apprentices, 

slaves  and  servants,  36,  37,  617 
General   sessions,   bv    whom 

held,  .  .     '     .  154 

Duty  of  Recorder,  .  .154 

Powers  of,  .  .  .454 

Aldermen  to  attend,       .  .   154 

Term  of  court,     .         .  .   154 

SETTLEMENT  OF  POOR, 

Settlement,  how  gained,   .  .   633 

Minors  and  married  women,  633 
Proc<  edmgs      to      determine 

who  are  county  paupers,  .  635 
In   counties   wliere  there  are 

no  poor  houses,         .  .  636 

Decisions  of  superintendants,  636 


INDEX. 


45 


Expence  of  removal  and  tem- 
porary support  of,     .  »   637 

Relief  to  paupers  who  cannot 
be  discharged,  .  .   G38 

Where  to  be  given  in  certain 
ca.^es,       ....   638 

Fuither  provisions,         .   639,  640 
See  iille,   "  Poor,"  .  .  620 

SET   OFF, 

vide  title,  "Assistant  Justices," 

pages.  .  .      46,  485 

SEWERS,  COMMON, 

Corporation  to  cause  them  to  be 

made,  streets  filed,  &c.     .    131 

Expences  thereof,  how  esti- 
mated and  assessed,  .    131 

Assessments  to  be  ratified  by 
common  council,       ,  .  "132 

And  in  default  of  payment  to 
be  levied,  by  distress  and 
sale,  ...  .    132 

Agreement  betw^een  landlord 
and  tenant  not  affected,     .   132 

Persons  paying  for  others  to 
recover  back,    .  .  .132 

Further  assessments,  how 
made,       .  .         .         .132 

SEXTONS, 

Duties  before  intering  dead  bo- 
dies,        ....   475 
Penalty  for  neglect,      .  .  475 

SHERIFF, 

Duty  With  respect  to  electors,  .  202 
Sheriff,  by  whom  chosen,  ,  547 
Disabilities  of,      .  .  .  547 

To  give  bond,       ,  .  .  708 

Its  form,       ....   709 
Amount  of  Penalty,      .  .  709 

Filing  of  bond,  oath  of  sure- 
ties, .  .  .  .709 
To  renew  security  annually,     709 

SHINGLES,     ,         .         .         .  374 

Regulation  as  to  inspection 
of,   .  .  .         .  375,  376 

SINKS, 

Provisions  concerning,     .         .141 


SLAVES  AND  SERVANTS, 

Certain  children  of  slaves  to  be 
servants,    . 

For  what  time. 

Length  of  service  of  such 
children. 

Such  servants  to  be  instruct- 
ed, .... 

Effects  of  neglect. 

Affidavit  to  be  filed. 

When  to  be  bound  out  by 
overseers. 

Slaves  of  emigrants  to  be  ser- 
vants,      .... 

How  long. 

Such  servants  to  be  instruct- 
ed,  .  .  .  . 

When  to  be  bound  out  by  the 
overseers  of  the  poor. 

Trading  with  servants  prohi- 
bited,       .... 

Penally  for, 

Pennlty  for  harboring,  &c.      . 

Indentures,  when  invalid. 

County  snperintendant  to 
guardians  of,     . 

Their  duties  as  such,     . 

Penalty  on  apprentices  and 
servarUs  abusing  their 
masters, 


30 
31 

31 

31 
31 
31 

31 

31 
32 

32 

32 

32 
32 
33 
34 

34 
34 


34 


SLIPS, 

Filling  up  of,  .         ;         .141 

Common  council  to  pay  one 
thud  part  for  filling  up,       .   142 

SOLE  LEATHER,  Inspection  of. 
Duty  of  inspector,    .  .  .  384 

Manner  ot  inspection,   .  .   3b5 

Amount  of  penalty,        .  .   709 

SPECIAL  ELECTIONS, 

In  cases  of  equality  of  votes,  198,  234 

How  to  be  conducted,       198,  234 

Past  and  lulure  cases,  .   234 

Provisions    as    to   collectors 

elected,   ....   234 


SPECIAL.  SESSIONS, 

When     and     what     accusation 
court  may  try, 


155 


48 


INDEX. 


Persons  who  are   to  compose 

the  coiirr,  .  .    156,  157 

Proceedings;,         .  .  .156 

Ki<rht  of  appeal,   .  .  .156 

\^  hen  to  be  rnafle,  .  .156 

Proceedings  Iheivon,    .  .156 

Keepptg  minutes  of  trials,     .   157 
Judgments,    ^c.    how    exe- 
cuted,     ....   157 

SPIRITS,  Distilled,  Inspector  of, 

ISumber  of  in  iSew  York,  .   389 

Their  duty,  .  .         .  390 

Fees  and  penalty,  .    390,391 

Duty  of  inspector  general,     .   391 


Fees, 


692 


STATE   PRISON  and  Penitentiary, 

male  and  female  convicts,         .  710 

Inventory,    .  .  .  ,  710 

Pay  of  commissioners,  .  711 

Kuies    for   the    regulation    of 

&c 711 


STATES  and  heading,  inspector 

of. 

Staves  and    heading  to   be   in- 

spected. 

377 

Maimer  of  inspection,  . 

377 

Butt  staves, 

377 

Pipe  slaves, 

377 

Hogshead  staves. 

378 

Barrel  staves, 

578 

Plogshead  heading, 

378 

Duty  of  inspector  general,     . 

378 

Duly  of  cullers,    . 

378 

Di>putcs,  how  decided. 

379 

Inspectors  fees,    . 

379 

Cullers  fees. 

379 

Powers  and  duties  of  inspec- 

tor  g»  neral  of  New  York,  . 

380 

Of  cullers. 

389 

Proceedings, 

3^0 

Penally  on  shipper, 

381 

On  inspectors  and  cullers,     . 

381 

Duty  of  inspector  general,     . 

3S1 

Annual  report. 

S81 

STEAM  FERRY  BOATS, 
Rates  of  ferriage,     , 


712 


717 
7l7 


718 
1,3 


Inhabitants  of  the  Island  may 

compound  for  ferriage,      .   713 
Powers  of  common  council,      714 

STREETS,  closing  of 

Proceedings  relative  to,  715,  720 
Commissioners  to  take  oath,  715 
To  make  an  estimate,  715,  715 
To  report,   .  .  .  .715 

Powers  of  supreme  court  in 

the  premises,    .  .  .  716 

Corporation  when    vested   of 

roads,  streets,  &c.    .         .   716 
Vrhere  tv.  deposit  transcript  of 

estimate,  .  .  .717 

Notice  to  be  published,  ,  7l7 

C  orpora  ion  to  pay  the  same 

assessed, 

Proceedings  in  default. 

Provisions  as  t)  owners  who 

are  minors,  ieme  covert,  or 

absent,     .... 

Opening  of,  .  .         450, 

Assessment  for,         .        451,  453 

ComHiissioner's  estimate,  451,456 

Plans  of,  .  .  450,  456 

Vacancies  in  commissioners. 

Power  of  commissioners,       .  719 

Two  of  commissioners  may 

act,  .         .         .         .719 

Duty,  and  the  compensation 

of,    ....  719,  720 

Further  provisions^         .  720,721 

Opening     of    streets     avenues 

squares,  .  .  •         . 

Lauds   may    be   taken,    and 

buildings  removed,    . 
Corpor.ition  to  apply  to  the  ju- 
dicature   to     assent    com- 
missioners to  ascertain  da- 
mages,    .... 
Commissioners  to  be  sworn, 
Duty  of,  724,  730,  733,  735 

Powers  of  corporation.  .  730 

Duty  of  C(»mmissio:iers  when 
parts  of  lots  only   are   re- 
qu  red,     ....  733 
Proceeds  of  sale  of  such  parts 
of  lots,     ,         .         .         .734 


722 
723 


724 

7^4 


INDEX. 


47 


Contracts  between  landlord 
anri  tenant  to  cease  in  cer- 
tain cases, 

Rents  to  be  apportioned  in 
certain  costs,    . 

Persons  afiected  by  assess- 
ment may  object  thereto,   . 

Damages,  when  to  be  paid  by 
corporation, 

Parties  may  sue  in  case  of 
ne<rlect,    ....  736 

If  parties  entitled  are  infants 


734 
734 
737 
735 


feme  coverts 


loney  may 


be  piiil  into  court,     .  .  736 

Power   to   extend    Lafayette 

place,  ....  753 
Powers  of  commissioners  of 

estimate  and  assessment,  755-6 
Certain  expenses  to  be  paid 

corporation,      .  .  .   756 

Section  of  former  act  defined.  757 

SUITS, 

Commencement  of,   in  the  ma- 
rine court,  .  .  .  473 
Kow  may  be  commenced  in 

superior  court,  .  .   473 

In  assistant  justices  courts,  43,  44 
In  marine  court,  .  .  489 

For  penalties,       .         .         .  575 

SULPHUR, 

In  what  quantities  to  be  kept,  .  271 
Penalty,     .         ,         .         .271 

SUNDAY, 

Common  Council  to  pass  or- 
dinances    for     the     strict 
observance  of,            .          .  143 
Fishing   prohibited    on   Sun- 
day,         ....  292 
Certain    process    not    to    be 

served  on,         .          .          .  757 

Services  void,       .          .         .  758 

Ccrfam  sports  prohibited  on,  75* 

Kxceptions,           .         .         .  758 

Good-  not  to  be  sold  on,        .  758 

May  be  seized  and  forfeited,  758 

Liquor  not  to  be  sold  on,       .  759 

EiceptiODS,          .         .         ,  758 


Hearing   of   non-enumerated 

motions, 
Juror-,         .  .  .  .166 

Act,  when  to  lake  efTcct,        .   165 

SUPZRINTENDANT 

Of  Jilmskonse^ 

Whom  to  be  appointed  by,  .  22 

Tf^nure  of  his  office,  .  22,  23 
Power  of       .         .         .         .24 

SUPERIXTENDANT 

0/  Common  Srlw-ls 

lo  visit  the  institution  of  deaf 

and  dumb,         .  .         .   174 

Duties  of,   in  relation  to  such 

institutions,       .         .  .   174 

SUPERIOR   COURT, 

Superior  court  established,  158 

Justices,   to  be  appointed  by 

whom,      .  .  \  .159 

Teims  of,  to  be  monthly,  .  159 
Adjournment,        .  .  .159 

Actions,  causes,  and  motions,  159 
Salaries  of  judges,  .  .    159 

Seal  and  clerk,     .  .  .160 

Forms  of  process,  .  .159 

Writs,  and  how  tested,  .   160 

Restriction  on  power  of  the 

court,  ....  161 
Writs  of  subpoena,         .  .    161 

Order  for  removal  of  causes, 

how  and  when  made,  .  161 
Order  to  stay  proceedings,  .  162 
Writ  of  error,        .  .  .162 

Fees  of  the  clerk,  .  .162 
Costs,  .  .         .         .102 

Judgments,  .  .         .   163 

Powers  of  justices  at  cham- 
bers,       .         .         .  .163 
Powers  of,             .          .  .163 
Writs  of  certiorari,  where  and 

how  issued,  .  .  .  162 
Places  of  holding  court  may 

be  removed,     .  ,         ,   164 

Cleik  may  adjourn  court,  .  164 
Transfer  of  actions,  .  .164 
Special  bail,  .  .  .  165 
Suits,  bow  brought  in,  .156 


48 


INDEX. 


SUPERVISORS, 

Mayor,  recorder,  and  alderman 
to  be,       ..... 


759 


SUPREME  COURT,  Commissioner, 
Provision  relative  to,         .  .  759 

SURETIES,  To  keep  the  Peace, 
When  m;iy  be  required,     .  .   609 

Amount  and  terms  of,  .  .   G09 

When  party  to  be  discharged 

when  committed,       .  .  609 

Discharging  party  committed,  609 
To  be  filed,  .  .  .610 

When    officer    may    require 

sureties,  .  .  .   610 

Proceedings  on,  .  .  .610 

When  deemed  broken,  .   610 

Action  upon,         .  .  .  610 

Common  law  abbrogated,      .611 

SURROGATE, 

How  far  local  offices,        .  .   532 

Order  ot',  when  necessary,  .  3 
When  order  to  be  granted,  .  4 
Subpoena  to  discharge  con- 
cealed effects,  .  .  4 
How  served  and  enforced,  .  4 
Examination  of  witnesses,  .  5 
By  whom  appointed,  539,  540 
Bond  of,  .  .  .  .760 
tenalty,  ....  760 
Who  a  judge  of  sufficiency  of 

SWINE, 

Powers  of  corporation  in  regard 

to  swine,       .         .         .  760-7 


TAR, 

In  what  qnanties  to  be  kept       .   271 
Penalty,        .  •  •  271,272 

TAXES, 

Notice  thereof         .  .         .  762 

Sal3S,    how   and    by    whom 

made,       .         .    *    .  .  762 

Payments,  ....  762 
Board  of  assessors,       .         .  763 


Their  powers,  .  .  .  763 
To  malice  rules,  .  .  .  763 
Assessment  rolls  to  be  com- 

compared,         .  .  .  764 

Alterations  made  by  votes,  .  763 
Fair  copies  to  be  made,  .   764 

Book  ot  minutes,  .  .   764 

Supervisor  to  examine  rolls,  765,  6 
Pay  of  assessors,  .  .   765 

Tavern    keepers     to     report 

boarders,  .  .         .  765 

Penalty  for  neglect,       .  .  765 

Duty  of  assessors,        .  .  766 

Manner  of  collecting  tax,       .  767 
Further  provisions,        ,         .  768 
Raising  and  filling  up  lots,         .  769 
Amount  delared  a  lien,  ,  769 

Provision  as  to  lands  owned 

by  more  than  one,  .  .  770 
Redemption  of  la'ids  sold,  .  770 
luterest  chargeable  on  tax,  .  771 
Fourteen  per  cent,  to  be  add- 
ed in  certain  cases,  .  .  771 
Taxes,  how  to  be  levied,  .  772 
Proceedings  in  cases   where 

taxes  remain  unpaid,  .  772 

Notice  to  be  published,  .  792 

Lands  may  be  sold  for  a  term 

of  years,        .  .  .   772,  3 

Sales  may  be  made  notwith- 
standing a  warrant  of  dis- 
tress,       ....  775 
Further  provisions,  .  .   775,  6 


TAXES, 

W  ho  to  be  supervisors,     , 

Their  riuty, 

Who  to  be  treasurer,  and.  du- 
ty of,        .         .         .  . 

Money    recovered    by    him, 
how  paid, 

His  salary, 

To  account  annually,    . 

How    many    to   constilue    a 
a  quorum. 

Penally    on    supervisors    for 
neglect  of  duty, 
.  Collectors  of  taxes,  when  to 
pay  over  monies  collected 
by  them. 

To  exhibit  assessment  rolls. 

Penally  lor  neglect, 


777 
777 

777 

778 
778 
778 

779 

779 


779 
779 
779 


INDEX. 


49 


TERMS  OF  COURT, 

Of  general  sesions,  .  .    153 

Of  superior  court,  .  .159 

Of  coinmon  pleas,  .  .   122 

Of  circuit  court,  .  .   146 

TOBACCO, 

Leaf,   Iiispecfinn  ofy 
Inspector  to  appoint  deputies,  .  393 
Four  qialities  of  tobacco,      .   373 
Inspector's  fees,  .         .394 

Penalty     for     counterfeiting 

murk^,      ....   394 
Penalties    on  inspectors  and 
deputies,  .  .  ,   394 

TRADING  with  Servants,  .     82 

TRIAL  BY  JURY, 

Wiien  may  be  demanded  in  as- 
sistant justices  court,#.     47,48 
Adjournment  of,        .         .  45,  46 
Proceedings  on  plea  of  title,        47 

Trials  by  in  the  Marine  Court,     469 
Adjourment  of,       .  .  484, 485 

Proceedings  on  plea  of  title,     4S6 

In  Superior  Court,  .         .         .   159 

TURPENTINE,  spirits  of, 

In  what  quantities  to  be  kept,    .   271 
Penalty,       .         .  .  .271 


U 


UNION  PLACE, 

Provisions  concerning,         463,  467 

UNITED  STATES  Jurisdiction 
Over  certain  land  in  the  city  of 

New-York,         .         .         .43 


V 


VAGRANTS, 

Who  deemed  vagrants,  .  .  602 
Duty  of  peace  officer  in  rela- 
tion to,  .  .  .  .  502 
Proceedings  against,  .  603 
Enumeration  of,  .  ,  780 
To  be  brought  before  magis- 
trates,     ....  780 


Proceedings  against,     .         .  780 
Children  begging,  how  to  be 
dealt  with,         .         .         .781 

VESSELS, 

Unfit  for  senj  how  to  be  inspect- 
ed, ....  505 
Subject  to  quarantine,  .  665 
Classes  of,  ...  665 
Steam  and  coasting,  .  .  066 
How  moved  from  wharves,  .  666 
Not  to  return,  .  .  .  667 
When  may   pass  through  the 

sound,  ....  667 
To  be  cleansed  and  released,  669 
To  h  ive  colours,  ,  .   672 

Intercourse  with  vessels,       .  682 


VESSELS  subject  to  Quarantine, 
Certain  vessels  not  to  enter  the 
village  of  Brooklyn, 
Duty  of  masters. 
Penalties, 

VICTUALING  HOUSES, 

Common  council  to  pass  ordi 
nances  of, 


781 
781 

781 


607 


Penalty  for  violating  ordinan- 
ces, ....   60S 

VICE-CHANCELLOR, 

Power,  duties,  and  jurisdiction 

of,  ....  782 

VITRIOL, 

In  what  quantities  to  be  kept,    ,  271 
Penalty,       ....  271 


VOTING  and  challenging  at  elec- 


tions. 


205 


w 


WARRANT, 
Of    public  administrator,  when 

to  issue,  ....       5 
From  a  justices  court,  .     43 

Warrant    against   freeholders 
from  a  justices  court,         .     45 


50 


INDEX. 


Under  the  act  abolishing  im- 
prisonment for  debt,  .   313 
Proceedings  under  it,        314,  315 
When    to   issue    from   police 
office,       .         .          .         .609 

WAGERS, 

All  wagers  iinUwful,         «  .     98 

Property  staked  may  be  reco- 
vered,     .  .  •       .  .98 
Further  provisiens    concern- 
inir,            .          .          .  99—101 


WARDS, 


517 


WEIGHTS  and  Measure?, 

Weight-!,  &c.  to  be  uiform,        .  784 
.Standard  ya  d,      .  .  .784 

Division  of  yard,  .  .  784 

Rod,  Furlong,  and  mile,        .  784 
Pound,  ounces,  itc.      .  .   785 

Riishel,        .  .  .  .786 

Gallon,         ....  786 
Copies  of  standard,        .  .   787 

Perj  ilty  f  )r  Using  weights  and 

measures,  contrary  to  law,    788 
Fees  of,       .  .         .    788,  78.^ 


WEIGH  MASTERS, 

Corporation  to  appoint, 
'1  heir  ouih, 


782 
783 


WELl.S  and  PUMPS, 

Common  council  to  cau^^e  them 

to  be  made,      .  .  ,   792 

Ovtr.-eersof  lo  be  appointed,  792 
Duty  of  overseers,  .   6<J3,  794 

Yacancies,  iiow  filled,  .  793 

Penalty  lor  neglccl  of  duty,  .  794 
How  re(  overed,  .  79i 

Penalty    on    persons   for   da- 

niiigitig  piniips,  ,  .   795 

How  recovered,  .  ,   795 

Master  liable  for  servant,       .  795 


WINDOWS, 

Penalty  for  wilfully  breaking, 


428 


WINNING  and  losing  at  play, 

provisions  piohibiting,        .  9j — 101 


WHARFAGE  and  Cianage, 

Ra  es  t»f  VVhirfage,  .         .  795 

Whariage  of  vessels  while  re- 
pairing,   ....  797 

How  collected,     .  .  .   797 

Disputes,  how  decided,  .  797 

Vessels  fastened  to  another 
which  is  at  a  dock,  to  pay 
hdf  wharfage,  .  .   798 

Persons  liablo  to  pay  wharf- 
age, ....   798 

Wharfage  may  be  levied  by 
distress,  .  .  .   798 

Rates  of  cranage,  .  798,799 

WHARVES  Piers  and  Slips, 

Common  council  to  lay  out,  SOO,  801 

May  take  ground  bi  longing 
lo  individuals,  .  .  800 

Damages  sustained  thereby, 
hojy  assi  ssed,  •  .  800 

How  and  by  whom  stretts 
and  Wi.arves  to  be  made,    .  801 

Powers  of  corporation  re- 
specting, .  .  .  802 

Sums  expended  on  behalf  of 
proprietors  to  be  a  lien  on 
lots,  .  .  .  fc02,  803 

How  recov«red,   .  .  .  803 

On  default  of  owners,  corpo- 
ration may  niiike  such 
piers,  and  take  the  profit,  .  603 

Or  may  gram  the  righl  lo  ano- 
ther per.^on,      .        *.  .  803 

Common    ii.t»  rest     rriay    be 
granted    to    owners  of  ad-« 
jc-inifig  lol;^,       .  .  .    804 

No  buildings  to  be  permitted 
on  >5»id  street>  asid  wharves,  804 

Co'poiation  to  tiiik  piers  and 
l)a>ms  at  their  discretion,  .   804 

And  receive  \vhaira«,e,  .   b09 

Certain  whaives  and  slips  to 
be  re.^erved  for  sloo|)s  and 
market  boats,   .  .  .  805 

Corporation  may  join  with  in- 
d.viduals  to  tnak  •  piers  nnd 
receive  a  portion  of  the 
wharfage,  .         .  b05, 806 


INDEX. 


01 


Notice  to  sink  piers,  how  gi- 
ven, ....  806 

Penalty  for  throwing  obstruc- 
tions into  docks,        .         .  807 

Remedy  against  incumbering 
the  wharves,     .         .         ,  807 


Monies,  how  levied  and  col- 
lected,    ....  808 

Lots,  when,  and  how  adver- 
tised for  sale,  .         .  809 

Covenants  &c.  in  former 
grants  not  prejudiced,        .  809 


